Season 3 - Episode 7 - Texas 1099 Workers Cannot Be Forced To Pay Child Support

1099 Texas Independent Workers Cannot Be Forced To Pay Child Support

📢      Email: Chrish289@protonmail.com
(c)Copyright, 2021-2030
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Introduction:
Chris H  0:05  
Welcome, here we are, again, with the child support, and how it relates to Texas,

Chris H  0:13  
we feel that the independent workers or 1099 workers, has the opportunity to exit or leave this program. And that's why we label this recording the 1099 problem, we've looked at other states as well. And similar problem exists with the 1099 or independent workers. Let's get started.

Chris H  0:43  
In the state of Texas, they passed a law in 2015, where an independent contractor is now included in the Child Support Program. And under this bill called Senate Bill 1727. They stated in section one line 16 employee means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code. And this establishes that

Chris H  1:14  
independent contractors 10, nine nine workers, corporations, are all included in the Texas Child Support Program.

Chris H  1:24  
Hello, my name is Chris. And in this session, we're will show that the independent Worker Program comes into conflict with the child support program within the state of Texas.

Chris H  1:38  
In this session, we will show in three parts, why we think that a 1099 worker does have the opportunity to exit the program at any time.

Chris H  1:58  
Here comes to our section call the non lawyer Maxim. We say this in every

Chris H  2:05  
programming recording because we're operating under the the guidelines that we are providing an education on the law.

Chris H  2:15  
The Independent Worker Program is not implemented in the state of Kansas, we've looked at other states as well, there are a few states that do not have independent workers as part of the the the world, the child as Child Support Program.

Chris H  2:36  
On this channel, we have this Maxim that we say that 45 CFR 264. Point three zero is a statutes that you use to enroll every man within the states within the Child Support Program. As section one says the state agencies must refer all appropriate individuals in the family for whom paternity has not been established, or for whom attorney will be established.

Chris H  3:08  
Here, let's take a look at Texas. We have other videos in Texas, but we will look at the revenue stream for Texas.

Chris H  3:16  
And we compare that with the next popular state which is California. We've said in this video in other videos, that Texas in 2018 through the income withholding garnishment, which is 45 CFR 32 $4.2 billion.

Chris H  3:34  
The most populous state in the Union, United States is Texas. But Texas was able to collect $2.4 billion. And we call that on balance. How is it that Texas is able to garnish an additional $2 billion dollars more than the next popular state. So we will review that in three parts in this recording.

Chris H  4:03  
So we have what is called the gig economy. We have several videos on the gig economy and what it basically states in this article here on the screen, which was written in 2017, that any independent worker

Chris H  4:18  
are not included in a Child Support Program. Now this writer wrote that while they are doing this in order to avoid paying child support, of course, that is not true. That's an extrapolation. That is really ridiculous. We have a video on this site called Know Your Rights.

Chris H  4:40  
So let's take a look at the gig economy. And again, we review this in other videos, but let's take just a few seconds here a few minutes.

Chris H  4:48  
Basically, if you want to start a business within this new economy, you could do a delivery business, such as doordash Uber Eats, you could do a car service, Uber and Lyft. And you can start

Chris H  5:00  
your own business and your employer or the person, the business you've contracted with, provides you with a 1099. Or you could do a individual, a business, such as a Schedule C, for a warehouse worker, they're usually an employee. And so they don't have the opportunity in which to get a 1099, they get what is called a W two. Well,

Chris H  5:27  
as a result of the 1099, they cannot be garnished on the the Child Support Program, but the W two worker can be garnished.

Chris H  5:37  
So reviewing all the states that we've looked at several states,

Chris H  5:41  
this chart here says that the 10, nine nine reporting mandatory for child support, several states have decided to implement what is called state laws, New Hampshire is done it, as well as Texas, New York has not implemented yet. We did a video on New York, where we show that it's not part of the state legislator. So let's look at Texas since Texas have decided to implement this, as I showed earlier. And we'll revisit that again.

