Season 5 Episode 2 - Understanding Statutory Jurisdiction Part 2

Understanding Jurisdiction Part 2

 Jurisdiction Part 2 for Child Support That Will Help to Win Your Case.

There are 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.

Generally speaking, there are five common statutory sources for in personam jurisdiction:
(1) physical presence in the forum state at the time the defendant is served with process.
(2) domicile; (3) consent; (4) waiver; and (5) long-arm statutes.

📖 To Schedule Discussion and Conversation:
👥 Calendar: https://bit.ly/Calendar-ChildSupport
📢 Email: Chrish289@protonmail.com

📝 Let's Connect On Social Media:
👍 Facebook: https://bit.ly/FB-ChildSupportMadeSmple
🐦Twitter: https://twitter.com/chrish289
📸 Instagram: https://www.instagram.com/chrish289/
✅ YouTube Video Link: https://www.youtube.com/watch?v=YeiwfslKzAo

❤️ Please Support This Channel:
PayPal
💎 $25 Donation OR any amount: https://bit.ly/ChildSupportMadeSimple
      [Accept All Payments- MasterCard, Visa,  Etc]
Cash.app
💎 Any amount: https://cash.app/$chrish289

Transcript

Understanding Statutory Jurisdiction Part 2

Email: Chrish289@proton.me
            (c)Copyright, 2021-2030
-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+--+-+-+-+-+-++
Introduction:
hello and welcome back this is lesson two of our discussion on understanding jurisdiction and this lesson is called statutory limitation of jurisdiction if you did not see the first part of our or understand jurisdictional series which is lesson one that covers the overall please feel free to do so this session here is a continuation of that lesson so jurisdiction has three categories subject matter personal and territory in this session this lesson we will cover what is called the personal jurisdiction categories such as statutory and constitutional and that those are the two categories and with that comes the groups which are per sodum in rem and quasi in

 rem so why are we covering or understanding jurisdiction because jurisdiction is the cornerstone of our legal process now there's a maximum of law that says ignorance of the law excuses not and ignorance of the law excuses no one and to put another way it is presumed that the public which is everyone knows the laws and defense of ignorance is typically not allowed and in the recent case of state versus miller decided in 2017 out of north carolina supreme court but the ignorance of this law also goes towards judges and attorneys yes they also cannot use ignorance in which to defend whether or not they know the law so in this

 lesson of what's called the statutory jurisdiction here are the requirements you must first ask is there a statutory requirement for which to have personal jurisdiction within the forum over the respondents the next you ask the constitutional whether or not the court can exercise personal jurisdiction or equivalent as well as does the respondent have a minimum contact with the forum hello my name is chris and in this session lesson two we will review the statutory limitation of jurisdiction so that you can use this to separate from the child support program let's get started

you can also listen to us on our podcast we're available on all the major podcasts Spotify apple and google also we ask for a donation yes we are asking for a donation all this research that we're providing it takes time and energy and we're just asking for a small compensation uh just to keep our channel going and if you have a small as a five dollar cash app we're welcome we're asking for a 25 gift donation but again any amount will be accepted so jurisdiction every state legislator passes statutes that details a situation in which the courts will exci will

 exercise personal jurisdiction when any court exercise personal jurisdiction it must do so pursuant to an explicit grant of authority in the legislative statute or else the court may not exercise personal jurisdiction over the parties in an action that includes child support

45 cfr 302.17 it's called the inclusion of state statute it says here the state plan shall provide a copy of the state statutes or regulations that is pursuant of state statutes as long as they have the forces of law to include citations and regulations and it must provide for three specific area determine of paternity of child establish a child support obligation and enforce support and obligation why is this statutes very important child support is a federal program that is administered in the state i've had several conversation uh with people who tell me it is a state issue it's all driven by the state well this statute cannot be more clear it is a federal program that will include certain state statutes that have the force effect of law now why does it need to have the force and effect of law because the supremacy clause in the united states controls everything as the supremacy clause says it establishes the federal constitution that is federal law has precedent over state laws and statutes in their constitution and it prohibits the states from interfering with the exercise of the federal government in addition to that the separation of powers the government in other words the federal government sets the requirement that each branch of government is distinct legislative executive and judicial and no person charged with managing one side of the branch to have influence over the other side that is the child support program is an executive program it's not a legislative program it utilizes a legislative program but it is an executive program and it's a supremacy clause is found in article 6

