Season 3 - Episode 8 - VIRGINIA Changed The 1099 Workers Law To Force Control

1099 Virginia Independent Workers Cannot Be Forced To Pay Child Support

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Introduction:

Chris H  0:04  
Welcome, today's session, we will review the 1099 program for independent workers within the state of Virginia. In Virginia, they passed a new law called Senate Bill 429. It was placed on the floor of the Senate and House on January 8 2020. And it became effective July 2020 of this year. Now, there are some unique opportunities which to use this bill to escape the Child Support Program. As you know, on January 19 2017, the president united states signed an executive order and says that 10 nine nine workers are not included within the Child Support Program. But in Virginia, they've decided that they're going to implement this law. And let's see how we could use this to escape child support. Hello, my name is Chris. 

And in this session, we will look at the Senate Bill 429. And when it became active in July 2020, how you can use it to protect yourself from child support. Here we are with our non lawyer Maxim and that is, I'm going to review this bill in terms of first amendment right which is I I can review the laws of this bill. But here's something else. There's an ancient Maxim of law that goes into Ronchi, a juris non accuser x account x account, or ignore racial legends, naming execute, which basically means ignorance of the law excuses, not an ignorance of the law. 

Excuses, no one. In layman's terms, what it means is that if you don't know about this bill, that does not mean that it's not available to you. Or, if you don't know this bill, it doesn't mean that you can't use it to escape child support. And this also relates to judges and attorneys. So this is our call to action. At the end of the session, I'll review the bill and see what are the advantages we could use to escape the Child Support Program. 

So here are the child support recoupment, as it relates to Virginia, on average, since 2015, to the current law, the current calculation that Virginia collects about $600 million from men on child support a few women as well as been consistent for the last five years. Also, they, the state of Virginia, has 8.5 million people, and about 30,000 of the men have signed or have agreed to the acknowledgement of paternity. So here is the 1099 law. That is, if you're an independent contractor, as determined by the Internal Revenue Service, Chapter 24. You are not within the jurisdiction of child support. However, SB 49 is saying different that you are included further, in this Internal Revenue Service, section 530. 

It says, treat all workers in similar position the same that is you cannot change the status of a 1099 worker as defined by the Internal Revenue Service. So let's see how this bill affects those workers. We have a video call no your rights. I suggest that you review that video. So here we are with a special notice. On January of this year 2020. They published that this bill, Senate Bill 429 will become law July 1, and it was introduced by Senator Scott circleville of Fairfax. And it says here in the lawyers weekly that it is a loophole in the payment of child support. And their goal is to close this loophole. Yes, it is a loophole. I've done several videos on a 1099 program for different state. However, I've done New Jersey jersey

Chris H  4:52  
similar to what Virginia has implemented. And again, I suggest reviewing that video. So understand this that this is Here's a loophole. By the way, this particular weekly call the lawyers weekly, the subscription to this is about $40 every four weeks, it's 3999. That means the only reason why you would have this publication is if you're in the legal field, or in a law firm, which means you may not have seen this particular article to alert you that there's a bill coming. 

Now remember, earlier I said, ignorance of the law is not a defense? Well, if there's a judge, on your case, in your attend nine, a worker, and that judge says they are not aware of the law, I find that very difficult to believe them. Why? Because it was published in their own professional journal. That means either they knew about the change that were apparent, or their colleagues must have known about it. So therefore. So judges and lawyers, they cannot say they're in weren't aware of this change in the law. So let's look closely at the bill. As we said, he was introduced in January of 2020. And it passed April 6 2020. 

In a few months, they passed this bill. Now, if you recall, what was going on during April of 2020, will of course COVID-19 took over the globe. At the same time, I produced a video call strategies for the pandemic. And inside that, inside that video, I gave you some tips and tricks for you to get away from child support. So in the middle of COVID environment, your senators within the state of Virginia decides to pass this law. Also, what's happened the same time this the United States Senate was hesitating as to whether to issue a stimulus bill. 

