Season 3 - Episode 1 - STOP Income Withholding From Child Support. Give Back My Paycheck.

STOP Income Withholding From Child Support. Give Back My Paycheck.
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Chris H  0:03  
In this session, we will show you some strategies and techniques for removing yourself from the income withholding program for child support, as well as to eliminate or reduce the current income withholding from your paycheck. Let's get started.

Chris H  0:27  
We will look at the child support income withholding process under the Child Support Program. We will review the statute 42 USC 651. We'll look at the history of the program, the creation of it and the purpose. We'll analyze the federal and state responsibilities. 

We look at the legality and the constitutionality of the program itself. And also the enforcement tools for the payment. On the other side of the process, we will look at the employers responsibility. The employers do have responsibilities, we'll examine the wage and garnishment process, we'll look at the enforcement procedures for your employers. 

We'll look at the due process rights that you have under the program in relation to your employer. Any objections or challenges that you put forward to your employer is protected. That is if you are fired, because you ask questions of your employer, you can file a lawsuit using 31 USC 3720 D. And what that says In summary, if you decide to sue your employer because you were terminated as have questions from child support, your child support program will actually reimburse your legal fees. So let's talk about the the income withholding. 

The problem with the income withholding process is that it's based both federal and state jurisdiction on imputed income as opposed to what you can actually earn in your pay. What that does, it's a counterproductive measure. It's very unreasonable. We're in as because the imputed income is set high above what you actually earn, you create what is called a rears. 


This is what's cruel about the income withholding program. And we'll look further into that. As of 2018, there was a study done by the Orange County Department of Child Support Services that shows that there's over $200 billion nationwide, that is either payments or rears under the income withholding program. So where does that leave us? Well, here in this session, we're going to provide some remedies for having your employer reduced income withholding the garnishment using the credit Protection Act, as well as if that's unsuccessful to file a lawsuit against your employer. 

Yes, you can file a lawsuit against your employer. In fact, there's another video on this channel where we show you the five lawsuits that you could start against the Child Support Program, I suggest that you review that video. At the end of this video, we'll have a call to action where we show you some procedures and steps that you could use in order to free yourself from the child support as well as lower your income withholding, and stop the garnishment. Hello, my name is Chris. And on this channel, we show you the strategies and techniques to free yourself from the Child Support Program. 

This is our non lawyer Maxim. And basically the states that the information we're going to provide you in this video will cover certain laws. And that is we're protecting protecting both ourselves in that the practice of law cannot be licensed by a state that is share versus Board of Education, as well as we can provide you education on legal strategies. That is the an individual can show you or teach you what the law is or what the law says.

Chris H  4:24  
Here we are now at the income withholding enforcement. Let's start at the beginning. How did this got started? So in 1975, Congress amended the title four, which is IV Roman numerals of the Social Security Act to include what is called Enforcement Program. This is called the new part D to authorize the federal funding for the purposes of enforcing the collections of child support. And that is found under 42 USC 651 of the Social Security Act. 

So title for Roman numeral IV dash new part D. in 1984, for the first time income withholding became part of the IV D state requirement plan, they created another section called 466, where it was referred to as the mandatory income withholding enforcement procedure for each state. And they updated that section into 4454 on Social Security Act, under what is called 42 USC 666. Again, in 1988, they introduced what is called the immediate income withholding into the family laws of the state. Now, with this provision, they said, whether or not you owe arrears, you will be placed in the income withholding process. And it would be immediate. 

In 1996, Congress revisited the program one more time, and they added was called the federal parent locator service. What that is, is a database. And what happens is your employer will enter your personal information into their database. And it's found under Section 454. A, as part of the 42 USC 654 v provision. They also added a few more things. 

They added that administrative orders can be used for the income withholding. They also require that it's an automated process, which is it's done by computers. So the Federal Office of Child Support Enforcement now has a responsibility to provide oversight and technical assistance to the state and their local Idv programs. They implemented that through a process called the tempo that's te PMPO process. We won't go into what the tempo is. But one of the key features of the tempo program is that attorneys can now issue administrative orders. So think about that. Congress updated the program since 1975, to now give the power to attorneys to issue orders.

Chris H  7:23  
The single and separate unit under 45 CFR 301. So the Office of Child Support, the Federal Office of Child Support, created what is called a group or agency within the Department of Health, that it's where it's being administered from. They also created a one state remedy means that the state that has jurisdiction of the child support case can leverage or utilize that jurisdiction in all 50 states, sort of a one state solution. So when you're summons to court, whether for the first time you get a sum that says show up or appear in family court? Well, there's a question here in terms of constitutionality, Congress created the Office of Child Support. 

