Lawsuit Against New York for Child Support.
ATTENTION, 1099 Workers and Independent Contractors.
Introduction:
This is great news. I repeat, this is great news. If you are in child support, and you're 10, nine workers, you can file a lawsuit within the state of New York. Yes, you can file a lawsuit within the state of New York. This is great news.
You will need the statute as well as the booklet let me explain its avail available on our website, on our master class. And on our app, which is child support, dot news endler.com.
So one of those criteria is whether or not child support can be leveraged against 10, nine, nine workers. We've said this on his channel 10, nine, nine workers are not included in a child support program. Now many states have attempted to write statute specifically to include to nine iron workers. Many have been unsuccessful.
And the reason is this. Because the federal government says that 10 Nine workers are not included. The states cannot read a statute again to compete with the federal government as a result of the supremacy clause. So states like New York and California will say that they have jurisdiction over 1099 They do not Texas, all the state says that they do. They do not they cannot write that statute.
So there is no explicit in the state of New York, the legislators got together and expanded what is called a Child Support Program, which real name or official name is the Office of Temporary and Disability Assistance, that is Office of Temporary and Disability Assistance.
And they had a conference in which they discussed independent contractors in 2021. As a result of that Congress con conference, they expanded was called the new hire reporting of independent contractors starting January 1, 2022.
That is the changes are chapter law 504, signed on October 25. Of 2021. Employers must report independent contractors, that is contractor who was was guest revenues of $2,500 as part of their base contract. This particular law that passed it's called 1242. And it goes into effect January 7, I'm sorry, it was passed on January 7 2021. And goes into effect a year later.
Now if you notice the Assemblyman or government, you know, people the House and the Senate, are Cahill, Griffin, Jacobson, and the like.
So here's a question, or is your congressperson you state representative signed on to this bill? Or is co-sponsor this bill? That's an interesting question as to research in New York.
But as I research it further, this is what it says the justification for doing this. It says that self employed pairs are among the difficult to collect child support. Businesses are not required. In order to collect from independent contractors. Again, they are not required.
So my video research was correct, prior to this new law, but also take a look at the history. They've been attempting to pass this since 1999. As you can see there on the bottom, it's they tried it and they've tried it every year in 2005 2007 and 13.
So they've been trying a long time to get this bill pass. So, in my opinion, in October 1984, the OCS, which is the Federal Office of Child Support, implemented a program called Project 1099, which provides that state child support agencies to have access to all independent workers.
Unfortunately, they were unable to get the cooperation of the Internal Revenue Service, which is the IRS. They tried many times as you can see over the years. The bottom line is this. They're doing this only because of the money.
45 CFR Are 32 Here's a list of the top with a call garnishment.
Based on states, New York is number three behind California. And Texas, then followed New York is Ohio, and Florida. Now as a result of childhood, going after independent contractors, there is a 10 there is a possibility of paternity fraud. Both in New York and other states, I did a video called paternity fraud for the state of Tennessee, please take a timeout and review that and see what's happening in that state, which is also happening in other states as well. Hello, my name is Chris.
And in this session, we're going to dive into the existing 1099 law, as well as this new law in the state of New York, and see if you can protect yourself from the child support agency.
Now, we've said this, if you have questions or comments, please feel free to email us as well as put your comments below the video so that others can see your questions. We also ask for donations, we do research from time to time the child support laws are changing across all 50 states. As in this this session, we're reviewing the New York, we asked for a $25 gift, but we'll take a $5 Cash App give gift because anything that helps us to continue our research.
You can also listen to our broadcast and podcast, such as Spotify, Apple, Amazon, or your local podcast. The 1099 independent contractor is a definition that was created by the Internal Revenue Service, the IRS, and it's part of title 26 under Chapter 24, and there's a special categories for independent contractors. Also in Section 530.
It states under the IRS rules that treat all workers in similar position, the same, right and file all required returns, for example, 1099 miscellaneous, this is going to be significant. Keep that thought in mind that 530 says treat all workers in similar categories, the same.
In the state of New York, most of the time, there's a child support process. It occurs in front of what is called a support magistrate. And that's New York statutes 205 point 32. And why that's C R R. And this support magistrate is someone who's elected or hired by the chief administrator.
Right. But the one requirement with the first requirement is to have to be an attorney. But the other requirement they don't ask for is that this person needs to be a certified public accountant. They're not a licensed tax preparer.
