Season 5 Episode 3 - Returning Mail From The Child Support Agency

Refuse Return Mail from the Child Support Agency - Good or Bad?

Receiving mail from the Child Support Agency can be terrifying because the information is not good news. It's probably easier the send it back and label it " RETURN TO SENDER - Unknown". Legally is this a good or bad idea. This video explores the process and an alternative solution.

Receive mail can be terrifying because the information is not good news. family law

Violation of a your federal constitutional rights can cause reversable errors that can affect your child support case.

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Transcript

Returning Mail From The Child Support Agency

Email: Chrish289@proton.me
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Introduction:
welcome in today's episode we're going to talk about refusing the mail from a child support program many of you have used the strategy that if you return the mail or refuse the mail from a child support program from the courts then the courts does not have jurisdiction over the matter well in this episode, we want to explore that and look actually underlying reasons for this and whether or not this is a good or a bad strategy

we've said on this channel and the child support program that 45 cfr 264.30 0 is the statute that puts all men in the states within the child support program as it says here the state agency shall refer all appropriate individuals for whom child support needs to be established or paternity needs to be established and that's done via the idv the title 4d agency now in order to satisfy the statute you first need to find these gentlemen correct you need to know

 who they are and what they're doing so the court as well as the agency uses the united states postal service in other words to send mail and under the statute says 45 cfr 303.3 that location of a non-custodial parent that is a obtain information concern the physical whereabouts of both the non-custodial parent or their employers yes the employers for these men next it says here that the state must establish a service process that is a process for which to receive to find these men as well as the employer using what is called repeated services

so once the courts have located the father or the obligor or non-custodial parent they have a couple of options under 45 cfr 303.4 where it says establishment of child support order and it reads that if the administrative authority or the courts has dismissed after they found the father then they have to decide later on in the future do they continuously seek to locate the father and the federal statute for that is 18 years they can continue to do seek out the father

 now they do what is called a service of process that's using federal rules procedure four which is how you serve paperwork using a civil process that is either personal service or you leave a copy of the court papers the child support papers with someone or you deliver the copy to an agent and that must be done with someone who's over the age of 18.

this is what i call our self-study sheet if you want to know the enforcement program i've said this in the past it's the 45 cfr part 303 series and there is three or three five two seven one so this is a quick list of if you want to study the program the enforcement program this is where you begin 45 cfr 302.17 this is called the inclusion of the state statutes it reads the state plan which is the agreement shall provide a copy of the state statutes or regulations pursuant to statutes that have the force and effect of law that is that includes statutes and regulations what are they saying under this statute from the feds it's like you may include state rules and regulations as long as they have the force of law and what is the force of law to determine

 paternity of the child their step is to child support or to collect support obligations as well as spousal obligation so let's take for example the statute regarding 1099 workers i've said this in many videos that the 1099 workers do not pay child support that is a federal statutes or rules the states then cannot issue another statute that says will 1099 people pay child support why because of the supremacy clause again the inclusion says it's included if it has the force and effect of law and the 1099 program within the states have no force and effect of law when it comes to child support now who will seek out the non-custodial parent well under article one it will be the title for the agency or the courts whether circuit court or supreme court will also again seek out these non-custodial and i did a video on what's the difference between article one and article three you can watch that video

so here's a short quiz service of process what is that well service of process is to communicate or locate the gentleman using the postal service or any other means so under this statute which is 45 cfr 303.1 which is the expedited process it's where they use called the long-arm jurisdiction in order to locate the non-custodial parent and it reads under this section three that says once the process has begin within the first six months they consider it a success

 what are they referring here they're saying once they start reaching out to all the men in the program they've already deemed it a success that they will get them in child support that's how they treat this program so this brings the question now is jurisdiction right how can the courts have jurisdiction right so jurisdiction is based on three components personal subject matter and territory and this is found under federal rules 12b2 when it comes to the child support program when they do the service of process all they're interested in is the personal service now that is a mistake but again this is what they're interested in which is personal service now why are they focused on that because at the what child support wants is very

 simple is to enter what is called a default judgment right that's all they're interested in is a default judgment and this is very important and at this point i would say please stay tuned to the end of this program we'll talk more about default judgment now if they're unable to reach the non-custodial they will issue what is called a copious warrant or a warrant to appear again i've done a video on that how to avoid a jail warrant but again they are determined in order to get you into the child support program they will use every enforcement methods that at their disposal hello my name is chris and in this session we're going to talk about a strategy that many men are deploying such as writing return receipt return resender and send the paperwork back to the child support program in the hopes that they will not be on child support let's explore that and see if that is either a good or bad strategy

