Season 2- Episode 1 - California Unconstitutional Child Support. Review the highlights of Your Rights

Chris H  0:04  
Hello, and this is a re recording a re recording of the California unconstitutional village video which we produced earlier today before, there were some issues with the volume, and therefore, we're recording the information all over again. But this time, we're going to focus on some of the highlights. That is important for California. And so let's get started. Hello, my name is Chris. And we're going to record another version of the California Child Support Program, because there were some issues with the volume. And again, as we've said, we're going to show how the rules and regulations in California conflicts with the title for D and your rights. As always, we go over our non lawyer Maxim. 

One of the things we're focused on today is that no states can convert a Liberty into a license and then charge a fee for that that's Murdoch's versus Pennsylvania. So here we are, again, at again, we're recording this all over, because there's some highlighted section that I want everyone to sort of pay attention to. And they're going to be some information here that we're providing that is in the manual, and may not be in what is currently going on in California. And this is critical and important. Because you can only work with written documents. 

And the key about written documents, you can use that to escape the California Child Support Program. So let's begin. As we said last year, they the entire program collected $28.5 billion and they paid out 27 point 4 billion. Of course, that's a billion short. According to 2010 census, Texas had 28 point 7 million citizens people and of course, California is the most populous state at 39 point 6 million. And the reason why we use Texas in California again, because they are the two most populous state. Here we have are the financial numbers under Administrative wage garnishment with 45 CFR 32. And California since 2014, collects about $2.2 billion, they've been consistent across the years. 

In 15, they did it relatively same, in 2016, they went up just slightly, as well as 17. And in 2018, they did 2.4 billion. Of course, if we take the decimal place further out, you'll see the actual changes, but they are in a steady rise. So now let's look at paternity acknowledgement. As you already know that if you're an unwed couple in the hospital, they present you with the birth certificate. And inside that packet is a hidden document called paternity acknowledgement. They just basically let you know that you cannot get a birth certificate without it, which is actually not true. 

However, you know, many of us are not familiar with the Child Support Program. They go along with it. So for California, they have had 164,088 men who signed acknowledgement of paternity. And the way we like to look at it is it's another 164,000 new victims. arrears. arrears are very lucrative for just about all the states. And here we are showing that Texas brought in about 16 point 9 billion, and California is about 17 point 5 billion in arrears and how they calculate arrears as you know, they made it up. Many of the program says we look at your tax return. We'll look at your income and we combine the two. 

Well, according to the law, Kessler versus Kessler, which I'm using that from the second apartment in New York, the court does not need your account in order to calculate both your child support and your arrears. And part of the reason is because there are no accountants involved in the process. We've said on this channel that most of your commissioners, you're not accountants license there if you're not a bookkeepers, so of course they get away around it by saying, well, we can Guess what your child supports are and then we calculate the arrears based on that.

Chris H  5:07  
We have our maximum here for this channel that says 45 CFR 264. Point three zero is where all men are enrolled in the title for the state program. And pay attention in California because it's an interesting way of how they have managed this statute within the program. As always, we have a video on here that says, defend my rights, you need to know your rights when he comes to the state, title 4d program. Call to Action, we have a section called call to action, which we raise a few questions. And then throughout the video, we then sort of summarize and finalize what our results are. So we call that call to action. Our mantra on this channel is the art of war. If you do not know your enemies, Know yourself, you'll be imperiled in every single battle. And that is, we're going to look for the Office of Child Support Enforcement. As you know, the legislation says it's under the Department of Health. And the reason for that is that one of your defenses is jurisdiction. And we'll expand on that more at the end.

Chris H  6:37  
So let's look to the state code of California. We're going to do this in three parts. The first part is we're going to look at the information as it's presented in the legislation, then we look at the strategies that the state has decided to implement. And then we'll provide you with our feedback of how the two so under the family code 1702 717202. It says the department is hereby designated the single and separate unit. As well as the state plan function shall be performed by other agencies within the state as required by law, that is by the delegation of the department, or by cooperative agreements. There is a problem with that, under the title 4d Congress never intended for this department, title four D to delegate its authority to any other department. And we'll talk about that more. Now, let's look to the responsibility of the director of the Child Support Agency. 

