Season 3 - Episode 2 - $5000 Small Claims Lawsuit Against Child Support Agency

$5000 small claims lawsuit Against Child Support Agency
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Introduction:

Chris H  0:09  
In today's session, we will review the 1099 lawsuits against child support independent contractors or what is normally called 1099. workers. They can sue child support. Let's get started. In our economy, which is also called the gig economy, we have independent workers or 10, nine nine workers there barbershops, nurses aide drivers such as Uber or Lyft. And what the child support agency does they include them in their calculation for child support as if they are a W two, or employee? Well, we're here to tell you that if you are one of those independent workers, under the program of child support, you can file a lawsuit. 

In addition, you can file a small claims lawsuit against him for approximately up to $5,000. Let's get started. delegation of authority we have not covered delegation of authority, but let's do a part of it here. Independent workers or for sure 1099 workers are classified by the Internal Revenue Service or the IRS. We're in as their policy is you cannot wage garnish, a 1099 worker. We have a video on this channel called Know Your Rights. We talk more about how to defend your rights. 

Here Next is the Supreme Court case called Manal vs New York, and it reads, they can be no doubt that title 42 1983 was intended to provide a remedy to be broadly construed against all forms of official violation of federally protected rights. Again, that's Manal versus New York Supreme Court decision. Hello, my name is Chris. And on this channel, we show you how the Child Support Agency comes into conflict with your rights. We are not a law firm or attorneys but we provide you research and information on the law. 

And we rely on a statute or decision called NAACP vs button where it says that non lawyers can assist members the public with explanation or understanding of the law and will not be charged. So let's discuss further. It is my opinion that 45 CFR 264 point three zero, it's where all men are enrolled in a Child Support Program. H

owever, some do not have an active case. So in section one, it says state agencies must refer all appropriate individuals in the family for whom the child who has not had paternity establish or for whom the child support order needs to be established. We have a video called defending your rights. 

This is where you can use this to understand what the section actually means. As we said, All men are enrolled in the program. So let's take a look at what is called the executive order from the president united states. It's dated January 19 2017. This is where the Child Support Agency asked Congress to include independent workers or 1099 workers into the statute for child support. While I'm here to tell you that that provision was rejected by the President. Now there are folks around saying that the current president actually signed that into the executive order. 

I'm here to tell you which is on the screen. That is not true. The current president was Reagan's was put in place on January 20 2017, which means the prior President Barack Obama is the one who signed it into law and his signature appears on the document on the screen. Again, if you're going to quote this section regarding worked in nine workers, please be accurate with the information. So

Chris H  4:40  
out of the executive letter, what was decided for child support to have the authority or delegated authority from Congress. They have jurisdiction over employees which is are called w two workers. However, they do not have jurisdiction or the authority or Over non employees and independent contractors that was rejected in the executive letter. employees, who are both employees and non employees are those who received both a W two and a 1099. 

We haven't complete a video on that. So what we're asking is Please Like And Subscribe our check to our channel. As soon as we release that video, you'll be notified. So now let's look at the Internal Revenue Service, which again, owns the policy or the delegation for the classification of employees and non employees, independent contractors 26 USC, Chapter 24 is where this is described. 


And on the screen, I've circled Section C as in Charlie, it says independent contractors classification. Now it doesn't say 1099. But as the IRS says 1099 is where you put the wages for these independent workers. So this is the classification for it. But also note under Section 530 consistency requirement. It states treat all workers in similar positions in the same substantiative consistency, as well as for all requirements for form 1099 also report the consistency for that. 

What does that mean? It means do not mix both of those folks together. They are different under the classification of chapter 24. So in essence, the 1099 workers almost like in their own crystal ball in their own, you know, bubble when it comes to the classification. Again, we reference our other video called Know Your Rights. Here we look at a federal rule. It's called USC 1028. A as an apple, it's labeled aggravated identity theft. Why we like this, because here's the problem when employer or child support reclassifies, a 1099 worker as if they are a regular employee. 

This statute covers that we feel that this statute covers that the case law we use is called United States of America reverses neuron whoa or neuron Joe decided in the Second Circuit. And here we have circles on the screen parts of that law in section one, it says it is unlawful to change the classification of the employee or non employee, as well as when it comes to money property and benefit. It is a felony to change the status for your own program. That's the reality check. This code says it's a federal rule, you cannot arbitrarily change the status of a worker. So let's move on to what is called a child support employer manual. Here we have the most current version, which is September 2019. 