That's article one. Family Court is a division of article three, the separation clause of our constitution says no agency has control of the other. So on the screen, you'll see we have this question mark, how are they able to accomplish this, this work and through the program? Well, what if there is an agreement between the two branches of government, and that agreement is called the Idv agreement or the cooperative arrangements? That's 45 CFR 302 point three, four. This is where the ITV program now creates ITV agencies. And they're now mandated to enter into written agreements contracts with officials from the court system, as well as the law enforcement and the prison system. 


Also, they agree to manage the state IV, a program which is welfare under 45 CFR 235, point seven zero. So now this completes the circle. So this the officer child support, creates the cooperative arrangements with allow them access to the court system through the contracts, and it's managed by the Department of Health. That completes the circle. So where does that leave your constitutionality? When you arrive at court for a hearing, and you're in a room with someone in a black robe? At that point, the first statement is, where are you? Are you in Article One, or article three? 

That question must be answered because again, it's the separation of powers. So if your before and after dv agent, which is a judge that's contracted by the RTV in that judge or, or lawyer or whatever that person is, they're not performing a judicial function. If you disagree with our assessment, please feel free to comment below. Upon further research, we found the case called blessing versus Freestone. 

That is, the Supreme Court came back and said, the title 4d process or program does not benefit the mother, the child or anyone. It's basically a federal funding program and therefore the individual has no rights. It went on further that the Idv process was set up so that the depart the secretary of the state can manage the program through the Department of Health and Human Services, that they manage it through your local Idv office, which is functioning inside the court system. Again, that's blessing versus Freestone. 45 CFR three or 3.1 100. This is now the enforcement of the income withholding from your employer perspective. So here's how it stars, the state would notify your employer of the immediate income withholding, as you recall, where we are now is where the income is immediate based on all the changes in Congress. 

Here's some of the things to highlight. Once the employer gets the income withholding or the garnishment request, they must return that within seven days. Here's something else, they also get what is called an administrative fee for doing this process. So that means your employer is participating in the program, even if the fee is small. They also must work on government garnishment using the Consumer Protection Act 15 USC 1673. They also have other provisions that the garnishment income is binding on the employer

Chris H  12:15  
as well as any Shouldn't the garnishment should be deducted after state and local taxes and federal taxes. That means if you have a 401k, or retirement account, paying off the child support is more important than actually funding your retirement. This is one of our issue is that the Child Support Program basically is driving all men into bankruptcy.

 If you cannot fund your retirement, and how are you going to retire after 2030 years, that's why we encourage in we suggest and recommend every one should be off this program. It is predatory. Next, the employee is required to do what is called submit your name into a new hire directory within 15 days. As you know, that was part of the 1996 changes to the title for program. We have a video called know your rights for a your employer to just submit your information private information to outside governmental program. 

Well, I think there's an opportunity there for you to question that process. So if you have the opportunity, please watch our video Know Your Rights 45 CFR 264 point three zero. This statute statute says that the state must refer all appropriate individuals in the family to the Idv agency. 

This is now our assumption. We believe every man in this country is enrolled in the Child Support Program. Whether you whether or not you have a sibling or offspring or a child. And this is the statuary, where it exists. As you can recall, they created that database, and your employee is now forced to send your information in there. And who establishes paternity not the mother? Of course the Father. 

We have a video called defending your rights. You can view that video to understand what are your rights in terms of submitting your name into into this database. That's a reality check. We feel on our part the administrative wage garnishment so let's look at the wage garnishment process which is found under 45 CFR 32. There are several provisions to it but we highlighted three of them that we think you should notice. One is called The debtors rights, that's for Section 32.4. In that you must enter into a written repayment agreement. That means you have to agree to the income withholding. 

Next is the withholding order. It says that the Secretary shall send by first class mail, the SF 329. A letter, which is the employment notice letter to the employer, a wage garnishment order a wage garnishment worksheet and certification within 30 days, the amount that's taken from your check which falls under 32.8 must be within the consumer credit protection that guidelines of 1673. And within that guideline, it says that your garnishment should not exceed what is called 30 times minimum wage. And that found under statute 29 CFR 870. point one zero. 

That is if you do if you perform the calculation yourself, and you discover that they're taking more than what is required by statute, that's an opportunity to object that's an opportunity question. On the left here we have the form itself was called the wage garnishment package. So there's a section called briefing instructions. 

So we're going to highlight that on the screen. Here's what it reads. This is the brief instructions from the packet itself that has the letters says the federal agency issues a wage garnishment order, and is referred to as a creditor agency, the creditor agency must complete the administrative wage garnishment form, as I said, it was the SF 329. A. So look at this for a second, if someone tells you that child support income withholding is law, they are incorrect, the very packet to the employer state that they are a creditor agency. So, so far, you've now learned that the child support enforcement title for new part D

Chris H  17:15  
is nothing more than a credit agency. And as the Google case law, blessing versus Freestone says it has nothing to do with the child, the mother or the father. Note that so what's the remedy? Well, the the remedy is your will use the the Consumer Protection Act to either reduce your income withholding or eliminate from the program.

