Season 3 - Episode 4 - Give Back My 1099 Income From Child Support

1099 workers Cannot Be Forced To Pay Child Support
Give Back My 1099 Income From Child Support
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Introduction:
Chris H  0:04  
Welcome. Today we will review

Chris H  0:09  
the independent workforce in our economy, and the strategies they use to separate themselves. From a Child Support Program. These independent contractors receive what is called a 1099. paycheck. Let's get started.

Chris H  0:29  
Hello, my name is Chris. And on this channel,

Chris H  0:33  
we provide tips and strategies for you to separate from a Child Support Program.

Chris H  0:43  
Here we'll review what is called our non lawyer Maxim that is on this channel, we can show you the laws that you could use in your paperwork to separate yourself from the Child Support Program.

Chris H  1:02  
So let's take a look at the independent worker in the gig economy. As you know, we're approaching 2020. And we're further along the second decade in our what we call gig economy.

Chris H  1:17  
First off, the first group of workers are called independent workers or contractors or freelancers or entrepreneurs are self employed. When they perform a service, they receive their pay in what is called a 1099 miscellaneous paycheck. That is, there are no taxes taken out, they basically get reimbursed for their services. The other group of people or what is called employees are wage earners. And they receive their paycheck known as a W two were in as federal and state local taxes and other benefits are taken out

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before they receive compensation for their pay.

Chris H  2:02  
And the name of the gig economy is that most businesses now revolve around the internet. That includes hairdressers, taxi, cab drivers, barber shops, nursing home.

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So let's introduce child support to these two groups, the workers. Now, right now we're not discussing the advantages or disadvantages of a group just that there are two groups of workers with the 1099. Workers or paycheck, let's call them the 1099 workers. When it comes to child support, they are exempt because their income cannot be reported to the Child Support Agency.

Chris H  2:43  
On the other hand, the W two worker their income is reported to Child Support Agency. And now that pay is subject to garnishment and income withholding.

Chris H  2:59  
In New York, a few state senators sponsored a bill that would force 10 ai workers to the state Child Support Agency. However, that bill never passed. Now, other states are trying the same laws, such as California, Kentucky, Texas, are trying to pass bills local bills that will include a 1099 workers within the Child Support Program.

Chris H  3:32  
The Child Support Agency has also taken advantage of this gig economy. In fact, in 2015, the total Child Support Program generated a $5.7 billion. How does that translate for every dollar they spent on the program, they collected $5.20 success. And they utilize the services of internet such as Twitter, databases, Facebook, and the like.

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Let's take a closer look at this gig economy in terms of the workforce.

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If you perform services such as delivery, or a car services such as Uber and Lyft, you have the opportunity to be an independent worker or a 1099 worker. Other functions of the economy includes like warehouse jobs or retail jobs. For the most part, you are a W two employee that is

Chris H  4:36  
the independent route is not available to you. So let's take a an example.

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If you're the delivery worker, or someone delivers for one of the servers such as doordash, you can make approximately $6,000. Again, these numbers are not scientific. They're just numbers for examples.

Chris H  5:00  
If you're a driver or a taxi driver, you can perform your services independently under Uber, or Lyft, or any of the others and you could make approximately $8,000 per year. If you're a warehouse worker or a retail worker, you have, again, probability of making about $3,000. Well, let's apply to child support to these job functions.

Chris H  5:29  
Anyone who's making what is called the independent services, has the ability to receive a 1099 miscellaneous paycheck, and therefore is excluded from Child Support Program. The w two however,

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it must be included on what is called income withholding.

Chris H  5:54  
This is an article dated December one 2017, where this writer claimed that people are using the gig economy to avoid paying child support. That is far from the truth. And the reason why they're making that claim. It's because 70% of child support payments are collected through what's called income withholding program. That is the W two worker and excludes the 1099 worker. We have a video on this channel called Know Your Rights, we suggest that you review that video.

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Here is a section we call call to action, which later on we will cover the details of the strategies that you can use. If you're a 1099 worker to separate from the Child Support Program.

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We have a video call Give back my paycheck. It's where we discussed the income withholding process. And we suggest to recommend that you watch that video as well.

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later in this video, we will review a sample template that the 10 million a worker could use to either reduce or separate themselves from a child support program.

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So let's start at the beginning.

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The United States Supreme Court, in a case call blessing versus Freestone. They stated that, as far as they understand that title four D program does not benefit the mother or the child. It was only used as a measurement for the secretary of state in which to track the program. That is there's no particular need for an individual to benefit from the program.

Chris H  7:54  
Now let's look at the President's Executive Order Number 13563. That was signed into law in January 19 2017. Within that executive water, the agency the Child Support Agency attempted to lobby Congress to ask them to include the 10, nine nine workers in what is called the database of new hire. Unfortunately, at the time, the writing of the executive letter, Congress did no such thing. In fact, it was never included at all.

