Season1- Episode 1 - 5 Lawsuits Against Child Support (You Can Win)

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In today's session, we will discuss

Chris H  0:11  
the five lawsuits that you could file against the Child Support Agency or any government agency. Our research starts with the Department of Justice letter that was issued in March 2016, where there were many civil rights complaint to the Department of Justice.

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Let's get started.

Chris H  0:34  
Hello, my name is Chris. And on this channel we provide education on the Child Support Agency, its statutes and codes, and how it comes into conflict with your rights.

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In this case, your civil rights.

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on our channel, we provide education on

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law legal, as well as we discussed case laws, substantive practice statutes and regulations. They also provide information on templates such as summons, complaints, motions.

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To begin,

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let's start off with the Department of Justice letter in 2016. The DOJ put out a nine page letter that talks about the civil rights and how it comes into conflict with the functions of the government from both the administration as well as family court, and other areas of the justice system. In the letter on page three, they highlighted that this letter must be given to everyone included judges, so that they could perform their duties

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effectively and lawfully.

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If you'd like to include this letter, in your case, we will use the rules of a court notice As judicial notice, and at the end of the session, a call to action will walk you through step by step of preparing a judicial notice for your case.

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Now, let's talk

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about a few things before we begin. In this session, we're going to talk about a lot of court cases and we're going to reference a lot of court cases, but from time to time, we get the message that we and this channel are practicing law. So let's talk about that for a second. A non lawyer Maxim. In the case of NAACP vs button, it clearly says that a competent non lawyer can assist members of a group and not be charged with unauthorized practice of law.

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In the Murdock case,

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it says no state shall convert the Liberty into a license in charge of fee. That is the education that we provide them. This channel, we can't be forced or charged

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with violating any statute or laws.

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Furthermore, in the case of shear versus Board of examiners, the practice of law cannot be licensed by any state, as well as in Sims, the practice of law is an occupation of common right. And what is that common right? I have a common right to study the laws, I have a common right to interpret those laws. And I also have a common right to show or teach those laws. In brotherhood of treatment, a litigant can be assisted by an unlicensed layman in a judicial process, that is information that we provide here. If someone or an individual wants to use that to assist someone else, they are perfectly capable to do so and the courts allow it. And finally, you cannot be sentenced for exercising You're free speech, which is the free speech and knowledge of the law.

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Okay, so,

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in order to sue an agency, you feel what is called most likely under Title 18 USC section 242, where it says that anyone operating under state law or say the color of law can be sued. On this channel, we have a video called defending my rights. You can listen to that video and we provide more detail on the title 18 program. jurisdiction and venue. You can bring a lawsuit in either state or federal court under Title 42. And you can start it in federal court and move it to state court or you could start in state court and then progress that through federal court Now let's take this case of Haywood versus drown.

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This

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is a special case wherein as New York decided to,

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to put pass a law to put

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correctional officers in a special category to deal with the lawsuits that were that were being filed against these workers. Well, Justice Stevens from the United States Supreme Court struck it down and says, you cannot create the legislators cannot create a new group or class of people and then shut the door to any federal claims. That is, if you decide to file your title 42 in state court, you can quote this case and it says you are not prohibited from doing so and that's the reality check. Now, this is another case Bell vs. Hood. This is where when you bring an action or lawsuit against the state, they also Always claim 11th amendment immunity. Well, in this case it says the 11th amendment does not apply for cases involve of constitutional violation. And the first test should start with this. First of all, we need to determine whether or not a violation has occurred.

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That's the rule.

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And if a violation has occurred, whether or not the federal courts decided to take jurisdiction, or to state good side jurisdiction is a secondary matter. That's true, and the fact is a violation of any constitutional right can be brought before the court.

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They further concluded that

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as long as you can identify the wrong that was committed,

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then the federal courts

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or any court must provide what is called an available remedy to right the wrong that is very simply, a constitutional violation cannot go unchecked. And in this case, the fourth and the fifth amendment protects that due process rights,

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because your liberty is important.

