Season 6 Episode 1 - Family Court Judges In South Carolina use unconstitutional practices to collect child support.

               South Carolina use unconstitutional practices to collect child support.

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

     In South Carolina, there have been reports of judges employing practices deemed unconstitutional for the collection of child support. Should you find yourself in such a situation, it is imperative to advocate for your rights. One effective measure is to demand a trial by jury for the enforcement procedure.

     Failure to meet child support obligations may result in being held in contempt of court. If payments are to be made through the Clerk of Court's office and you default, the clerk will automatically issue a Rule to Show Cause. Subsequently, you will receive notification of the hearing date and time.

     During the hearing, you will be required to provide an explanation to the judge regarding your delinquent payments. Should the court determine you are in contempt, penalties may include imprisonment for up to a year, a fine of up to $1500.00, or both. It is crucial to approach such proceedings with legal counsel to ensure your rights are protected throughout the process.

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Transcript

Family Court Judges In South Carolina use unconstitutional practices to collect child support.

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

In this session we'll discuss the unconstitutional practices of the child support program in south Carolina the health and human resources stated that there are one in four children in south Carolina that's touched by the child support program and that includes both private cases and what we call dss cases or welfare or 10-f cases later on we'll discuss the differences between private and uh public the guidelines for the child support program in south Carolina is found under title 63 of the south Carolina code that's chapter 17 and it's section 63-17-310 which is called the family code in this session also we have a quiz we have a bonus at the end

of this video called motion to vacate and order and jurisdiction let's get started hello my name is chris and in this session we will discuss the unconstitutional practices of the south Carolina child support program as always we said please support our channel and please support our ongoing research we accept donation via PayPal or cash app and our i our identification is chrish289 at protonmail.com or chrish29 cashapp you can also hear us on podcasts we are on Spotify apple amazon music so that you are always have the availability to see what we have to offer we did a series or we're on a series called lawsuits and if you have not checked out lost against your employer please do so it's an eye-opener so let's look at south Carolina's child support program 45 cfr 32 that is the administrative garnishment for

south Carolina and it's been consistent over the last five years it ranges from 183 million to about 190 million in 2019 they had 183.4 million collected via the garnishment program the recent 2020 census bureau stated that there are 5.118 million people in south Carolina and that year 20 170 men signed the acknowledgement of paternity 

program now south Carolina in terms of ranking of the overall spend by 2019 they're not within the top five or within the top ten they're somewhere around within 25 to 30. now we reported back in 2019 that the south Carolina program started what is called the pac system which is the palmetto automated child support system that is they move to a new payment system that creates an automatic income withholding electronically in other words there are no signatures now here this is a a press release from Ernst and young that says south Carolina employers must now send child support withholding money to the dismemberment unit now I'm not saying that Ernest and young is involved in a child support program I'm just putting here on the screen which is a public statement that what I'm saying is actually true that a white shoe firm as Ernst Young says they did implement their child support program in 2019 so let's look at the code itself south Carolina's child support code is chapter 17 section 63-1

and it's been in effect since night since 2020.

one thing was noted throughout the program we found a section which is called the enforcement we're always concerned about enforcement because our goal on this channel is to help you avoid enforcement in section 63-171070 is a section called the contempt where you are charged with a misdemeanor in contempt and instead he states here that if you are guilty of a misdemeanor and you're convicted you can be fined up to fifteen hundred dollars and be imprisoned for up to one year now i have the label here that says this is a due process violation and it's unconstitutional do you know what i mean by that why is it due process

violation well here's the reason it is true that the united states supreme court said that where a court may impose a sentence in excess of six months a contemptor may not be denied the right to trial by jury yes it is trial by jury not jury trial many people say that they're not the same this is trial by jury also the supreme court says that even when offenses are separated and each of them is less than six months if the aggregation of those trial exceeds the six months time frame then it's again a trial by jury and the case law for that is bloom versus illinois as well as ex barty mcneemy again this is the the issue why the south carolina child