Chris H  8:31  
Further, within this executive order, it was signed by the president united states. That is the previous Pres. United State. There is a rumor I heard going around and different places that the current president signed into law, this provision that's far from the truth. In fact, when you look closely at the executive order, which is on the screen, on the right side, notice the page number it says three, eight to one.

Chris H  9:05  
And on the second chart, you'll see it has a number three, eight to three and a signature that appears there is a previous president Barack Obama. So this is a strategy to attend nine I work at can use. There's a video on our site called Know Your Rights review that and I want to talk more about the strategy. If you're going to use this strategy. It is very important that you're accurate within details, for example, stating that the current president is the one who signed it into law is gross error. It was not. The current president was sworn in on January 20 2017. This executive order went into effect January 19 of 2017 one

Chris H  10:00  
day before the current president.

Chris H  10:05  
This brings us to 45 CFR 264 point three zero statute. It is our belief on this channel that every male Every man is in a role in a child support database. And it's just a matter of time before you have an active case, you may not get an active case, but you are enrolled in the database program.

Chris H  10:31  
If you disagree, please leave us a comment down below. But before this, as we stated, The Child Support Agency and ask the prior president to include that every 1099 worker to be in that database. Well, those workers are not in that database.

Chris H  10:54  
Let's review another strategy. It's called the federal consumer credit Protection Act or the ccpa. Congress enacted this protection that your paycheck can only be garnished up to 25% of disposable income and dobe disposable income is defined as pay where you take out state and local taxes and federal taxes.

Chris H  11:20  
Congress also went further and decided that within the Child Support Program,

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your pay could be garnished up to 60%.

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We have

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another video on our channel call show. Show me the money when we speak further about guarding your paycheck. So the ccpa strategy can be used for a 1099 worker to be excluded from the Child Support Program.

Chris H  11:54  
This case law call Haywood versus drought. If for any reason a state or county passes a local law that says independent workers or 10, nine nine workers should be included in child support program. Well, this is a remedy or a reality check.

Chris H  12:16  
Because the child support problem is a federal law. And if those rights are violated, you can sue both either in state court or federal court using 42 USC 1983. The Hayward decision what Justice Stevens says what a state cannot segment those title 42 cases separately from a normal tort case. So here's the remedy. So if you feel that your rights have been violated, under Title 42, such as the income withholding, you can sue either in state court, or federal court.

Chris H  13:01  
So this brings us to our page call call to action. So here's our suggestion for getting back your 1099 miscellaneous, you should obtain the Department of Justice letter and the seal l letter. Also request all documents from your employer regarding income withholding.

Chris H  13:25  
So once you've collected that, here's what we suggest. You can draft a petition or motion to your employer and to the courts, asking them to exclude all income as reported on a 1099 pursuant to 29 CFR 870. Point 10. You could also use that if 10 nine nine is your only source of income to stop all garnishment from your paycheck.

Chris H  13:57  
And the beauty of this is you could start right now if you are one of those 1099 workers.

Chris H  14:06  
Normally, then usually in many of the counties, you encounter what is called a support magistrate. This is the individual male or female that

Chris H  14:19  
will review your income withholding orders.

Chris H  14:26  
So here's the sample petition that you would use for your case. Again, the heading depends on the county you're in. So we simply have the blank, the Court of the state what state you're in and the county. We have here john doe and Jane Doe. And to the left we have an affidavit in support of exclusion of 1099 miscellaneous income.

Chris H  14:54  
Right here is where we then put our suggestive suggested verbiage.

Chris H  15:00  
The petitioner in this action is such as fully familiar with the facts and circumstances contained here in, I submit this affidavit in support was application to demand that the income and figures that are reported on the 10 men lie miscellaneous form shall not be included in child support calculations. And as a direct result, the issues in the above matter are closed and resolved.

Chris H  15:30  
Then you can further on add additional information as it relates specifically to your case, you can ask some of the local laws how it interferes with your your federal right. You could point that the fact that the executive letter,

Chris H  15:47  
the executive

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letter by the former president, specifically did not state that the 1099 worker was to be included. And you could add other things. So you know more specifically about your case.

Chris H  16:01  
Then in closing, and the document, you could put, Wherefore petitioner asked at all issues before this tribunal regarding the 1099 miscellaneous, are fully resolved and closed,

Chris H  16:18  
you then signature of the letter and of course, all petition before the court must be notarized in submitted and served all the parties. So this sort of petition can get you started in at least bringing forward your your issue of canceling all income relating to income withholding. Now, many counties will consider this a modification. It's not a modification in of itself. It is more of an error of law that you're bringing to the tribunal or the court's attention to correct.

Chris H  17:03  
So this brings us to the end of our presentation.

Chris H  17:07  
If you have questions or comments, please feel free to contact us. We also ask for a small donation to help us continue our research. And as always, the videos and the information on this channel are free.

Chris H  17:25  
Here we have a few videos for you to review and we suggest and thank you for listening. Goodbye