At the time of the implementation, which is now section 17305. It said that the director shall begin to transition from the Office of a district attorney to the local support agencies pursuant to Section 107304. Well, of course, that was a while ago, and now they have their offices in may have changed. But to start off with the Office began in the district attorney's office in this will end you understand why it started there, and why there are issues with the California program. Further in the statute says the director shall consult with the district attorney. 

Again, it was born out of the district attorney's office, and therefore they go back and consult with a district attorney. Further in the same section, family code 17305. It says each district attorney shall continue to continue to be the designated single organization unit. Well, of course, as they went along with the program, they may have changed the designation. Some of the counties may have assigned new people, but understand this which is important for you to escape child support. This is where it started, based on the legislation. It started in the attorney general's office. So here we are, what's called a single and separate unit 45 CFR 301. point one. This is their strategic plan as the dates 2015 to 2019. We just approach 2020. So this plan until a new plan has been designed is what they've been operating under. Now I've updated the commissioner whose new name is now David Kilgore, who now runs the program. And his background is he came out of Department of Children Services in June 2018. 

He was once a director of the Riverside County department Child Support 2015. So in the strategic plan, I wanted to highlight some of the objectives that they had that was been going on for the last five years. So if you were caught in this program in the last five years, this is the guidelines that they were using to start off with, which is called a technology Improvement Program. One of the things they worked on was, they wanted to find liens to collect Child Support electronically with the five largest financial institutions within five years. 

And of course, we're now in the fifth year. So what they want to do this is that they want to be in California and immediately have access to the financial your financial information with the five largest financial institutions, that includes banks, commercials, everything else. Well, that is a problem, there is no opportunity to challenge because all of this happens automatically. Next is a partnership with employers, they wanted to increase the percentage of collections that comes from the income withholding from your employer with your salary from 67% to 80%, within five years. Now, we have another video on this channel called the 2020 strategy.

Chris H  11:26  
In that video, I demonstrate I showed you that there is a new multi million dollar contract between the largest employers in this country and the title for the program, which happened last year. So in essence, this objective, they have achieved that objective objective based on our 2020 report that they're going after, or they want to take more of your salary. So think about this for a second, if you're making $1, and their attempt is to take 80% of that, that would leave you with about 20%, part of which is to pay federal, and state local taxes, if you have those. So that is what they're going after it's just your money. Next, they want to strengthen their partnership between the judicial branch and the title 40. program. 

As we said before, title 4d is not an arm of the judiciary section of our government, as you know, we have three parts to our government. It is part of Congress, it's always been part of Congress, they have always contracted with the Judicial Council. And you'll see more of how they've executed that process. So this brings us to my opinion, my opinion, the purpose of this program is basically and the strategic plan in California is for you to give all of your money to child support up to 80%. It was placed in their strategic plan. And whoever now runs the program, Mr. Kilgore. He has he's implemented or will continue to implement that plan. So how do you protect yourself?

Chris H  13:19  
So now we're on to part two, which is, let's look at the manual as it exists. And of course, there are changes and updates to that. But the strategy for you escaping California is one, you must address what is already written in the legislation. That is your key because you can always point to the ambiguity between what was written in the manual and what is being implemented. Currently, again, the goal is jurisdiction. So let's look at a startup program, the district attorney shall provide all appropriate services to all cases as needed. That is a district attorney office was in charge of child support. Over time, at the writing of this manual, they may have implemented a few commissioners and executive directors in the individual counties. That does not mean every single county is being run by these commissioners. But we do know this, it began and started in the district attorney's office, and this is to your advantage. So let's look at what is called the local Child Support Agency. Again, they're referring to the district attorney, his office and family code 17305. 

So the district attorney is in charge of the program. I also like to point out, look at their compliance. They only have to be accurate 75% of the time in order to be considered within compliance of the program. That is a very low bar. Here we go again, California central registry. As you know, we've said on this channel that all men are registered in the state database, regardless of whether you have a child, or you have a case or an active case. In fact, California also stores information on what is called independent contractors and 1099 workers. Now, we hear reported that the executive letter from the from the former United States President clearly indicated that independent workers in 1099 recipients are not included within that database. It clearly said that, which means the agency title 4d has no authority, no jurisdiction over those workers. But yet the state legislators are intending to put laws local laws to include independent workers. Well, here's the issue. 

