Season 5 Episode 1 - Understanding Statutory Jurisdiction Part 1

 UNDERSTANDING Statutory   Jurisdiction Part 1 

Understanding Jurisdiction Part 1 for Child Support That Will Help to Win Your Case.

There are three requirements that a court must meet in order to hear any court case including child support. Without personal jurisdiction, a court will not have the power to adjudicate a Petitioner’s action against a Respondent for payment of support.


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Transcript

Understanding Statutory Jurisdiction 1 

Introduction:
Welcome. In this lesson, we will talk about understanding jurisdiction. We're going to be producing several videos on jurisdiction. It is the cornerstone of our legal system. There are three requirements the court must meet in order to hear any case, including child support. 

These support cases can begin the administrative agency or judicial court. For the sake of this presentation, let's consider both the administrative and judicial process as the court and the parties are petitioner and respondent. In article three courts, the parties are plaintiff and defendants doing this presentation. Squeeze we want to know the rules. What are the rules? And we're going to cover that in this presentation. Administrative or judicial requirements such that there are a few concepts that are as important as our nation's jurisprudence as that of jurisdiction. It is the power to hear and determine the subject matter in controversy between parties of a suit or a lawsuit to adjudicate or exercise any judicial power over these parties. 

It is important and fundamental that the prerequisite for a court to take an action against the party is that jurisdiction must be decided. That is, it must be raised at the time of the suit begins. Even if the case is over, it still can be raised by the respondent. And even if the parties who are contesting jurisdiction already acknowledge the court's jurisdiction, they can still raise it. What does that mean? Well, if your case has been going on for, let's say, two or three years, you can still raise the issue of jurisdiction. 

Now, many of these judges and commissioners and family court and child support will tell you, no, you can't. They are wrong. You can raise jurisdiction at any time. Heres the challenge. When you challenge a jurisdiction, it places upon any judge the duty to enforce statutory limitations as to the jurisdiction of the court and to dismiss any matter that is lacking in jurisdiction. And the case law is Rhode island versus Massachusetts, 37 US 67 and 1838, as well as Hagens versus Levine. 

That's 415 Us 520, 819 74. Now, many of you out there who are knowledgeable in the area of jurisdiction will say, well, if you file a special appearance or general appearance, you should be okay. Well, before we get to the filing of special or gender appearance, we still have to determine jurisdiction. Filing special appearance, that comes later. 

So what is jurisdiction of a court? Jurisdiction has three subject, which controls a type of claim before the court personal, which is adjudication over the person or the parties in the case, and territory, which is the geographical location, such as state, county, or district court. So let's look at the first requirement, and that is power over the person, either the respondent or the father or in the case of child support, the obligor. So this is the first requirement. Does the court have jurisdiction over the person? 

The second requirement is subject matter, that is, power over the claim or the lawsuit. The subject is order of support or order of modification, as well as establishment of paternity or DNA, genetic testing or even custody. Again, subject matter. The next and final category is called territory or geographic location of where the, the claim begins. That is, power over the county or where the family court case occurs. This is called venue. And venue can be the administrative agency or the judicial court. 

As you know, child support is a single and separate agency within the health and human services department. So your case can begin there or within a judicial court. So to review, there are three requirements for jurisdiction, subject matter, personal and territory, and all three must be present. That is, if the courts have personal but does not have subject matter, the case cannot proceed to adjudication. 

They could have territory, but don't have the subject matter or the personal in the case cannot move forward. So let's look at the first option. Personal jurisdiction. Personal jurisdiction says without personal jurisdiction, a court will not have the power to adjudicate a petitioner's claim against the respondent for whom can move for lack of personal jurisdiction.

 That falls under federal rules of civil procedures twelve b, two. Now, in the states, they have similar statute, but again, it amounts to the same thing. You can get your case dismissed for lack of personal jurisdiction. Now, how do we start the process to gain personal jurisdiction in the child support? It starts off with the statute, 45 CFR 264 30, where it says that the state agency, title iv, must refer all appropriate individuals in a family for whom paternity or support needs to be established. So this is the first step. So how do they go about doing this? Well, a small quiz. A short quiz. Service of process. Yes. 

They start what's called service of process under 45 CFR 303 101, called the expedited process. Now, in this statute, it says they use the long arm jurisdiction. Well, Chris, you didn't cover the long arm jurisdiction. What is that? We will. But first, they use the long arm jurisdiction. So how they start the process for discovering or locating a non custodial parent? They use sometimes the United States Postal Service, which is 45 CFR 303.3. So they do two things. 

They are looking for both the respondent, the father or the obligor, and your employer. Now, many of you who receive this request to be, many men who receive this request for child support will sometimes want to refuse the mail or return the mail back to the agency or to the court. We did a video on this and whether or not this is a good strategy, please feel free to review this because this goes to establishing personal jurisdiction. Hello, my name is Chris, and in this session we're reviewing the fundamentals for jurisdiction. If you are challenging the child support agency, you must understand the requirements for jurisdiction as well as the foundation for the challenge so that you can escape the program. 