This is the guide for employers in the role of the Child Support Program. In the document, you'll find a section called How do I report the termination of child support? Well, what it says if the employee no longer works for the program, that's part of termination, as well as you may voluntarily notify child support, if you are withholding payments, for an independent contractor or non employee, this section is called termination. you terminate someone from child support, if they fit either of those two categories. Again,

Chris H  8:55  
the federal rule says you cannot mix classification. So this part of the manual is saying you employ your if you decide to change the classification of your independent worker that is on you. You can notify us as voluntarily, but we never instructed you to do that we have no authority in which to change your classification of your workers. But if you choose to do so, you choose so at your own risk. We also like to quote this case tangle versus usury, where it states even where state officials are administering federally funded program. 

That state official is still acting under the color of law. We have a video that's called No You're right, but also we have another video call the color of law form, how to complete that form. So here, if the employee you're dealing with a child support decides to change the classification, what the Child Support Agency saying If you do that on your own, we did not instruct you to do so. Now how all this happens, when you go to court or your summons to court for the first time, you will face what is called a support magistrate, under New York law is 205. 

Point three to this support magistrate is an attorney, and has been practicing for several years. Here's where the problem and here's where the fraud begins, we talked about our lawsuit against the Support Manager, the support magistrate is an attorney, then not a certified public accountant, you're not a licensed tax preparer. 

They're not a licensed bookkeeper, or financial adviser, if they were any of those category, who has the authority to punish if they were to violate that the Internal Revenue Service. So they were clever in their classification, they ensured that an attorney calculated the child support not a CPA, because they would know there'll be violating a federal rule, and they would be subject to what a lawsuit under the color of law. So this is where the fraud is absolute fraud. And again, we welcome any opinion on this. 

But we point out clearly here is one of the many frauds and if you'd like to sue the Support Manager, one of the ways we we point out is that you can sue them as a private party under state actors rule using oyen versus city of independence. So that's one of your remedy. On this channel, we have a video call the five lawsuits and support managers. Number two, please review that you can see what other remedies you have in far as filing a lawsuit. 

So here's the best part of this video that we've said we said, you can sue the child support or the Support Manager for within the small claims court and usually small claims court has a maximum of $5,000. they violated a federal rule, by reclassifying you as an employee for garnishment there was no such authority from either Congress or the IRS. So therefore, in our opinion, they have no jurisdiction over independent workers. If you have no jurisdiction, then the order support order that you basically slapped on these men are what unconstitutional, or as you want to argue, violate a federal rule. 

So this is where we say you can file a small claims courts against identity theft. So we decided to look at some of the states who tried to implement or circumvent the delegation of authority by the IRS. What we discovered was Kansas does not allow that. However, the make big states such as New York, California, Texas, all the big states is looking for more money. They tried to write laws to circumvent the delegation. 

As we know this with the supremacy clause of United States, you cannot circumvent the federal rule. But they're trying to. So here we have a section called call to action, we have a video called Give back my paycheck on this channel, I want you to review that if you can, we're suggesting. So understand income withholding order, and how you can fight the child support. As you now know, 1099 workers independent workers do not fall into the wage garnishment category, because they are not employees.

Chris H  13:55  
So here's the other call to action. To stop this fraud. Get a copy of the Justice Department justice letter and the CO l form which is called the color of law form or deprivation of rights form. Then contact your employer and ask for all the documents that were sent to you as a result of the Child Support Program. 

What you'll do with that we recommend is that you draft a letter to your employer demanding that they stop the wage garnishment because your status of a 1099 independent contractor is covered by the IRS in the afford child support has no authority to continue the action against you, or else you can file a lawsuit or you can file a small claims court for identity theft. Also, if you have additional question on our conclusion, please feel free to send us your comments, your questions for the discussion. 

We have other detail information around this topic. We didn't put it in the video but we welcome you to reach out And next, start the process now to separate yourself from the Child Support Program. As always, we are here for comments suggestion questions. If you have ideas on videos you'd like us to review, please let us know. In addition, we're also asking for a small donation for us to continue our research. 

We're asking for a $25 gift or any amount, just so that we can continue to bring you research on the child support program and how it violates your rights. So this is the end of our presentation. There are some recommended videos on the screen that we asked you to review that would further help you in your quest and challenge to rid yourself of this fraudulent program. We've shown that this is a fraudulent program. And thank you have a good day.