you can listen to our our information on your favorite podcast that includes amazon apple spotify we also ask for a donation we do ask for any any amount of donation from pro from cash app or even paypal we do ask for a 25 gift but please we will accept anything we also ask you to subscribe to our channel and if you have any questions about this video or any other video please feel to reach out to us

we covered one of our videos a story that talks about the statewide corruption in mississippi you can watch that video but what was interesting i got an email from a few people that says well i am not on child support why should i be concerned about what's going on in chelsea area well what people are failing to understand that the child support agency interacts with the state treasury that is if there's corruption going on it's also going on with the state treasury which means it affects the the taxes for the people in mississippi so it's not just the men that are on child support of the fathers it's everybody in the states should be concerned about what's going on there

so let's look at this strategy called returning the mail in some cases people say put the zip code and turn it around and send it back well let's look at the process so the agency of the court sends out what's called an affidavit of due diligence i cut and paste this from the document it doesn't matter what state it is it's it just say that this process continues because you remember due process of law as it states here they need to find the fathers the non-custodial fathers so they'll put this process together that says they have successfully reached the fathers or if not they need to document what has happened during the process and it says here that the staff of the agency or the staff for the judge fills out this process and it's documented again due process of law under the 14th amendment so what if after they did a series of attempts but they're unable to locate the custodial father well there's another

 option they have here on this rest of the form is they have a section where if they were able to locate the fathers they decide to refuse or do not accept service again we're going back to the strategy of returning the document to the agency doing return receipt or return to sender well one of the boxes on this says defendant will not accept paperwork or is avoid being served well the answer to that is the courts have another service option under federal rule 4 it's called service by publication service by publication is when they will post the information in a public document whether it's the law journal or some sort of paper that says we are seeking to locate the non-custodial parent and that is called service by publication now why am i saying that this process strategy is very important apart from the fact that occupies work can be issued if you are not served properly but it's important because remember the goal of child support is to reach all men that are in the program and for a default judgment or judgment of default so let's look closely at the expedited process statute that's 45 cfr 303.101 item number four section number four says entering default orders upon showing that the process has been served on the defendant in accordance with state law that the defendant failed to respond to service as well as any additional showing that's required by state law and that includes genetic testing what this is saying is that entering default judgment is really the goal of the child support program and the things that you do to facilitate that will lead for you to be on child support again this is built into the statute that default orders is one of their goals

next 45 cfr 302.56 that is the guidelines for setting these orders and what are these orders the default orders or any other types of orders if they're able to locate you and bring you to court their interns must analyze all of these orders so under section 2 it says that including whether the orders were entered by default or they're based on imputed income or any other

 criteria that they could use so again the strategy is default orders is their number one priority then other types of determination by the courts is their secondary priority doing my research i looked at the strategy does it make sense for someone to involved in returning the documents back maybe it does work again i'm not here to decide whether it does or doesn't i'm saying is there a good strategy well i found this case law called velasco versus ruiz it's the supreme court of of oklahoma 2019. so here's what the decision says the rules of proper service service by mail shall be made by certified mail return receipt requested and delivered restricted to the addressing that means sends it directly in the name of the non-custodial parent but it further goes on and says additionally service by mail should not be the basis of an entry of a default judgment or judgment by default until records contains a return receipt

 showing either acceptance or refusal of defendant so what this case law is saying is whether you accept the service or you return service it's considered due process of law so that becomes a question so when you return or the gentleman's who are using this you should ask yourself is this considered proper service because proper service will lead to what jurisdiction of the court which then leads to your own child support so how do you combat the the effect of service was was considered proper even when you return the mail back to them and again any man who wanted to well one way is to write an effective affidavit in which to rebut that process as you see at the start of this process they the courts and the administrator has what's called affidavit of due diligence so they have started their due diligence process in which to again capture men into the program well one way to defeat that is a powerful effective affidavit now we have this course on our website called on our website our master class where you can find information about effective affidavits so why is this important so the strategy that returning mail will get you off of child support or remove you from child support or does not give the agency jurisdiction well according to this strategy not necessarily you

 could still be put into default and you still end up in child support the question is do you have a solution if that were to happen next i ask for subscribers to our channel and if i ask you to spread the word this video such that people will know the information and if i reach a certain amount i'll do a video on called motion to dismiss that is when you file a lawsuit against the agency they dismiss your case so here we are at the end and i hope this sort of helped to understand what it means to refuse mail what are some of the the i said whether it's good or bad or what the strategies are but understand this there is a percentage of this strategy where you will still end up on child support except is through a default order thanks and have a good day