As always, you can get our information on your favorite podcasts, Apple, Amazon, as well as Spotify. Also, we ask for a donation. We bring you these research that we do, extensive research so that you can escape the child support. We ask for a dollar 25 gift, but we will take any amount. For example, if you want to hit us up on cash app for $5, please feel free to do so. You can also reach us on Facebook, Instagram, and Twitter. So let's start off with the first jurisdiction, which is personal jurisdiction. Here are the three categories. Personam jurisdiction. 

That's personal contact with the forum state. Next is in rem jurisdiction. That's property ownership within the forum state. Again, the location is called the forum state. Third, quasi in rem. That's also property within the state. Now, those categories of personal jurisdiction falls under two tests. One is statutory. The other one is constitutional. So before you file your special notice of appearance or anything before the court, you must decide where or when you select for your challenge. So this is where you start. 

You start off with, is there a statutory requirement for you men to be in child support? If that is satisfied, then you move to the Constitution. So let's review the statutory and constitutional requirement. The statutory limitation. A court will not be able to exercise personal jurisdiction over a respondent unless a statute exists in a forum state that explicitly authorizes the court and exercises personal jurisdiction over him. What does that mean? That the legislators will have to write into the law code statutes that they have personal jurisdiction based on specific criteria. That criteria cannot be vague.

 It must be specific. So one of those criteria is whether or not child support can be leveraged against 1099 workers. We've said this on this channel. 1099 workers are not included in a child support program. Now, many states have attempted to write statute specifically to include 1099 workers. Many have been unsuccessful. And the reason is this, because the federal government says that 1090 workers are not included, the states cannot write a statue again to compete with the federal government as a result of the supremacy clause. So states like New York and California will say that they have jurisdiction over 1099. They do not. Texas, all these states says that they do. 

They do not. They cannot write that statute. So there is no explicit statute. Women, that's the other statute. There are no statute that places a woman within the child support program. Yes, I've had a few women who reached out to me, they are paying child support, but there is nothing in the statute that says so. And we've done a couple of videos on women not included in child support. Please review that. 

The second test of limitation is the Constitution under the Fifth and 14th Amendment. Under the Bill of Rights, it reads, no person shall be held to answer for a capital or otherwise infamous crime, nor shall be compelled in any criminal case to be a witness against, against himself, nor be deprived of life, liberty, or property without due process of law, nor shall a private property be taken for public use without just compensation. And that is under the Bill of Rights to due process clause in the case law. International shoes v. Washington. That's 326 us in 1945. That in order for a court to exercise personal jurisdiction over respondent in a manner consistent with the due process clause of the Fifth and the 14th Amendment, the respondent must have minimum contacts with the forum state such that it would be fair to force that respondent to defend the family case or the child support case. This is the constitutional test. That is, if the father or obligor is out of state. 

Let's say in another state. You have a case in one state, but you're being asked to pay child support in another state. They must apply what is called the minimum test under the due process of law called the International Shoe Corporation. Start off with the as to what the requirements are. There are other case law beyond international shoe, but this is where it begins. There's neff case and a few others. Now, in the international shoe, it says that in order to bring a respondent into your court, you must have what is called minimum contacts test. That is, it must be explicitly stated in the state legislature how you arrive at the minimum contact test, and you must not violate what is called fairness under the Fifth and the 14th amendment of the due process clause. So for those of you who the mother has moved or you have moved out of different counties or different states, this jurisdiction is where you use as a defense. So let's recap the requirements for personal jurisdiction. First we ask the question, is there a statutory basis for personal jurisdiction? 

The forum states over the respondent. If the answer is no, then we stop there. The case cannot move forward again, even if you had a case from years ago. If it turns out that there is no statutory requirement your case shall be dismissed once you satisfy the statutory requirement, then we ask would it be constitutional for the court to exercise personal jurisdiction or equivalent, which means, does the respondent have a minimum contacts with the forum state? If that answer is yes, then the case can move forward. But if the answer is no, then your case is dismissed and these are the requirements for personal jurisdiction, statutory or constitutional. We will continue the rest of this lesson on the other jurisdictional requirement in lesson two, where we would focus more specifically on the statutory limitation jurisdiction, we will also continue this conversation. We will have other information regarding child support and jurisdiction on our masterclass website, which is child support dot newsletter.com. Thank you for listening to today's presentation. 

You can reach us at chrish289 on@protonmail.com dot. If you have any questions or comments or concerns regarding jurisdiction or you you want to challenge our research and definition on what personal jurisdiction actually represents, we ask please subscribe to our channel as well as hit the notification bell so you can receive notice when we upload and produce another video. And as always, we ask give us a donation. Help us to continue our research. It's extensive research and we just ask for donations so that we can continue our work. Thanks. Have a good day.