What Is The difference? Understanding Custody and Child Support.
Email: Chrish289@protonmail.com
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Introduction:
Let this video go viral. Many men are confused between child support or custody and visitation. And I will explain, but let us go viral. Welcome. In this episode we will discuss child support, as well as custody or visitation. Men always want custody and visitation. However, men don't want child support. Well, here's the issue, what is the difference? We will explore that
let's start at the beginning. 45 CFR 264.30. The state shall refer all men, individuals for whom paternity will be established or paternity is not been established. That's the foundation of child support. Again, 45 CFR 264.30.
Let's look at the landmark case, blessing versus Freestone. So landmark case, it says that no matter what the Secretary of the State, which is individual state, need not focus on the mother or the Child Child support is focusing on the yardstick again, it's a measure of a yardstick of how the program is performing. Not whether the mother or the child is being satisfied. That's blessing versus Freestone.
Now, I discussed this as a preview. It's called the five Supreme Court cases that you should already know if you don't know this, I have a video on this. But you need to know as a rule, the five Supreme Court cases that you should already know. If you have any questions or comments, please feel free to reach us at Chrish289@protonmail.com Chrish289@protonmail.com.
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So now let's look at a role and responsibilities of a magistrate. Now, magistrate can can it doesn't matter. It's any state right now. We're just looking at the New York statute, which is two Oh 5.3 to the role of a magistrate, it shall be appointed from the chief judge in order to preside over child support.
Here's the here's the issue. They are an attorney. Right? They are an attorney.
So therefore, they should. They're not even a certified public accountant. They're not a tax preparer. They're not a bookkeeper, and they definitely not a financial adviser. So therefore, why are you giving your tax return to an attorney?
Yeah, besides, they can be sued as a state actor, they can be sued. They do not have 11th amendment immunity. You know, and case law is ex parte young. And it's city of Oakland, owning Owens versus City of independence.
They can be sued. In fact, you need to sue all the magistrate because if they take your tax return, they're not responsible as well as you are giving it to them. Let me repeat the support magistrate is an attorney.
How do you know that the clerk is not looking at your private information such As your W two and it's being broadcast all over the court system. Again, you don't know where your private information is, or is it being safeguarded?
The support matches can says they're safeguarded. But the problem is, you don't know. You don't know. We reach out to the governor of New York. Her name's Kathy Hall. And then we wanted to ask in a FOIA request, a FOIA request is a Freedom of Information Act, we reached out for a FOIA request.
And we ask point blank, that is the Office of Temporary Assistance is a government agency. And here are the results on March 17 2023. It is not a government agency.
It is not a government agency. It has nothing, nothing to do with the state of New York. Again, nothing to do with the state of New York. We now have the proof. Child support is a contract. It's a federally funded contract. We discussed this in our in our prior video. It's a contract. And here is the contract. This is a New York State contract.
It's a single and separate agency. In other words, the magistrate presided over a single and separate agency. Here is the contract for Texas. As you know, Texas makes the most money of all the programs for child support. Again, it's a single and separate agency.
It's a contract. United States Supreme Court has already told us that you remember the five Supreme Court cases that you should already know. Us versus sage, it says child support is an agreement, which is equivalent to interstate contracts, and rejecting the idea that child support is nothing more than an obligation.
Again, US versus sage, child support is a contract. Nothing more, nothing less. So now let's look at the definition for fathers. There are four legally terms for fathers. There is the presumed father, the alleged father, the biological father, which most of you men are, as well as the legal father.
Only the legal father signed the acknowledgement of paternity. Only the legal father, sign the acknowledged paternity. All the others do not. Again, most of you are the biological father. And maybe you have the alleged father, but only the legal father sign the acknowledgement of paternity. We are looking at the role and responsibility of a support magistrate in New York or a commissioner in elsewhere.
So the sole purpose of paternity proceedings was to establish the father's obligation to make support payments, and it's not the adjudication of the child, which means the sole purpose of ever support magistrate is so did you pay the you should you should pay the the child welfare? However, if the action is brought by the official, which is the enforcement, the mother is not a necessary party, again, where did where did we see that blessing versus Freestone. The mother is not a necessary party.
However, for in terms of custody, okay. If it's if the sole issue of custody then you need to bring a decorative action in the Supreme Court. And that case law is Cordell versus woods again In return support magistrate involves support payments.
If you're if you're involved in a custody agreement, you should bring a decorative action in Supreme Court. Here's another case law from Steven L. Pursuant to family court, ak 439. The support magistrate must refer proceedings to a judge. In other words, the support magistrate determines child support. And the judge determines custody.
And here's why. It's because of a complete lack of jurisdiction. So if a judge asked you that says, Have you paid your child support, you should object because it's a complete lack of jurisdiction. Here's another case a famous case in New York.
The Family Court lacks the adjudication in order to determine contempt. Yes, many child support says, you know, I hold you in contempt. It's nonsense. Reason is the child the magistrate cannot recommend incarceration; it has no force and effect.
In fact, you should you should laugh about that. In other words, they cannot hold a contempt hearing their responsibility is child support, not contempt hearing. This is all about jurisdiction. You know, I meant the case laws. I have the case law. It's all about jurisdiction. You need to learn that because if a judge asked you, What about payments, it's unconstitutional.
It is all about the money. Paternity is about money. The support magistrate can only discuss money so if you have any questions or comment Peele feel free to reach us at Chrish289@protonmail.com
You know, let this video go viral? Yes, let this video go viral, because many men are confused. Again. It's not their fault, but they are confused. If they are. With the support magistrate. You can only discuss payments. That's it. A payment, not custody and visitation