What happens when the federal law comes into direct conflict with the state law? Obviously, federal law wins every time. Next on section 12 101, to talk about the status of each case. And it says here, that the case is either receiving benefits such as welfare and any other services from the state, or never have received. receive assistance. Well, this is what we're saying. If you've never received a since assistance, then why are you in the database, again, because all men are already in the database. So let's move to where in the central registry, they have the ability to also acquire information from other states through a form called FSA 200. Again, their goal is to build that database, because they want everyone in the event that you happen to move to the state, then they don't have to go through the formality. 

Also, the one of the reason why they want to have everyone in the system so that they can establish what is called a judgment or order of support. And those are two different things a judgment or an order of support. Order of support can lead to a judgment. And here they describe the judgment as medical support, temporary final modification termination, what they're saying is, we want to have the ability to have jurisdiction over everyone, regardless. Now for the program, they have what is called time standard or establish standards. Here, they said they established a support order, and if necessary, necessary, but eternity. Why is this important? We talked about that California last year at 164,000, new service applicants, customers, whatever you want to call them, that sign the paternity acknowledgement, why we're highlighting this it says establish a support order, and if necessary, return it. What that means is they're not interested in resolving paternity. So you could be a father

Chris H  18:21  
or an alleged father for a child that the DNA does not match. Well, according to the statute here, it's irrelevant to us as long as you've signed acknowledgement of paternity. This is what we used to do to sort of label you with a new status of the legal father. We understand that the DNA, if you already had a DNA test done, that's a private matter, we would have to go before article three court in order resolve that, but that's not an issue for the agency. It Tao for the agency is a commercial, separate collections agency. 

They're not interested in paternity. Here's another reason. Say for instance, there's a discrepancy between someone who unwed couple where the father did not sign acknowledge and paternity, whether it's within the state or from another state. Here, they allow them to do what seek a support order in the future. Well, how long in the future? Is it? One year, two years, three years? It does not say, however, we do know this. They like to use the guidelines for the states that until the child reaches the age of 21, for some state, we did a video on that. That shows you the different states, the age limits that they use in New Jersey, it's 19 in Massachusetts 24. But this gives him the power to basically track you down again. 

That's what they're doing what that's their intent and forcement of support orders Further goes on to say that they will identify or failure within one month that is, if you are in arrears, for support obligation within one month, then we basically can bring you back to establish a payment plan or anything that leads to you consistently sending them a paycheck. And the goal is to identify now, they've also gave themselves room within the legislation to provide what's called appropriate enforcement techniques within 30 days, once you've been notified by Service of Process, basically, what they're saying is, we can start our enforcement action, within 30 days of you missing a month payment. 

For whatever reason you lost your job doesn't matter, it gives them the ability to do that. The expedited process, under the title for dd expertize, expedited process is about 60 days, this is under Section 12 dash 109 point three. And here's what we're highlighting the timeframe for the disposition, an expedited process, it can be done by a hearing officer presiding over by a judge, or Commissioner, or a referee. The idea behind this is basically anybody can establish during the expedited process, a support order, and they left that wide open such that they don't have to hire judges, or they can contract judges or commissioners or anyone within the legal community, they basically can hire relatively anyone to do this functions.

Chris H  21:51  
Next, we look at what is called establishing enforcement. So support orders and collections is one's policy. Next is enforcement. What they're saying is, they have the extended amount of time to determine enforcement, if they were unsuccessful with the enforcement efforts. They've reserved within these policies to an appropriate enforcement. Again, in the future, what does in the future means? Well, basically, until the child reaches the age of 21. And why they do this are rears. So even if your case is close, but there are rears, they have given them the flexibility to go after the arrears for that state. So here comes my opinion, is you are guilty in the California system, you walk away with the understanding that you are being treated as a prisoner. That is you are in the database, whether they're whether by your social security number or not, because they have independent contractors and 1099 workers who do not use your social security numbers for their jobs, such as Uber drivers, barber shops, plumbers, nurses aide, they don't use your Social Security, they use their employment ID. 

