Season 5 Episode 9 - Give Back Unemployment

                                STOP Garnishment   Of Your Unemployment Benefits.

If you lose your job, the deductions for child support from your unemployment benefits will cease. It's important to recognize that being unemployed and eligible for state labor department benefits will still subject you to child support obligations.

Congress never intended for child support agencies to garnish your unemployment benefits. Congress has explicitly outlined properties exempt from levy attachment and exemptions, with unemployment compensation benefits included in this list.

In our simplified Child Support Lawsuit guide, we equip you with strategies and techniques to navigate away from judicial misconduct, both at the state and federal levels. The guarantee is yours.


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Transcript

                                                      Give Back My Unemployment

Email: Chrish289@protonmail.com
            (c)Copyright, 2021-2030

Welcome in today's episode we'll look at the unemployment benefits in child support if you're ever on unemployment you will see and notice that the child support agency takes a portion of your unemployment in an episode we're going to explore how you can get that money back when you lose your job during the time of your career it's a very difficult position to be in and often you have to rely on temporary unemployment which lasts about six months to a year now when you're on child support it's even more complicated because despite some of your best effort you may not have the skills or the education to find a new job that pays the same amount or a higher paying job and this you can fall on difficult times now some of you in order to reach yourself or get rid of your child support you may consider bankruptcy either chapter 7 or chapter 13. before you make that decision you may want to look at and we suggest our video called child support and bankruptcy

the unemployment compensation is temporary relief when you've lost your job and under the american rescue plan of night of 2021 uh they have decided to allow up to ten thousand dollar ten thousand two hundred dollars of unemployment compensation benefits that is tax uh tax free and that depends on your annual income

so when you're on child support and you're also getting unemployment you may have to file what is called a petition for modification and that is where the court determines that you've had a significant change in circumstances which is you lost your job as well as should that qualifies you for a downward modification unfortunately for many of you the courts are very seldom to you know what they call lower your monthly payments they'd rather do what is called imputed income and impudent income is when they abandon exactly how much you make or how much you earn and they create a number based on what they call the industry standards unfortunately many of us don't know where that industry standard comes from but they use that to create what is called imputed income so here's a question for this episode is the unemployment benefits exempt from the levies of the child support or did congress authorize the child support to take any of those payments so in this episode we're going to look at how you can get back your unemployment benefits because the irs did not authorize the child support agency to take your money hello my name is chris on in this session we will explore how you can get back the payments that were taken from you as a result of child support as always you can listen to our our channel on your favorite podcast that is spotify amazon apple in addition we ask for you to register for this channel and please either like or dislike us either way but let us know what you think and 