So again, I'm saying that within Virginia, the most important thing for them was to pass this law, as opposed to determine whether or not you should get a stimulus bill, I guess, what's the focus? So let's deep dive further into the Senate Bill. If you notice, in paragraph two, it says that on September 1, is when they start the process for collecting information on independent workers. But here's a key note in paragraph three, it says nothing in this act shall be construed to define or redefine independent contractors. Why is that important? Remember, we talked about that? The President's letter says you should not include 1099 within the Child Support Program. While they're being very careful in this bill. 

They understand that they're not circumventing the independent contractors definition, which of course, is owned and controlled by the Internal Revenue Service, the IRS, so they're very, very careful. And they further further on in paragraph three, it says this relates specifically to court ordered support. So here we are at the supremacy clause. Again, I point out why they were so careful in the bill, because why the supremacy clause when knighted states says very clearly, no state can create a law that does what they usurp or negate a federal statute or law. 

The executive letter from the President is the superior controlling law or statute. So here is my opinion. I've researched this for a while and I've done several videos on 1099. So since October 1984, the Office of Child Support Enforcement has developed a program labeled Project 1099. That's a project in which they're asking all the states, as well as with the IRS to determine as well as identify independent workers to be included in their program. Well, over the years, that cooperation between the Child Support Agency and the Internal Revenue Service has been on successful why because the attempt was to change the classification of 10, nine and workers. So in essence, since 1984, this has all been about the money. They don't have access to the independent workers, and you're trying very hard to do this. And this, Senate Bill 429 has come very close to doing that.

Chris H  9:56  
So whether you believed any of the videos I've produced Regarding 1099 for the different states such as New York, California, New Jersey, I've spoken to some of you gentlemen who don't believe me that this is a loophole while here in Virginia, in their own professional publication, the lawyers weekly, they specifically say it is it Lupo. So whether you take my word for it or not, that's irrelevant. So let's look at the 1099. contractor program. So either you take the red, or the blue pill, which is a famous line from a very famous movie, which is what is reality and what is not. Or you drink the Kool Aid, where the judge tells you that, oh, there is no such law, that 10 nine, nine is included in status. 

Now, if there is no such law, why would Virginia made it a point to open the bill in January, and then pass it a few months later, in the middle of a pandemic? Now, some of you may say, Hey, this is our opportunity, let's just download the bill, and then run to the courts and wave it in the faces of child support, hey, you have no jurisdiction over me, the new law said, so let's just do this. Well, not that fast. You can't simply do that. In fact, they're already anticipating that you may want to do that, which is basically show up at the clerk's desk, and show them the law and say, Hey, I'm excluded. Close my case. That's it, it's over with? Well, it's not going to be that simple. So here we are, as our call to action page, regarding this bill, and 10, nine, nine. 

So if you are going to take advantage of this, and I'm suggesting that you all do is you have to file the appropriate paperwork, you cannot run down to the child support office, you cannot call them and say, Hey, this is the bill, you guys need to believe me and start yelling and screaming, that is not going to work. Second, you're going to have to challenge the authority of both the courts, the judges, and child support, that, indeed, you have an opportunity to take advantage of this bill. Then there's another side to it. That is if you're represented by an attorney, or a court appointed attorney, what what information do you need to give them in order to convince him that this exists? Yes, again, you can waive the bill in their faces. But there's a specific strategy for that. 

And this is a conversation that reach out to us, call us talk to us about how to manage. If you have a quarter point attorney, or your own private attorney, that's a specific strategy that has to be used. And next, use this loophole. Take advantage of it. And this applies to all 50 states is just that in this session, I showed you how Virginia has sort of craftily worked their way around the program, not to change the IRS classification. So this brings us to our end of the Virginia status on 1099. There's some other videos we ask that you look look at on our channel. But please, if you are a 1099 worker reach out to us, let us know that you want to take advantage of this loophole