Season 3 - Episode 9 - GEORGIA Unconstitutional. Protect Yourself As A Full Time Employee or 1099 Worker.

GEORGIA UNCONSTITUTIONAL. Protect Yourself As A Full Time Employee or 1099 Worker.
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Introduction:
Chris H  0:03  
Georgia, Georgia. In this session, we will review the child support program in the state of Georgia. We will review the full time worker policies and procedures as well as the independent contractors. And we will show and point out some of the unconstitutional practices. Let's get started. The Child Support Program under Georgia is found on what is called a title 19 domestic relations. And that is in chapter six for alimony and child support. 

There have been using the 2010 procedures and policies and they've updated and we will look at some of those updates, but it's in effect in 2020. For this session, we're going to reviews the child support program specifically from the employer perspective, we're going to show how the employees are profiting off of this program. In other videos demonstrate how to state you're making money. 

But in this session, we're going to focus on the employer. Now, Georgia is ranked number 10. In terms of child support collections, we produced a video called the five states cashing in on their payments. And you can review that video. So number six is Michigan. Number seven is Pennsylvania. Number eight is New Jersey, number nine is Illinois. There's a special note in the state of Virginia, they passed a new law that says independent contractors are now included within the Child Support Program. As you know they're not and we review that to see whether 

Georgia has attempted to implement that we produced a video on that please review this on this channel, as well as New Jersey went ahead and did the same thing. And we also did a video on that. That to Hello, my name is Chris. And in this session, we are reviewing the state of Georgia that a child support program and to demonstrate how it violates your rights. If you are new, please feel free to subscribe to our channel for future videos. This is our section called our non lawyer Maxim we're in as we will review the state statute and we cannot be accused of practicing law. 

As it says here. practicing law cannot be licensed by any state. Nor can litigants who need assistance also cannot be charged with practicing for that license. There's a section in the video at the end call call to action, where we will summarize and provides tips and strategies for you to escape the Child Support Program. Let's look at the what is called a wage garnishment which is 45 CFR 32 within the state of Georgia. So since 2015 to 2019, Georgia has as a call collected about $700 million on a screen here, which is not to scale. They've been consistent. In 2019. It's about 700 million in 2018. About wrote relatively the same 700,000,017 through 15. Drops slightly. But again, they're collecting somewhere within the $700 million dollar range. In a 2010 census, Georgia had about 4 million US residents. 

And the Child Support Agency was able to sign 45 45,000 men was called the acknowledgement of paternity. I mentioned that in many videos and for those of you who are not familiar with the Child Support Program, acknowledging paternity is one of the key avenues in which men are enrolled in a program. And that is found under the statute 45 CFR 264 point three zero. And as the first paragraph says the state agency must refer all appropriate individuals in the family of a child for whom paternity has not yet been established, or for whom child support order needs to be established. Well who are those people? single men,

Chris H  4:55  
but it is our position here is that this statute affects all men in the States. All men are enrolled in a child's for child support program, we have another video called defend my rights on this channel, please review that so you understand your rights under this program. So let's look at now the policies and procedures for the state of Georgia. 

Here is as it says, Georgia uses 45 CFR parts 200 to 499, as well as title 19 of the Georgia code, which I pointed out earlier. In addition, they use what is called administrative court and judicial proceedings. So it's a combination of the two. Also, the Department of Human Services of Office of Child Support administers the Child Support Program, with state staff, as well as cooperative agreements or contracts. They provide different services. Again, this is a service business. So they'll do things like you know, collect the money from from from fathers, but they'll also suspend your license, seize your bank account, seize your federal tax, all of this, they consider part of the services within the state of Georgia. 

Under the enforcement rules, as you know, implemented by the Federal and is passed through to the States, I've put together what is called a self study cheat sheet. And that is if you want to understand the enforcement program for child support from the federal level, as well as how it's modified at the state level, you would use statute 45 CFR Part 303. And inside part 303, you're bought at 108 different components to it in I've highlighted the 15 to 20 that are very important, especially what is called 303, point five to two pass through incentive to political subdivisions. 

What are those, the pastor incentives, and those incentives given to other agencies for their participation in the Child Support Program, such as the Department of Motor Vehicles, they've they, they are part of that program. So let's look at some of the other changes to the Georgia plan. As I said, they're still using their 2010 guidelines, and they've updated since then. So one of the key things I found was, they no longer use minimum wage to impute income for unemployed or underemployed parents. That is, they no longer use what's called the minimum. Here on the screen, it says $7.25 an hour. It's a little bit higher than that. But they used to do that calculation. Well, they no longer do that, what they now do, as of July one 2018, to the current they take, each specific situation includes your assets, your employment, your earning history, your job skill, your literacy, they will look at your criminal record as well. So they will use those in order to determine what your imputed income is for child support. Another change in the statute is they no longer impute income. 