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now the tax refund offset is a different program than the unemployment offset we also did a video on the tax offset if your tax tax return was taken from you as a result of child support we also have another video that's called the irs can give you a break if you're a non-custodial parent and you want to be able to claim your child on your taxes that's also another one of our our videos so let's explore what is the unemployment unemployment is reported in what is called a 1099 g form that's g is in george which is different in the 1099 miscellaneous form for small business these are two separate processes and we're showing you this just to show that there's two different forms now the 1099 process for the small business is a different process than this unemployment so we just want to so that you understand we're talking about two different processes so the unemployment is reported on the schedule 1 of the 1040 form which then flows through on your final tax return and as it said it is taxable up to 10 200. of course consult your tax advisor for specific details how you're affected by this american rescue plan now the irs internal revenue service which is a division of the treasury department u.s treasury manages or handles the unemployment in addition to the 1099 worker program and they're the ones that's dealt as the delegation of authority over the unemployment benefits so here's the statutory rule when it comes to decisions by the internal revenue service and that is there's a rule that says the statutory construct that when two interpretations are possible one constitutional and the other is not such as a statute the constitutional must prevail and there is no indication that the legislature will authorize any unconstitutional procedures and that information is found in a case law knox versus state 586 sw2504 out of texas appeals court and townsend versus state again out of the texas appellate court now texas as you may know is in the fifth circuit the fifth circuit consists of mississippi and louisiana in addition there's a there's a case law supreme court case calls u.s versus tweel and it says silence can only be equated with fraud when there's a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading and this we cannot condone this why is that the irs is in charge of the unemployment however child support makes many claim that they can take your funds when they're not allowed to in addition i always like to say this that the governing principle of our constitutional democracy is that all officers of the government whether the highest or the lowest they're bound by those laws and they're bound by those federal laws as well as uh the supremacy clause and that's from the case law butts versus economy in united states versus lee and on this channel we coined the phrase the butts stops here mr lee so let's go back to the supremacy clause and why are we doing this why are we insisting on the rules on the supremacy clause where it establishes that federal constitution and federal laws take precedence over state laws even the state codes and it prohibits states from interfering with federal government's exercise of its constitutional powers as well as separation of power that is the power that's delegated to the internal revenue service may not be confiscated by the child support agency and again we're making this distinction because it's important if you're going to fight for your unemployment these are the rules in which you use to fight and of course the the supremacy clauses found article 6 paragraph 2 of united states constitution now why the issue with the unemployment well as you know child support in 2019 fiscal year the total collection of 28.7 billion dollars and they paid out the families 27.6 billion dollars that's a difference of 1.1 billion that the child support agencies cert they keep that that is theirs to spend however they see fit for their employees staff now there's approximately 14 million case loads where this information comes from so let's look at the states that again is taking most of this money there's texas at 4.3 billion california 2. 2.5 new york ohio of course florida 1.5 now we make a note at california and texas texas has half the population of california which is 19 million california has 40 million people that is the state of texas is taking twice as much money from the program than the next popular state i've done several videos on this again i'm separating texas because texas has a unique program that somehow is able to make more money than the most populous state so let's look at the enforcement of the child support program there are many types of enforcement in the fiscal year 2019 72 of the enforcement comes from income withholding which means the remainder comes from as you guessed from your income tax return and your unemployment compensation so here's a statute 45 cfr 302.65 which is the withholding for unemployment this is where you find the statute it says federal regulation provides that the child support agency must enter into an agreement with the employment agency of the state such that they could take your unemployment check and it's very specific there is a contract is an agreement in order to make this happen further and further in the statute says that the state workforce agency that's the agencies in charge of this has to have an agreement with not only with the state but also with the individual to make sure that there they have the power again delegated power from the internal revenue service to take your unemployment benefits tell me how many men out there you agreed that they took your unemployment i would say many of you did not in fact you weren't even told that there need to be an agreement in place that's one of the things you're going to use in order to get your child support payment back so let's go back to the statutory construct again this is important because if you want your unemployment benefits back you have to understand how the laws work the supreme court says that's the plain meaning of the statute that is if it's not ambiguous then it should be applied across the board and that is sebelius versus chlor 569 us and that's 2013. and basically what it says is whatever the irs says that's what the irs means so if they says that you should not take the child support then the child support agency may not take it so now that we have the foundation of the unemployment benefits how do we get back our unemployment payments well in order to continue that conversation we have to go to the childsupport.newsendler.com website this is our masterclass website where we have a course on the unemployment we have to move this conversation to our website because this goes further into the rules and regulations of the internal revenue service their tax questions their tax issues and this is public forum is not the platform to be discussing you know that level of detail for obvious reasons my channel could get shut down uh you know for making claims so we will continue that discussion on our on our platform also we ask that you subscribe to this channel please whether you like us or don't like us please give us a thumbs up thumbs down please subscribe and like us if we reach a certain level of subscribership we will conduct what is called how to defeat the motion to dismiss for many of you motion to dismiss is when you file a lawsuit against the agency and you lose in court again we're asking which is a shameless plug for subscribers

again we provide education on child support and we asked if you have any questions or comment or you agree or disagree in anything we say please send us an email but we are asking for a gift a small gift a cash up of five to twenty five dollars or any amount paypal gift we look forward to it again because the material that we provide requires extensive research and we're bringing that to you so here we are at the end and if you want to understand how to get back your unemployment we have to continue this conversation and our child support.newsendler.com

website look forward to reaching out to you take care