Chris H  6:11  
We have a section called call to action, where we point out certain things that you could use in which to escape or leave the program, we have a map, a guideline that we use, it says from the art of war, if you do not know your enemies, nor yourself, you'll be imperiled in every single battle. That is if you're going to challenge the Child Support Agency, you need to understand what are some of the ground rules? And what are they using in order to maintain control over you, the independent worker within the program.

Chris H  6:49  
And we start off with jurisdiction. So later on in the later we will cover what is our call to action.

Chris H  6:59  
So let's

Chris H  7:02  
review this again. So on January 19 2017, the president the former president stated that 1099 workers and independent contractors are not included within the Child Support Program.

Chris H  7:17  
Yes, the President did this, which was the former President Barack Obama on the screen, I have a signature. So that's who implemented this rule, delegation from Congress.

Chris H  7:31  
So Who else knows about this executive letter on the screen, I have example of the Bar Association from Kings County in Washington. They know about the executive letter. They know the rules within the executive, the brother and a few other Bar Association members, and agents and state bars they know about this executive letter.

Chris H  7:54  
So this brings us to the Child Support Program. As you know, the child support was established by Congress, which is a single and separate unit under statute 45 CFR 301. point one, and summarize it by saying that the Office of Child Support is within the Department of Health. And that the executive director or the director of a program reports into the Department of Health and Human Services,

Chris H  8:28  
except under Texas, the Child Support Division is the attorney general's office.

Chris H  8:35  
Here on the screen, I showed the letter that as that there's a partnership between the child support and the attorney general's office.

Chris H  8:45  
Now, how was this accomplished? Well, the legislator in Texas decided to put together some rules and guidelines. So in the family code section, Chapter 231.

Chris H  8:57  
It says, section 230 1.0011. The title for D agency, which is a child support, shall have final approval authority on contracts route involving the title for D services. That is, the Office of the Attorney General is designated as the state's title for the program.

Chris H  9:22  
In other sections of the statutes 231. It outlines the enforcement that the that the Office of Attorney General will perform and that the director or the person in sec in Section 230 1.001, to the person appointed by the Attorney General

Chris H  9:44  
is responsible for the enforcement. Now based on the statute, it said that the person responds with title 4d reports into the Department of Health and Human Services.

Chris H  9:59  
So this is how the state

Chris H  10:00  
circumvented that. Also, by the way, within the statute, it says that participation in the statewide integration system for child support, medical support, and enforcement is voluntary for the counties. That is true. It is voluntary. It is not mandated, which means a county within the state of Texas who chooses not to participate. They're welcome not to participate.

Chris H  10:29  
However, as you know, all the counties they do participate in a program.

Chris H  10:35  
So this brings us to a sample contract, which again, we found the research and whether this contract is valid or not, we found that we believe that this contract is a valid contract, where it says here, the Office of Attorney General contracted with Collin County, Texas, for the child support services.

Chris H  10:58  
Now, this sets up a constitutional question.

Chris H  11:02  
The Supremacy Clause United States says that it prohibits states from interfering

Chris H  11:10  
in the work or laws, or Proceedings of the federal government, as well as the separation of powers says that they cannot exercise right. And that's article six, paragraph two of the constitution the United States. So how is it that the state of Texas wrote a law that basically circumvent the federal child support enforcement program? Now, of course, to us, this is a strategy for escaping the program because jurisdiction is one of the fundamental question for every tribunal, whether under Article One or article three, this is a constitutional question.

Chris H  11:53  
So let's look at some case laws that actually reviewed this again, constitutional question. In the case of Corelli versus Howser out of the state of Ohio. It says that Congress intended to Secretary not the state or federal jurisdiction or the attorney general's office, with the power over the title for D program, as well as in Brem host, under hoberg. vs. hoberg said the same thing. It's a violation, a separate separation of powers, for one agency to be managed by another agency. So here's an here's a case law, that points to the fact that what Texas is doing, has already been challenged in court, and has already been ruled and denied. However, they still continue their program.