If you're incarcerated. Yes, in the state of Georgia, if you're in cartus, incarcerated, your child support payments did not suspend. It continued. So many of the men after serving their time in, you know, in lockup, they had a huge Child Support bill that they had to pay. So let's look closely at the employer side of this, as I said, we're going to focus on the employer side to see their involvement within the state of Georgia. In other videos, I said that the Office of Child Support Enforcement has signed a multi million dollar deal, which serves as companies and payroll companies such that they could fast track the collection of income withholding, and that was done at the end of 2018. And the value of that contract is approximately $24 billion.

Chris H  9:31  
Let's look at the law. As regards to the employer in the state of Georgia. In the under Georgia law. If a father is working in order to establish what is called income withholding, the employer charges an administrative fee of $25 initially to open the account. Again, it's an account then they charge a $3 deduction from each Come with one that they send to the agency. So that totals like between $108.02 $116 that is being charged as administrative fee. Also, there is interest on that is also being charged by the Children's Services. as well. 

For example, as of January 1 2007, the rates are as high as 7%. And I believe it is still 7%. In effect this year, in addition to that your employer charges what is called a processing fee between $1.50 or 5%, whichever is less on, they call that the cost of doing business in order to make this program work. Now, if you're an employee, a full time employee, and these are the charges that you're facing upon your income withholding reminder that the employer can deduct up to 60% of your salary towards child support, they also add these additional fees on top of that. 

So you may say that you're outraged at this. And if you have any questions or comments, please give us a low below regarding this. But here's here's the issue, right? Child Support is nothing more than a commercial transaction. In the decision of us versus sage, the Supreme Court says which comes out of second circuit, that child support agreements are nothing more than interstate contracts, and rejects the idea that these payments are somehow special. Are they different? That's not what the Supreme Court found. It's just another business. So all these fees, while you may disagree with them, it is part of Interstate contract again, commercial contract. 

Here, see a 42 USC 658. A, these are called incentive payments. So the federal government put forward incentive payments for the states to be involved in a child support program. And we covered this in other videos. But this is what we call the sweetener, you know, to encourage states to be enrolled within the charlo for the title for the Child Support Program. Let's look at the law further for Georgia. One of the sections as a continuing duty in the state of Georgia, Georgia, they force employers to be involved in the Child Support Program, as well as of course, you know, compensate them for it. But if you were to challenge as an employee, they are to continue to deduct the income withholding until there's a change from the court or the administrative agency. And I'm pointing this out your child's what income withholding may not have come from the court. It could come from an administrative process. And that's a problem. 

Because a writ of garnishment is a court process. Next, if your work or full time work, and you're challenging your employer, to you know why this income holding it's not true or you're challenging it? What if the employer discharges you want the state of Georgia, they're saying that the maximum penalty for employer to do that is $250 for the first violation and $500 for subsequent violation may be imposed. And in Georgia, it is may be imposed. Right? That is a problem. And let's look further into that. Income withholding is another name for what is called wage garnishment. And that is found under 45 CFR section 32. Section 32.4 is called debtors rights, you have a right to challenge an income withholding order. Or to say it another way, a writ of garnishment 32.6 are the holding requirements for that. Again, these are your rights.

Chris H  14:32  
Here on the screen. It says that income withholding wage garnishment is nothing more than a creditor agency. So your employer is acting as a creditor agency, and that's the guidelines that they are following. So the issue that it's only 250 or 500. Well, that's not true. Here's another law that protects employees and it's the employer liability That is 31 USC 3720. d is in David for garnishment. Here's a liability for the employer, an employer may not discharge from employment or refuse to employ or take disciplinary action against an individual who questions or challenges the income withholding order or garnishment. 

And that employee can actually sue the employer in either state or federal court, again, either state or federal court. And why's that, because you can charge your employer under what is called color of law, which can be again brought as a lawsuit in either state level or federal level. Next, there are court fees beyond the 250 or the 500, that the state of Georgia claims, that is that is a maximum, as well as you could be reinstated if you were to win the suit. And you could be awarded damages from a jury against the employer, the employer, these are the remedies remedies under 31 USC 3720 D. 

Now, the state of Georgia doesn't tell the employer that so they leave them out there thinking Oh, 250 is the maximum for firing someone. Think again. And if I were General Counsel, which I'm not for an employer, I would review this section very carefully to see what the liabilities are for that, for that employer. Remember, child support is voluntary. It is not mandatory, it is voluntary. So this brings us to my opinion, the entire process for income withholding is all about the money. As the Supreme Court says us versus sage, child support is nothing more than any other commercial transaction, it follows all the same guidelines, and all the fields, while you may disagree with them. There, okay. So now let's look at the section for we called non work non permanent workers or independent contract workers is an A law what's called axiom or maximum of law call? ignorance of the law excuse is not an ignorance of the law excuses. 

