Season 3 - Episode 11 - FLORIDA Child Support Is A Private Business. The Department of Revenue

FLORIDA CHILD SUPPORT IS A PRIVATE BUSINESS. 
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Introduction:
Chris H  0:04  
Hello, here we are, again to review the state program within the child support title for the agency. As you know, we're reviewing individual states, we've covered Texas and California and now we're looking at Florida. Let's get started. Hello, my name is Chris. And on this channel, we review the child support title for the agency and how it comes into conflict with your constitutional rights. In this video, we will review the state of Florida. As you know by now we rely on our non lawyer Maximus basically states that on the the First Amendment, we can present information regarding the laws of the United States and individual states. 

So on the screen, we have the preliminary data for the year 2018. Put a title for the program, we have a circle around what is called Total collections. That is under the program. It says here that they collected $28.5 billion dollars. 

The same year in 2018, which is the most current report, the see the CSE program paid out $27.4 billion. If you do a quick math, that's 28.5 minus 27.4. There's a billion dollars on accounted for. Under the income withholding program for title four D eight states that's called administrative wage garnishment. That is 45 CFR 32. And this report by the was were prepared for Congress and its committees. As you know, all the programs must report their results to Congress. So in 2014, California, Florida, had $1.45 billion collected for child support. 

And each year, up to 2016, and 2017, they collected about the same amount, which is $1.47 billion in 2018. It went up a little bit to 1.4 9 million for the state of Florida. Well, as you can see, it's a steady rise. So nothing out of the ordinary, just slight increases. from year to year. We did two videos on the review of the title for the program for the state of Texas. We're asking for you to review that whether you live in Texas or not, it's important to understand how the different states are administering the program. This is a chart from this presented to the title for the agency. 

So instead of us doing our own graphics and text, we decided to just put the charts on the screen. So in Florida, the title for D sub program is managed by the Department of Revenue. And that falls under the 12 Judicial Circuit that includes Sarasota manatee in DeSoto. County, it has been presided over by the child support hearing officer. And that falls under the roles and responsibilities under Family Law 12.491 and they conduct hearing take hearings, and they take evidence and make recommendations which I'll support, then that information is turned over to a circuit court judge for review and to be signed and turned into a court order. So here's the first question that should be, you know, at least discussed. So the child support hearing officer is not a judge. 

Or if it was a judge, it would clearly state that in the statute. And second, they make recommendations to a circuit court judge and to review for the hearing officer. So does that mean that the judge does not scrutinize or take a port or dissect the information by by the hearing officer? Well, that's a question or do they just rubber stamp those determinations? So what is the role of Department of Revenue and why are they involved in your case, as it says here on the screen and Department of Revenue or call do are there the state agency in Florida responsible for collecting and enforcing Child Support.

Chris H  5:00  
What do you what do they mean by in forcing, they're not a judicial branch. And they're not full under police officers or legal counsel, in forcing. So that's a question. The do or is also involved where if it's Sarasota County and DeSoto. County, Office of the Attorney General act as legal counsel for the DLR. Oh, so that would means is that their enforcement actually comes from attorneys who are moonlighting in the office of Attorney General, because they cannot act as the Attorney General, within the statute, they have to act within what is called a contract. In Manatee County. 

The clerk supplies the attorneys for the DLR. So those are outside counsel, probably contractors on a per diem basis. So my opinion number one, so the Department of Health is responsible for the title 4d program. And then they hire attorneys, both within the government and outside the government to help administer the program. So this is our section called call to action. We actually review this at the end of the video. 

But here's some of the questions we're going to be raising who is responsible for the program? As we see, the Department of Revenue manages the title 4d program for enforcement, as well, as Congress says, it's the Department of Health and services. 

Now both departments do our department both reports to the governor of the state. So when the deal warm Department of Revenue reports into the Department of Health and services, then who's the boss? Oh, that's a circular question. Who knew there's two now two bosses, the governor and the secretary. That is why we like to refer the book called Art of War. If you do not know your enemies, nor yourself, you will be imperiled in every single battle. Therefore, if you're going to battle the the title for the office, you need to know who you're targeting, because clearly, they're contracted attorneys. Now, when you purchase a template from anyone either downloaded off the internet or you buy a package from someone that is irrelevant, 

Fine, go ahead and do that. But the question is you need to know and edit your paperwork to match. If you're in Florida, who you are fighting, or else, your papers really just falls on deaf ears as sunsun says, You lose every battle. This is a case law called on now vs New York City's Department of Social Services. This is what the Supreme Court Justice says. 

It is through lawsuits against state officers that stay compliance with federal law is achieved. And they feel the ex parte young, which is a life of the supremacy clause, which is prevents one agency from being dominant over the other is that title of 42 1983 is and can be construed as the remedy for suing state individuals. We have a video called the five lawsuits and here's number five, which is the procedures for subcontractors 45 CFR three or 3.1 100. If the attorneys in the Attorney General's are now subcontractors, it means that they're subject to title 42 lossy if deprivation of rights. And the case law is Luger versus Edmondson oil. So let's look now at the Florida program. The 2010 Census Bureau says in the state of Texas, there's 28 point 7 million. 

The population in the state of Florida is 21 point 3 million. Now why the state of Texas we've done several videos on Texas since Texas is the flagship basically the you know the one to look for when it comes to title for the program because of the amount of money they make. We are comparing the population of Florida to Texas for the rears, Texas has projected their arrears to be 16 point 9 billion in Florida, it's approximately 6 billion. And as you know, imputed income on earnings is how they calculate it.

Chris H  10:01  
The child support and the arrears. So basically they made up the numbers, the hearing officer basically make up numbers. We've said this throughout our video, we'll continue to say this 45 CFR 264. Point 306 says that the state agency must refer all appropriate individuals in the family of a child for whom paternity or support needs to be established. It is our opinion that every man in the states are enrolled in a title 4d program. It's just that some people have active cases, and some do not. We have a video on this channel called defend my rights. You can review that in terms of defending your rights against the agency. This brings us to the paternity acknowledgement of 2018. In Texas, it was 157,000 more than 107,000 but turn it acknowledge a paternity establishment, which is usually done in the hospital. 

Okay, and it's the skies in the paperwork of the birth certificate. In Florida, it's about 95,000. So here, this brings us to our call to action. What have we realized from Florida itself? Again, you can review our other video on Florida, but right now we're looking at the financials. The issue is there's a billion dollars out there, and how it's being spent, relates to how each state performed the program. So if you're going to defeat Florida, you first must know what are the duties of the secretary? Next, you need to know the cooperative agreement. What agreement to these attorneys are filing on the program? Do the attorneys represent the attorney general's office or or the outside counsel? Next, you want to review the Florida Statutes. The Florida statute helps you to understand how the Department of Revenue is functioning within the program. 

As we said, it's a separate agency reporting into Department of Health. So these are your remedy, basically, how to get out of this. This what is called I think it's an administrative and constitutional mess. And why would you want to take part in this? If you disagree, or agree with our opinions on the probe on our review of Florida, please send us an email. We also ask that you like and subscribe to our channel. And please press the notification bell. So you'll be notified of future videos. Next, we humbly ask for $25 for to cover our research, we take the time to review the case laws. And then we bring that to you so that you can have a remedy for your case. So this brings us to the end of the review of the financials for Florida. Is it fraudulent? Well, you'll be the judge. But one thing for sure, the way they've administered a program is different than than any other state. Thank you.