 paragraph 2 of the constitution of united states now i'm stressing this because again i have had this discussion with folks that talks about this the federal rules and the constitution not only is just a piece of paper it is the law of the land it's not some for the principal ideas or category it is the boundary by which everything is done including the principle of judicial review that the courts uses in terms of laws and statutes likewise officers of the court takes an oath of affirmation to the constitution of the united states they don't take an oath of affirmation to the state they follow the state guidelines state constitution but they take an ultimate oath to the constitution that's marbury versus madison so this discussion as to whether child support follows the constitution should be a now and forever the only conversation all rules and regulations within the united states follows the constitution

so to continue with the statutory jurisdiction let's start off with what are the categories there is the physical presence that is whether or not you're in the state of territory consent whether you give the court's consent over juris or your personal jurisdiction domicile whether you reside in or have a business or anything or anything related to the jurisdiction and waiver you can waive your rights and subject yourself to the jurisdiction of the court again you're not losing your right you are wavering and then finally the long arm jurisdiction now there are

 other categories but these are the ones that you know you want to focus on now of the five categories the three that are critical for you to understand if you want to defeat the child support you must understand consent waiver and long arm those are the primary errors in which mistakes are made so within the category statutory categories of jurisdiction what is what is going on well you have techniques and tools and strategies in which for you to use in order to challenge a jurisdiction of the child support court or to escape it some of those stools and procedures are motion to vacate show the contract interrogatory name the injured party rid of mandamus these are some of the ideas that whether you researched it or whether you

 purchased a package that has these strategies or your friend passes it on to you or just plain and simple you just have these things the question is do you understand how each of these procedures fits in with the process of jurisdiction i'll repeat that how do these procedures fits in with the process of jurisdiction i'm saying it this way because again i talk to a lot of people and they'll tell me that the procedures of jurisdiction no jurisdiction is not a procedure it's a process how you operate within the process is what determines whether or not the court has jurisdiction over you so let's take an example one of those examples many people will hear about motion vacate now on the surface the way it sounds like oh you just file a motion to

 vacate you go into court and you argue with the judge that they don't have jurisdiction over you you do not have to pay child support and you're home free well here's where as i said ignorance of the law is not a defense what does it mean when you file a motion to vacate well here's the definition motion of vacate is a voluntary effort in which you are giving the court jurisdiction over universals in a personal capacity that is any action by defendants which amounts to an intent to be in the forum is considered voluntary which is failure to conform to the procedures required of a defendant or a respondent who would preserve his jurisdictional question after an adverse ruling and the case law is ex parte perry stove as well as south carolina state highway ver versus ism so let's look at this procedure you would think motion vacate means you are trying to separate from child support it is the opposite again this is

 where the magistrate of the judge that you're sitting down in the back of his mind is kind of ch chuckling and saying you really don't know what you're talking about when you do motion to vacate not realizing the words of itself is the opposite what you think it is it's not vacating it's actually pushing you further into the jurisdiction so that's one of understanding the rules and procedures now in order to continue the discussion on the statutory requirement we have moved this lesson onto our master class website called childsupport.newsendler.com

where we continue this discussion on the other lessons of child support jurisdiction is an involved topic it's not something that can be done in five minutes or ten minutes as you can see there's five categories of statutory jurisdiction there's other issues regarding jurisdiction and you're going to use it to escape child support then a full working knowledge is expected now if you don't have an account on our master class site to the top right there's a signing

 button you can go ahead and sign in and then you can take the rest of this course now we live in a democracy you don't have to learn jurisdiction you don't have to do anything you have to want to do it or you don't want to do it you have that constitutional right but understand this ignorance of that knowledge will not get you anywhere again that's the price of democracy that's the price of freedom now this is our masterclass site called child support.newszandler.com we have other courses on there in addition to the jurisdiction of course and feel free to check us out log in take a look around

so here we are at the end of this presentation again if you have any questions on jurisdiction or any other topic on this channel please feel free to email us at chrish29 protonmail.com we also encourage you please like and subscribe this channel and hit the notification bell every time we produce a a video as well as we also ask for donation just to keep this channel going we do a lot of research and we're bringing that research to you and we're asking for is your support and thank you have a good day