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Supreme Court also says that a decision in one state as settled can be used in another state under the under what's called ableman versus booth or Khalid versus rose. And what we're saying is there's no reason to re litigate. And if a situation if it's already settled, and as we go through these lawsuits, we're going to talk on different cases that were won in different states, and so that you understand it can be applied to your child support case. And as always, the Supreme Court says if you decide to file an action or a lawsuit, pro se or proper, that it is welcomed by the courts, as long as you abide by the rules.

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of the different courts.

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So let's begin. So, when we read the Department of Justice letter, and we analyzed it and look at the research, we discovered there were at least five lawsuits that will come from this letter. The first one is for the Department of Motor Vehicle. Under Child Support rules, they will suspend your license under Section 22 CFR 5170. But also other section as well. And what that states is, they will restrict suspend or revoke your license for lack of payment.

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Well, under Title 42, and

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also specified

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in the DOJ letter, well, the failure to pay

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is not a reason for taking your license

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and the case is Bell vs versa. What they're saying is You cannot pay and therefore you should lose your livelihood as a result of non payment. And we will take a look at a case called carbon dollars versus Department of Motor vehicle that was decided in 2019. In this case, I consider this that the quintessential case for lawsuit against department motor vehicles. Obviously, other people have filed case against Carmel vehicle but this particular one is really rings through the judge in this case,

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Judge Jacobson

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wrote her decision in 187 page opinion in New Jersey, and it was decided in January of 2019, where she clearly states that the automatic suspension of driver's license privilege violates due process and the fundamental rights of fairness and the reason is when they exist In the program, it was targeting low income parents or parents who either fall behind or lost their jobs or more susceptible to what goes on, you know in their lives. And the judge says that is not a reason to remove their license. And so in the ruling, she asked that the legislators modify the

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law to change that or

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a lawsuit or a class action lawsuit could be filed against Department of Motor Vehicle. Because what they found in their research, over 20,000 people per year, were losing their license in New Jersey. And in order to get your license back, you pay anywhere between $100 to $500. To get your license back.

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Here's a challenge.

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If you already had issues with paying child support, you will also have an issue with paying to get your license back in addition to if you don't have Have you licensed to go to work, then you can't pay. So I consider this case docket number me r l 1004 dash 15 as the quintessential lawsuit against department motor vehicle for any state. And the good thing about this particular case is that all the documents are public. You can download them, you can review them, and you could just add your information into that case, and you have a template a true template in which to operate. Next, support magistrate or quasi judges in New York, New York codes and regulations. 2,005.32 provides a description of the hiring of support magistrate they're hired by the Chief administrator for three years, and they must be the attorneys and they must be knowledgeable on family court procedures. And they're hired as a Non judicial employee. Well, here's also the fact that they removed that they're not Certified Public Accountants, and they're not licensed tax preparers, and they're not licensed brokers, and they're definitely not licensed advisor, financial advisors. So here's the question, how are they able to operate in their capacity to decide what your finances are when they have no authority in which to make that determination? They are attorneys. They are not financial advisors. In fact, a public accountant in his regular course

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of duty

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is not practicing law.

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An accountant or a tax preparer or bookkeeper, none of those are practice law, but it's perfectly okay for a support magistrate to practice their, their profession and then asked for immunity. Well, here's where the issue comes in the left The amendment cannot protect a support magistrate from a lawsuit. In fact, if they decide to present false information in my lawsuit, this is what happened, Mr. janeski. Doc doctored the report. In other words, he removed information because he has every incentive to ensure that the maximum child support was collected, therefore lead to avoid judgment. So, you also can file your case. In fact, my opinion,

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every Support Manager

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across all 50 states can be sued under this provision, because they are not financial advisors. They are attorneys, and the case law is all inversive city of independence, or ex parte young,

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which clearly states

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you violated the fairness rule, which is you provide false evidence You're operating outside your your your capacity as an advanced visor and therefore you are harmed by such matters.