Chris H  12:46  
So where does that leave us? So what is happening in the Child Support Agency is this that they have authority over employees or w two workers, they have no authority over non employees, independent contractors and 1099. And there is a question whether or not they'd have sort of

Chris H  13:07  
authorization over a person that's both an employee and a non employee. It will do more research on that. But for now, these are the three strategies three statuses in which the child support authority has control over

Chris H  13:25  
the consumer credit Protection Act. This controls what is called the garnishment of your paycheck. As you know what an independent worker does not get a paycheck, they actually get a contract. But for the purposes of child support, this is the guideline, the ccpa says that you cannot garnish more than 25% of the disposable income. However, the child support agencies were able through Congress to get as much as 60% from your disposable earnings. In some states, they can get 80% of your take home earnings.

Chris H  14:03  
Here's a case law. This is Ricky Ricky D. Jones. It says that the garnishment program under 15 USC 1673. Well, that protects independent contractors and 1099. So this is a second level of protection that independent workers have beyond the states, they have federal protection.

Chris H  14:34  
So this is a good time for us to look at what we call delegation of authority. Basically the power to do something, we see that the Congress did not designate a 299 workers be included in child support with the state of Texas went ahead and create a state law to include that. So we here is talking about the delegation of authority a delegation of authority should be one of the strategies in your

Chris H  15:00  
paperwork, they ask who has delegation of authority to do what program?

Chris H  15:07  
So let's revisit the law again, that was passed in Texas in 2015. Here it is. Law 1725. The bill, it says the employee

Chris H  15:19  
is defined as in Section 24 of the Internal Revenue revenue service that includes independent contractors.

Chris H  15:31  
Let's look at chapter 24. Same section that the state of Texas law revisit. Here, I have it circled on the screen, Section two, employee status, it says an employee

Chris H  15:46  
is not the same as an independent contractor, as it says, who is not an employee. That is the definition that the bill in Texas described. So enough, in essence, they are wrong. They're trying to change the status of an independent worker. Further for 10, nine workers, there's a section of the IRS law called 530 School consistency requirement. It says treat all workers in similar positions. And similar category, substantive consistency. That is, you cannot change a worker or interchange a worker with a 1099, you will come in violation of

Chris H  16:33  
the chapter 24. Now notice in the law, what they did, they said, as defined by chapter 24, why didn't they just write the law and says this is what we agree that employees and contractors, they can't do that why they do not have delegation of authority over the classification of workers, that is exclusively reserved to the IRS.

Chris H  17:02  
Child support him ploy your manual. This is the guide this point, man will September 2019. It clearly states onto the termination program, that you may voluntarily notified a Child Support Agency, if you are withholding payments for an independent contractor or non employee. What this document is doing is legally covering itself by saying we did not tell you the state of Texas, that independent contractors are included in the Child Support Program. What we're saying is, if you've decided to do such a function, then or asking you is to notify us we didn't tell you that you have to notify us it's voluntary that you tell us.

Chris H  17:47  
So this brings us to my opinion.

Chris H  17:51  
My opinion is this. If you go with the fact that there's no delegation of authority in which that forces a 1099 person into the Child Support Program, how are you under Texas law or into the program? Well, I think it's because if you consider yourself a prisoner basically being held against your will. That's how you're involved in a program. Now with that sort of an opinion.

Chris H  18:20  
Let's look into this and see if we can find out the results of this assumption.

Chris H  18:32  
Also, in my opinion,

Chris H  18:35  
under the Texas program, it says 22 USC 7102 to definition, it's saying the purpose of this is where any agency decided to tell you or abuse the legal process by saying you have to abide by certain rules, because we tell you to, but there is no law that covers that. And that's what I think that this the law in Texas did. It forced you into a legal process of which there was no foundation at law in which to make you be a part of that process.

Chris H  19:16  
So why is it that Texas decided to do this? Well, under family code, Texas law section 230 1.007. debt to the states in paragraph eight says a person obligated to pay child support in a case which the title for the agency does the attorney general's office is providing services on this chapter who does not pay the required support indebted to the state for the purposes of this section? So basically, child support is considered a debt to the state. So of course the question becomes, well show me proof of that debt. If there is such a debt and show that I signed or went into

Chris H  20:00  
contract with that, that that is a defense and it's a valid defense. So let's explore that even further.