Nevertheless, you are in that database. In California, they keep track of you, again, for enforcement, as if you were a prisoner. That is you are what I call a work release prisoner. So here's our next opinions. And we have a video on this channel called Know Your Rights. Because if you go with the guideline that you are a guilty, and you're a prisoner within the title 4g within California, then we're suggesting you adopt Miranda versus Arizona. Most people know it as you do not, you know, commit yourself? Well, we extend it a little bit differently because even though title four D is a contract process, and people know this, that if you're silent is as if the contract. This is different. 

If you take the approach, that you're already convicted guilty without a jury trial, without anyone sitting or real judge, which is an article three john sitting, then you can resort back to your Miranda versus Arizona rights. And the part that I like about it, why we have it here on the screen is that it protects you in all settings, not just in front of a judge, not just in front of a magistrate. It protects you in all environment. So here is our call to action for this section. That is 42. us code 652 which is the duties of the secretary. Now we said that this started off in the Office of the Attorney General and it's been pushed down into the counties will hold fast To this, whether it still remains as part of the Office of the Attorney General, or it is being administered at the county level, the commissioner jurisdiction is still your best escape. Because this is where if the ambiguity exists, then you have what is called motion to dismiss. 

Now, how do you do a motion to dismiss but motion to dismiss obviously falls under what is called a jurisdiction. And here, our suggestion is understand the ex parte young doctrine. And that is that anyone acting in capacity as if they're exercising the federal program, and they made errors such as your rights, they are stripped of their official title, and therefore, they do not have immunity. And of course, this is pennhurst. School versus all women. It's a very well known case. But this is where you use this in order to escape. Next, if you're in front of the family court, and you're before Commissioner, right, Family Court is confined to the power that's granted to it by the mistake, the state judicial branch. Therefore, this is even the most place you want to get jurisdiction at all times. Because you do not want to walk in there without at least asking for the various types of jurisdictions. And armar remedy is when a prosecutor or Attorney General performs an administrative or investigated function, and that prosecutor Attorney General loses immunity, because immunity does not extend to non judicial officers. Keep that in mind.

Chris H  26:55  
So here we are, again, which is called our call to action. And we suggest reading the the Justice Department department justice letter, as well as a CIO, for many people don't like that CIO forum. But that's your for has the information you need in the event that you want to file a notice of claim, or a letter of intent to file a lawsuit, as you know, and we've covered this in other videos. In order for you to sue a government worker, you must it is required to notify them. Even if they do not respond. It is required. And we are what we like is a CEO letter does that job regardless of has the word citizen or not? The point is, it has the key information that is necessary to satisfy the foundation of a lawsuit against a government worker. And many people make that mistake by not filing that letter. So let's look at for the attorney general who or whoever is operating your title for the program. 

We say target the attorney general's office or the attorneys within attorney at Attorney General's office by using what we call jurisdictional challenge, motion to dismiss. And there's several of them, most people don't have them listed. We have them listed here. There are seven, motion to dismiss, you know, most people like subject matter jurisdiction, jurisdiction over the person where you, you know, you do special appearance, but the key ones that we call are not excused by any court whether article one or article three is called failure to join an indispensable party. Why is that significant? Because in California, since you are already guilty, the question becomes, how did they arrive at you being guilty? Who were the parties that testified on the government's behalf, that you owe child support? Remember, your argument is you do not owe anyone, you're responsible for your offspring, but you are not responsible for their title for the program. And so failure to join an indispensable party becomes your action. As way of getting out of this. Remember, you're not trying to fight them in their own court, you want to get out of that program. 

Now, if you disagree with anything that we've stated in this video, or any of our other videos, please feel free to contact via email. We also ask that you subscribe to our YouTube channel and press the notification bell so that we can take advantage of more of the tools that are available on this platform. We also ask for a small donation and that is because it takes time to research some of these information and for us to give you the appropriate and relevant strategies for you to defeat the program and that we asked for a tool $5 gift for any amount that you choose. And again, we ask please subscribe to our channel. So this brings us to the end of what we call the Redux or the redo of the California program because we call it the imprisonment program, which is you're already guilty because you are in the database that is managed and controlled by the Department of Corrections, which means you're in a post arrest environment and thanks for listening