 So here we'll briefly state what the Consumer Protection Act is. It is where Congress passed a law that says your garnishment should not mean more than 25% of an individual's disposable income. Right 25%. However, Congress again, inside the Child Support Program allows up to 60% be deducted from your pay. And as we said, it's after you pay your taxes. It is the first payment made priority. We have a video call Show me the money. 

We go into further details of the of the ccpa. For more. For more information, please review that. Let's look at the income withholding form itself the actual form where it's where it's the order for the income honing. And it's based on what is called imputed income, not earning capacity or prior experience. In New York is a case law called Kessler versus Kessler. That's from the second apartment, where it says there's perfectly okay for the Child Support Agency to impute the income and completely ignore the employment history or future. So when you go to court, again, Idv court, and they asked you to bring your tax return. 

Why they asked for that when they don't need it. According to this, this court case, it's not needed. So basically, they can make up whatever number they have, which explains why the income withholding of itself is so detrimental to all men. Because they make up the number it is the beginning of the fraud. 

We look further into again case laws to compare. And the case is called Sage versus United States, where the Supreme Court says the child support agreements are equivalent to interstate contracts and reject the idea that it's anything else but an interstate contract. Reminder, the form itself is a uniform form. Call the OMB for it's given to all 50 states to use that form, as we just covered. And the idea is to create a one state system which crosses state line, again, interstate contract. That's how us vs says decide this. 

Not a court order, but an administrative order for a payment. Now, who manages all of this when you go to court, or Addy v court, it's over, over the overseer at that point is either the Support Manager or a quasi judicial judge or administrator in New York, as in many of the states that individuals called a Support Manager. Under New York law, it's 205 point three, two, where the Support Manager which is, which is hired by the chief administrative judge, in family court, they shall be an attorney admitted to practice law. That's a problem. 

A debt collection agency child support has an attorney sitting in organizing it. That attorney is not a Certified Public Accountant is not a tax preparer, not a bookkeeper and not a financial adviser. So you have an attorney who's making decisions on financial instruments, which is imputed, basically make it up. 

Now you can sue the support padget. It is our opinion that every Support Manager can be sued on the 1983 law for violating of your rights, because they are practicing without a license. If you can't practice law, without a license, how can you practice bookkeeping without a license, it's the same thing. So in fact, it is fraud on the court, you need an expert to do this. And further, if you're going to impute the income, you must have some forensic skills, which means an accounting skills, this support managers and attorney. Again, that's where the fraud and this is where the lawsuit comes in. So

Chris H  22:13  
this is one of your remedy, you can sue them under what is called the private parties, the private party act using either ex parte young, but the main case is own versus city of independence. So yes, you can sue the support managers. In fact, I believe we believe that you can sue every Support Manager because they're practicing without a bookkeeping license. So now, let's take your employer, which the statute is 45 CFR three or 3.1 100. 

You can also file a lawsuit against them for the income withholding, under what same thing, the third party Privacy Act under the 1983, the case where you'd reference is lugar versus Edmonton. Now, why would you want to sue your employer? Well, if they're not following the ccpa, credit consumer act, and they're taking out more than they need to, then that of itself becomes a damage? You're saying, Oh, my employer is good to me, and I don't want to sue them? 

Well, if you're content with only making 10% of your pay, then I guess it's okay. But if not, here's a remedy. Here's something else to note, the employer gets an administrative fee for performing the income withholding garnishment. So they have a fiduciary reasons for carrying out the program. Again, they're involved in this, they're equally involved in this. So here, we've come to the section called call to action. Here's what we suggest. 

And we provide information, you need what's called a copy of the Justice Department letter, as well as another form called the seal well, or the deprivation of rights letter, you will use that as you engage both the agency as well as the your employer. So here's what we suggest. Again, you can do whatever you want, we're not legal advisors. But here's we suggest, you can ask your employee to recalculate your garnishment based on 29 CFR eight 7.0. Next, you can ask your employer to stop the garnishment if you feel that it's unjust again, the income is imputed you the Consumer Protection Act in which to remove yourself from the program.

 If you have any questions on that, please feel free to send us an email and we will tell you what our opinion is on the process. And here's the good thing. You can start this process now. You don't have to wait for the next paycheck. If you think it's unfair if you think the garnishment is too high You can start the process in which to either reduce the garnishment or stop the garnishment process in its entirety. As always, feel free to reach out to us. And we continue to provide research materials for you to use so that you can remove yourself from child support. We also ask you to subscribe to our YouTube channel. 

We provide what we call information to folks who subscribe outside of our videos. And so you want to be a part of that list. And next, we ask for a $25 gift just to help us with our research. It's voluntary, but you know we ask anyway, and it will help us to give us to provide more details to you as time goes on as the program changes. 

We're recommending here some videos that you can review in order to remove yourself from the Child Support Program. And that brings us to the end of this presentation. We want to thank you and please review the rest of the videos on this channel.