Chris H  20:07  
So what did the state of Texas did now that you are in debt to the state as a result of child support, they hire what is call friend of the court. That is, again, Texas family code law, Chapter 202. And it says here, that a friend of the court is an attorney. Right? After the order of child support has been rendered by the court, they then assign an attorney who then can on its own motion, which means its own paperwork against the Father obligor that you owe child support.

Chris H  20:45  
And further down in the statute, it says, statute II, that the friend, the court shall represent only the court, not the mother of the child, or the custodial parent. Wait a minute. So the attorney that is in court with you does not represent the mother of the child? No, not according to this appointment. They represent the court

Chris H  21:14  
will that's the case, who is the plaintiff.

Chris H  21:22  
So I've highlighted section 202. Here to show that how they're able to you summons you record is by the use of this attorney who is friends of court to execute what is called the order of child support.

Chris H  21:52  
Let's look at the definition for friends of the court.

Chris H  21:58  
Friends of the court, as defined by the Supreme Court is called Abacus curae. It literally means friends. It's someone who's not a party to the case, and may or may not have been solicited by the parties. And that is neither mom, Father, or mother has to bring a friend of the course. And who's assist the court in offering information expertise and filing of paperwork, the decision whether to consider the the friend of the course, rests with the sole discretion of the court. Well, here's a follow up question. Right? Can the friend of a court make orders of the case? The answer is on the Supreme Court definition? No, the judge does not have to follow the friend of the court. Again, voluntary. So here we are.

Chris H  22:50  
You have the quasi judge or whoever sitting there in a black robe. You as a defendant, you have a friend of the court hired by the attorney general who may not be summoned by the parties. And mom, and the point if

Chris H  23:11  
it's our contention that mom is not the plaintiff.

Chris H  23:17  
So what if mom was receiving benefits from public assistance? In this section, family code again, 231 305. It says a memorandum of understanding on child support for children who are receiving public assistance.

Chris H  23:35  
Right. It's a memorandum of understanding. And it says that the title for the agency can change this memorandum of understanding on 11 years. Now, this requires that the person collects information on who the obligor is, obviously, they're trying to label the father as the obligor. And in Section B, it says they must provide accurate information. In this statute, there is no requirement for a mother who's receiving benefits to provide the name of the father of her offspring, nowhere in the statute, likewise, if the mother is not receiving Bennett benefits, then she's not obligated to provide the details of who the father is of her offspring.

Chris H  24:26  
So what is mom or the mother who is mother with the in the tribunal of the child support? Well, we found this on their family code 230 1.308. It's called public identification of certain obligor. And what it says is that the title for the agency can seek information from the public or private for for fathers who have Child Support orders, and they will do this by separating the state into six

Chris H  25:00  
regions. Look at, look at section B, it says a title for the agency may not disclose information under this section, that is by law required to remain confidential. So basically while they do solicit information from the public regarding Albacore from anyone,

Chris H  25:18  
they do have to keep it private.

Chris H  25:20  
Look closely at 230 1.309, which is on the screen here it says, reward for information and look at section See, the rewards are paid out of the child support retain collections account.

Chris H  25:36  
In a it says the agency may offer reward to an individual who provides information to the agency that leads to the collection of support, owned by the other bore who was delinquent in payment. So based on this statue, it is our opinion that the mother is an informant.

Chris H  25:58  
Why is that important? The mother of the child or alleged child or whomever did not bring you into court? Not according to the statute. In fact, mom is not a party to this mom is only an informant that provides information which is voluntary again. So you are in court for what reason? The friend of the court brought you in the friend of the court is not a party to the case. Again, we asked a question, Who is the plaintiff?

Chris H  26:36  
We've said on this channel over and over again, that the case law blessing versus Freestone clearly states that the mother, or custodial parent and the child is not included as rights for the Child Support Program. In this case, stick Texas That is true. Mom is the informant within Texas law.

Chris H  27:04  
She's not a party to the case.