They're not a licensed bookkeeper, and another licensed financial adviser. So here's the question. Should this individual be reviewing cases involved? 10 Nine I workers? As we pointed out 1099 classification is a tax issue.
Is this support magistrate qualified as any of these advisors within the tax world? We think they're not and that we think that's a due process violation. Also, this is considered a private right because an independent contractor is private. Now the case law is that there is no immunity for the state involves the violation of a private person.
And that's Owen versus City of independence. So the law in New York further says it says that 42 USC 653 A or tax law 170 H. Again, it's 42 USC 653 A, which says that the state must maintain a directory of new hire. Employers must report newly hired and rehired employees on a W four or equivalent form, and they must report this information to the child support agency.
Now, we just said the irises keep the classifications separate right. So employees sign W four well what forms do independent contractors sign? So we research 42 US Code 65 through 53. A further we found the reporting format is that yes employer employees, they sign what's called a W four, which contains your social security number.
Also, if the employer is decide not to cooperate, which is for both employees new hire, and for 10, nine and contractors, the penalty is $25. For meeting these requirements, yes, it's $25. I've said this a couple times. But understand this, the income withholding process, if your employer does not participate, your employer sold your information or provide your information to the state agency.
And the penalty if they do not do that is $25. They sold you out for $25. Now it goes on further in section two, it says that if there's a failure to follow the guidelines, and in this code, it can be treated as a conspiracy between the employer and the employee of 500 doors. Well, here's the question. If you don't have information on the independent contractor, is that considered conspiracy? There's nowhere in the statute, it talks about the requirement for independent contractor.
Next in the law, it says that employers must now report independent contractors name, address and social security number. Well, the definition of independent contractors that they're not operating under Social Security number, they are operating under what is called a federal tax ID. That's a specific ID set aside by the Internal Revenue Service for those who operate under independent contractor. Likewise, if you're one person or single person LLC, you also operate under that, or what if you're a partnership, doing a contract? The same thing?
You provide your tax ID? Well, what happens if you don't provide your social security number? Well, put a comment down below. Tell me what do you think happens? We research further and says, All right, well, what are the liabilities for an employee if they don't abide by the codes? As we said, it's a $25 liability to the employer.
Well, what if the employer decides to pressure the employee and independent contractor to provide the information? Well, we found the code 31 USC 3720 D, and it says that IR that if the employee refuses to hire, or if there's questions about the income withholding or anything regarding the employee, employer, I mean, employees, while you may sue in state or federal court, or a court of competent jurisdiction, you ticket take out an action against the employer.
Yes. In other words, you cannot be pressured into the environment, as well as there's attorney fees that can be involved. So that's the remedy for the employer. The employee that is sorry, the employee, that is if the employer decided to pressure you for information, or what about the 1099 worker, the independent contract? What recourse do they have?
Well, here's what we found. US Code 1028, aggravated identity theft. Here is where the federal rule says that if your information is provided, where it's unauthorized, you can make a claim or file a lawsuit under 1028. And the case laws United States of America versus neuron, Joe or Naranjo, Jr. Now, you know this that the child support agency at various states and federal level is watching my videos.
And I encourage them to watch my videos and comment if I made a statement or anything that I've reported. That is incorrect. I welcome that. So, this is a subject this is just part of our research, we found that the aggravated identity theft may apply in a situation like this. And there are penalties associated with this.
We further found again, in my opinion, 22 USC 7102. It says, for any purpose which Allah was not designed, or in order to exert pressure on someone, well, you have an action. There is a problem. It further reads that the it's called involuntary service. Food. That is if a person did not enter into an environment, or they're forced into environment whether, you know, seriously physical, physical harm.
Well, it's called abuse of legal process. This is also another code in which can be used to protect one selves from an employer who decides to pressure you into this program. So, I've raised many issues with this 1099, the new law 1099. And this This, to me, are so many different remedies, discussion that should be had, if you're in the New York area, and you're affected by this, whether prior to the law, or even into law, you have to schedule a consultation. This is not a five minute discussion.
There are so many issues going on. There's so many items in there possible remedies for existing men that are on the chessboard, were independent contractors, as well as the new ones are coming on. And this is not the forum of public forum for this channel to be discussing it, you have to schedule a consultation.
We also provide other tools and techniques on our website called Child Support dot news endler.com. We have courses you can take we have information that we provide a lot that we cannot provide on the on any platform or this platform. If you have any questions on this topic, or any other topic, feel free to send us an email. It's Chrish289@protonmail.com. We also ask that if you're new to this channel, welcome. And please like and subscribe.
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