support program is unconstitutional it goes against the supreme court decision so if anyone is in south carolina and you are facing contempt charge your next move is to file a motion for jury trial that's it you want to get out of child support you motion for jubilee trial and you demand a jury trial that means everyone in south carolina that's facing contempt charges or looking at contempt charges or about to face contempt charges you need to put a motion for a trial by jury now what if the judge says oh here in south carolina we do it differently we don't follow anything this is not federal law that is wrong the supremacy clause united states says very very simply federal constitution and federal laws precedes state law it prohibits states from interfering with any federal or government program the title 4d program is a federal

program therefore south carolina cannot institute some law that says we can punish you over the six month time frame without a trial by jury so someone says well what if you're on trial and the judge says well i'm not going to put you away for six months yeah for one year i'm gonna stick with the six months guys guideline it doesn't matter the statute is very clear and you ask that judge does the rule only applies to you or does it apply to everyone in south carolina if you are facing contempt then you should request a jury trial so here's our quiz that we asked what is called motion to vacate and order in jurisdiction there are many of you out there that are following what is called motion of vacate or federal rule 60 or 60 b well we did additional research into this because we have reviewed many documents that says motion to vacate and yet the courts are not honoring those and many of you men are confused so here's a case in south carolina again right so this is the the definition from this case the voluntary appearance of a defendant in a case where they made motion to vacate to set aside the

attachment or the proceedings gives the court jurisdiction wait a minute if you file a motion to vacate in south carolina and this is the first time you are before the the court or magistrate you give the court jurisdiction by that filing so here's the ruling from the state any action by a defendant which really amounts to an intent to be in court is also voluntary appearance why because you failed to conform to the procedures required for a defendant who would preserve jurisdictional questions after an adverse ruling the case law is ex parte perry stove stephen versus ringling south carolina state highway versus ismain this is the decision in south carolina if you file a motion to vacate it is not the proper instrument in which to preserve your jurisdiction i hear guys say this all the time i have jurisdiction or i follow a

special appearance and not if you file a motion vacate so as we do on this channel we do research and we looked into this motion vacate by ex parte perry stove when we looked up looked up that case law it reads the judgment is not void when the court has jurisdiction of the parties and the subject matter again subject matter and the voluntary appearance of defendants by a motion to vacate and attachment gives the court jurisdiction over that defendant and the parties now what's interesting is that this decision ex parte stove company was made in 1895.

people on you on on this channel will say you are challenging all the gurus on on on on the web saying oh you don't know what you're talking about i am not here to challenge anyone i'm here to bring you the facts if you file a motion to vacate in the state of south Carolina you are giving the court jurisdiction and that decision was made in 1895 and it stands till today so it doesn't matter whether you're an expert in child support for 15 years 20 years 5 years if you file or men who file motion to vacate you cannot challenge jurisdiction that includes personal jurisdiction or the subject matter so this is the quiz that i'm talking about the big bonus which is save your money save your energy save your time it is a waste of time if you want to

challenge jurisdiction motion to vacate is not one of those instruments that you use so here we are the section what we call call action what do you do now okay if you're in south Carolina and you're about to face a contempt charge our suggestion based on our research you should be quoting illinois versus bloom that says you demand a jury trial and if the the officer or the court says oh you're not eligible for it tell them that is not true the supremacy clause says if i deserve a jury trial
 
i should get a jury trial second for many of you are trying to escape child support uh you're doing many instruments you're either buying it off the internet or you're buying it from someone and you're spending your time putting it together and all that goes with it and the packaging and the mail fraud if you use the instrument motion to vacate it is not the proper instrument to challenge jurisdiction it's been in the state since 1895 so if you want to challenge jurisdiction not just
 
in south Carolina but anywhere else motion to vacate is not the tool and we'll do more stories about what is the proper tool to use when it comes to jurisdiction so here we are at the end if you disagree with anything that we've just stated for south Carolina we point out two issues and two problems with south

Carolina that you should be aware of if you're going to win your child support case but we're also asked please donate to this channel help us continue to bring you the research we providing you this bonus of the motion of vacate is not the proper instrument saved you a lot of research to find an 1895 case law

so here you are at the end and thanks for listening and look forward to giving you more information about how to defeat the child support program thanks have a good day