Chris H  27:08  
So let's look at it further and blessings. Right. In the blessing case, they only looked at the program itself. Right in terms of violation. Now one would say all the independent workers to nine workers, why don't you file a class action lawsuit against the title for the agency? Well, in our opinion, in our research, we found that a class action status will not work and we bring your attention to what Nita liro versus New Jersey human resources. We found that the class action status didn't work in that situation, again, using blessing versus Freestone and asserting 1983 rights.

Chris H  27:53  
Belle versus hood.

Chris H  27:56  
The question is very simple. If there is a violation of a federal statute, what action can you bring? Well, under Bell vs. Hood, is that if the violation exists, even if there are no remedies that the courts are responsible for writing are wrong, and it is not considered under 11th. amendment immunity. The state always says they have 11th amendment immunity against anyone who files a case against them. Well, not true under Bell vs. Hood, a constitutional violation there are no protection.

Chris H  28:37  
So how are you able to be a part of the Child Support Program? If you are a 1099? worker?

Chris H  28:46  
We feel under family code 158 point 011 you voluntarily entered the program. Which means if you voluntarily enter the program, you theoretically could voluntarily exit the program. So why do we say that? Well, there is nothing in the statute from the federal level that says the 1099 workers should be involved in the Child Support Program. Even though the state wrote a state law, it does not change the status of a 10 nine my worker because that delegation of authority belongs to the IRS. So the only other way that we feel our research that you are involved in the childhood program is under this section where it says you volunteer acknowledged to be a part of it. So some of you out there may ask, Is this the acknowledgement of paternity form? Well, it could be Could it be another form? Yes, the opportunities exist for another form. either case, this is the only statute I think that could trap or in trap a 10 nine worker for being in love in a program.

Chris H  29:59  
So this brings

Chris H  30:01  
To our call to action, where remedies for you in part three, to escape the program.

Chris H  30:10  
We've now discovered that the 1099 provision under Congress was never intended for the Child Support Program. And there is no state law that could change that status as a result of the supremacy clause. However, many states are implemented squoval voluntarily enrolled in the Child Support Program. But then here's the question that some of you may ask, Well, I didn't sign any form, or they forced me to sign for whatever it is, this is the only statute I feel that keeps you into the program. And since it says it's voluntary, and I feel that you can voluntary Leave it. In addition, we ask you to review the Justice Department letter, as well as the CO l form. Again, I talked about zero form a lot. But to me, in this case, clo form is one of those that could, again, question the program. Next, if you are a worker that's independent, or 1099, you can start your separation process. We now discuss that it has nothing to do with the mother or the custodial parent or the child, because the mother is nothing more than an informant under the statute. And even if the mother is getting benefits, they're still classified as an informant. So the questions we're going to ask is, who is the plaintiff?

Chris H  31:40  
our opinion, the plaintiff, is the state of Texas, the question becomes on a jurisdictional law. How did the state of Texas become the plaintiffs

Chris H  31:54  
in a private matter, within the family law,

Chris H  31:58  
not by statute,

Chris H  32:01  
not by the supremacy clause? How did that happen? And so therefore, your challenge is not mom, not the child. But how did you get into this case, when there is no authority for you to be a part of it?

Chris H  32:18  
Now, it doesn't matter whose paperwork you use, whether you download

Chris H  32:23  
a template, or you purchase a template from someone or someone gives you or you go out into the dark web and get a template,

Chris H  32:31  
your paperwork must reflect the condition within the state of Texas. And that is

Chris H  32:37  
a plaintive is charging you with child support. And the question is, how is that possible?

Chris H  32:46  
If you have any questions, please feel free to reach out to us. As always, you can email us and I do apologize that my email box is sometimes full. And I may not get around to some emails, but eventually I will

Chris H  33:00  
respond to you next, please like and subscribe to the channel and hit the notification bell. We also ask for a small donation to help us in our research. Here in this in this video, we specifically point you to the case law in which you could use in which to leave the program or at least challenge the program right now you don't have to do it next week, next month, you can do that right now with the proper paperwork. And for that, you know, we asked for a $25 gift or any gift. And this helps us to you know, bring the appropriate relevant material for you to escape the Child Support Program.

Chris H  33:43  
So here we are at the end, and thank you for listening. And there are some other suggestions on this page within the Child Support Program and thanks again.