No one. And the reason why I'm saying that include judges, in a recent case, case, state vs. Miller, that was decided in 2017. It says, you cannot use ignorance of the law as a defense. And so as we go through the 1099 program for Georgia, let's use that as our criteria. It applies to judges and attorneys. In 2000, January 2017, the president united states signed Executive Order that says 1099 workers are not included within the Child Support Program. They're not included. The 10 nine nine Worker Program is defined by the IRS, they're the ones that has the authority to define not the state that mean not the state of Georgia can define that. So let's look at the 1099 program within the state of Georgia for independent contractors. 

So on here, I have do independent contractors 10, nine, nine workers have to report to the child support. That answer is no. As it reads here, independent contractors are not included in the reporting for child support within the state of Georgia. And it goes on to here it says any question regarding that guideline, please contact the Internal Revenue Service. So unlike Virginia, online, New Jersey, Georgia has not implemented or has attempted to change the 10 nine nine status, which is very good news for all of you within this category.

Chris H  19:34  
So here's the dilemma. And here's the question. So there is a line from a famous movie called red pill blue pill, if you're represented by counsel or an attorney because you're either 1099 or small business, and your attorney convinced you that in the state of Georgia 1099 independent workers are including the law? Well, you have a decision to make. Do you take the red pill? Or the blue pill? Do you take reality? Or you take their word for it? Right? As I pointed out in this presentation, there is no such law. So to me, there's a problem here with your own attorney. That's her jeopardy. Remember, ignorance of the law is not a defense.

 Likewise, if you're before a judge or magistrate, and that magic tells you it is law in Georgia, and basically he or she wants you to drink the Kool Aid, that this is true. Well, again, this is entirely up to you. But there's nothing in the statute that says you're part of the program. So now that you know this information for for independent contractors, do you just run down, you know, if you were duped or convinced or cheated into joining the program, can you just run down to the front desk of the court or child support or call them up and yell and scream, I'm not supposed to be in the program, not so fast. 

There are paperwork that needs to be filed in order to demonstrate that you're no longer in the program. So you cannot just run down to the office. So here's one of the things that you want to include in your paperwork, if you're challenging the state on the 1099 process. It's called aggravated identity theft. And it's code 1028 A, which is a federal rule. 

And basically what it's saying that since you are not to nine is not included in child support program for the state of Georgia. If they pass your information on to the child support, you can bring a lawsuit against them on the aggravated identity theft. Again, it is a crime, it is actually a felony, and it's subject to two years in prison. Likewise, it is considered fraud, fraud on the court fraud on the citizen. Again, this is a protection and the case law to us as United States of America, versus nerado, which was decided in 2016 are the Second Circuit. 

The next suggestion is to include 22 USC 7102. And that is what is called an abuse of legal process. Yes, if they force you into the Child Support Program, it's an abuse of the legal process process. And again, subject to a lawsuit, either at the state level, or the federal level. So that's another remedy for for independent workers and 10, nine, nine workers. So here we are of the call to action screen. 

So we reviewed both the full time employee and independent contractors, your employer is making, maybe not a lot, you don't say $200 $250 is a lot for fees, but they charge you fees. And you can challenge them. And as you now discovered, even though the state of Georgia says the maximum fine is between 250 to 500. That is not true. The actual firing could skyrocket. So if you feel somehow your employer's retaliating against you, because you question income withholding, you have a remedy. 

Second, if you're an independent contractor, which you're not included in the Child Support Program, and if you were or your attorney, or counsel convinced you that it was you have a remedy, both from the legal counsel standpoint, and again, call us for strategies on that, but also to challenge the judge who wants you to drink the kool aid on that. Okay, and it is our opinion, you have an opportunity to get out of the Child Support Program, work at it. Get out if you're an independent contractor. 

Get out. Why are you Why are you staying in the program? Remember, they have enforcement tools, such as incarceration, your driver's license, you know, they revoke your passport? Why would you want to be in the program when you don't have to? So this brings us to the end of this presentation. Again, if you agree or disagree with any of our research or finding, please

Chris H  24:32  
send us an email at Chris H 289 at protonmail.com. In addition, we ask that you like and subscribe, both at our YouTube channels, as well as all the other platforms that we have our presence, because our goal is to provide information to everyone. And also don't forget to press the notification bell. In addition, we're asking for a donation to help us with our research and work the We do to bring this information to you. Our videos are free, but we do ask for a $25 gift or any amount that you choose. 

We welcome that. But the idea is that we've done the research for you. This is a 10 minute video that breaks down your constitutional right both under full time employment, as well as the guideline. So this is the end of our presentation. We want to thank you for joining us and please review other videos on the screen. And thanks Have a good day.

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