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Next are police officers, sheriff's wardens. As you know, the child support enforcement agency under Title 42, section 666. They hire law enforcement's well, law enforcement, if they violate your civil rights can be sued under Section 1990 1983 as well for liability. And one of the things that they could be sued for is what I call warrants. They issue these warrant warrantless arrest, where it had does not have a judge's signature on it, and it doesn't have what is called all the legal mechanism in which to execute that warrant. Then they arrive at your home and a rescue for a period of time. Well, the case laws, Payton's versus New York. It's a landmark case that clearly instead says that a warrantless arrest.

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You can prosecute for that. And of course,

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Monell versus Department of Motor Vehicle. The agency, which is a police department also can be held liable

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for the actions of their officers,

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social workers and healthcare workers. They also can be sued under Title 42. Challenge enforcement 45 CFR 75.2, which are a contract as it defines how the agency hires contractors.

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Well, a contractor cannot

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absolve themselves from violating

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a civil

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rights and it's defined in what is called a joint activity between a private party and a government agent. You could also extend that for conspiracy and the case is called dentists versus sparks, or Pennsylvania versus board directors. That is you can be a private company or a contract that can be held liable under Title 40. Title 42 for for conspiring with the agency because they get a benefit from working with the agency either in fees or services.

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Next year employer and

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other subcontractors 45 CFR 303 point 100. This is the income withholding from your employer. Your employer can be sued

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under this provision as well.

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The reason is the same as other contractors. They're working with the agency in order to take your property. Here's the other side of it. They're probably receiving a fee for that service and they need need to disclose or I believe they should disclose those fees to you and give you an opportunity to object. The case is lugar versus Edmondson. So you can file a private right? Again, you could also use conspiracy that your employer is involved with a Child Support Agency, therefore, taking your property. Now, this brings us to our section where we call call to action, where we give you information of what you can do, or make suggestions on what you can do in your case. So if you'd like to have the Department of Justice letter and denial of rights letter, in your case,

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you file what is called a judicial notice,

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and the definitions are here, but one of the tools I like or incident I like about the judicial notice is that it can be taken at any stage of a hearing, trial or proceedings. That is If tomorrow morning or a few days from now, you would like to include these documents into your case, you would use this procedure in order to accomplish that.

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So let's take a look at one of the samples of

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procedures. Now here

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is a sample called

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this one is targeted for the Court of Appeals the Second Circuit, and here's the cover page. In your case, if you'd like to follow this, you would use your cover page that will have your court your state, the plaintiff or defendant and you would have all that information, then you follow it up on the next page with what is called request for judicial notice. In other words, you're making a request before the court under Rules of Evidence 201. And the case that's often cited cited here is the bureau citizens and immigration. So you make that request and then in the request, you list exhibit eight Which is Department of Justice letter, and then Exhibit B would be your

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denial of rights letter.

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You further put in your documents called the support for the request for judicial notice.

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That is,

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you know, give the reasons why this should be entered into your court case. And again, the case that side is seeing versus Ashcroft. So this is another example I'll leave this leave the screen here so you could take a snapshot or freeze it but this is the sample. Then of course you conclude with you know, the information date and you also get it notarized and you serve all the other parties, and you have your certificate of service

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attached to this document as well.

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So in this document, you'd have your Exhibit A which is the Department of Justice letter, all nine pages, and Exhibit B, which is your denial of rights, under color of law fully completed and served to the parties. And that's it. So that if you were to prepare a judicial notice, and you include the Department of Justice letter, and the denial of rights letter. So this is the end of our presentation, I want to thank you for listening to us today. Again, as always, if you have any questions, please reach out an email to us. And we also ask for a free donation to help us to do more research and to select the appropriate and irrelevant information for your case. Thank you. On this page, we have two links in which for you to hear more information about denial of your rights.