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Rebuttal To Child Support Agency's Claimed Default and Child Support Debt or Arrearages

The document is a rebuttal to a child support agency's claim of default in payments, asserting that the author, as a state citizen, was not properly served and thus the agency lacks jurisdiction. It argues that the agency must provide evidence of the custodial parent's eligibility for state assistance to enforce child support obligations. The author demands a response within 10 business days or the matter should be discharged due to lack of jurisdiction and evidence.

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0% found this document useful (0 votes)
42 views17 pages

Rebuttal To Child Support Agency's Claimed Default and Child Support Debt or Arrearages

The document is a rebuttal to a child support agency's claim of default in payments, asserting that the author, as a state citizen, was not properly served and thus the agency lacks jurisdiction. It argues that the agency must provide evidence of the custodial parent's eligibility for state assistance to enforce child support obligations. The author demands a response within 10 business days or the matter should be discharged due to lack of jurisdiction and evidence.

Uploaded by

title.iv.d4
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 17

To: [TYPE IN THE NAME AND ADDRESS OF THE CHILD SUPPORT

AGENCY]

FROM: [TYPE IN YOUR NAME AND ADDRESS]

RE: REBUTTAL TO CLAIMED DEFAULT OF PAYMENTS FOR CHILD

SUPPORT DEBT OBLIGATIONS

The undersigned, [Type in your name and remove brackets] is a state citizen,1 he is

not a private person,2 natural person or person3 and thereby as a state citizen4 he is

unconditionally sovereign5 within this state and not to be confused with a

“sovereign citizen”.

It is a fact the undersigned was not personally served with a summons, citation, or

notice to appear and thereby the State tribunal lacks personal jurisdiction under the

state Uniform Interstate Family Support Act.

1
"One may be a citizen of a State and yet not a citizen of the United States. Thomasson v State, 15 Ind. 449; Cory v
Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis. 443."
Mc Donel v State, 90 Ind. Rep. 320 at pg 323;
2
42 USC SECTION 659 private person (4)The term “private person” means a person who does not have sovereign
or other special immunity or privilege which causes the person not to be subject to legal process.
3
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a corporation.
4
"It will be admitted on all hands that with the exception of the powers granted to the states and the federal
government, through the Constitutions, the people of the several states are unconditionally sovereign within their
respective states." Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.
5
Sovereign as an adjective is defined in five ways by Webster’s Dictionary 1. chief or highest; supreme;
paramount….2. supreme or highest in power; superior in position to all others;chief.3. independent of, and
unlimited by, any other; possessing, or entitled to, original and independent authority or jurisdiction.4.
excellent; efficacious; effectual; controlling.5. of the highest degree; extreme.

1
It is a fact the State tribunal6 must provide evidence showing proof of the time,

date, location and name of the individual personally served the undersigned with a

summons, citation, or notice to appear or the undersigned is not required to

voluntarily appear and participate in the legal process for child support

enforcement.

This communication is a response and a rebuttal that the undersigned cannot be

legally held in default to a State Participation in receiving federal funds under

AFDC, a Title IV-D matter, that the State’s participation is strictly voluntary and is

consistent with a contractual matter and thereby if the State’s participation is

voluntary, then the undersigned participation is voluntary and requires his consent

to participate.

THE FOLLOWING CORROBORATED FACT ARE IN REBUTTAL TO

CLAIMS MADE BY STATE TRIBUNAL ESTABLISHED UNDER 42 USC

SECTION 654 STATE PLAN7 FOR CHILD AND SPOUSAL SUPPORT

THAT THE UNDERSIGNED IS IN DEFAULT AND THEREFORE OWES

A DEBT FOR CHILD SUPPORT AND MUST BEGIN THE PROCESS OF

6
Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or modify support
orders or to determine parentage. The purpose of the Glossary of Common Child Support Terms is to provide
a listing of acronyms and definitions of terms used by child support workers.
https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf
7
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health
plan approved under section 1397ff of this title.

2
MAKING PAYMENTS BY WAGE OR INCOME WITHHOLDING ISSUED

BY A STATE DISBURSEMENT UNIT

1. The undersigned, is presenting adjudicated facts and citing definition of

State under United States Code Title 42 Section 1301 is proof this Tribunal 8

is not located within the geographical area of the District of Columbia, the

Virgin Islands, the Commonwealth of Puerto Rico, Guam and American

Samoa and thereby does not have the required jurisdiction to enforce Title

IV-D Child Support Enforcement and Paternity Establishment9 under

Sections 651-669(b) and without jurisdiction this tribunal cannot force the

undersigned to participate or be subjected to legal process for the State Plan

for child and spousal support under 42 USC Section 654. The child support

agency must provide evidence to rebut these facts or the facts stands as

unrebutted facts and thereby this is matter must be discharged immediately

without terms.

8
Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or modify support
orders or to determine parentage. The purpose of the Glossary of Common Child Support Terms is to provide
a listing of acronyms and definitions of terms used by child support workers.
https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf

9
Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilitate Payment of Child Support Section
101. This executive order: (a) Establishes the executive branch of the Federal Government, through its civilian
employees and Uniformed Services members, as a model employer in promoting and facilitating the establishment
and enforcement of child support. (b) Requires all Federal agencies, including the Uniformed Services, to cooperate
fully in efforts to establish paternity and child support orders and to enforce the collection of child and medical
support in all situations where such actions may be required. (c) Requires each Federal agency, including the
Uniformed Services, to provide information to its employees and members about actions that they should take and
services that are available to ensure that their children are provided the support to which they are legally entitled.

3
2. It is a fact there is no evidence the custodial parent of the offspring is a

recipient10 receiving public assistance or the offspring is in foster-care11and

under 42 USC Section 656 there is no obligation of support and there is no

obligation for the custodial parent to assign support rights to the State under

42 USC Section 608(a)(3)12 and thereby the State child support agency has

no legal authority to collect support from the undersigned on behalf of the

custodial parent. The petitioner must provide evidence that the offspring of

the petitioner is receiving State medical assistance, public assistance or in

foster care as defined under 45 CFR 1355.20(a) obligating the custodial

parent to assign support rights to the State, and without this evidence the

State child support entity is not a unit13 within the corps14 and thereby it is

not properly established under 42 USC Section 654(3) and has absolutely

no authority to collect support from the undersigned on behalf of the

10
42 USC § 1786(m)(10)(C)The term “recipient” means a person or household, as determined by the State, who is
chosen by a State to receive benefits under this subsection, or who is on a waiting list to receive such benefits.
11
Foster Care 45 CFR § 1355.20 - Definitions. means 24-hour substitute care for children placed away from their
parents or guardians and for whom the title IV-E agency has placement and care responsibility. This includes, but is
not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters,
residential facilities, child care institutions, and pre-adoptive homes. A child is in foster care in accordance with this
definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or
local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization
of an adoption, or whether there is Federal matching of any payments that are made.
12
42 U.S. Code § 656. Support obligation as obligation to State; amount; discharge in bankruptcy (a) Collection
processes
(1) The support rights assigned to the State pursuant to section 608(a)(3) of this title or secured on behalf of a child
receiving foster care maintenance payments shall constitute an obligation owed to such State by the individual
responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible
under all applicable State and local processes.
13
42 USC § 12626 Definitions (10)The term “unit” means a unit of the Corps referred to in.
14
42 USC § 254d(a)(3)(A) (A)The term “Corps” means the National Health Service .

4
custodial parent and MUST IMMEDIATELY CEASE AND DESIST OR

PROVIDE PHYSICAL EVIDENCE REBUTTING THESE FACTS

SUPPORTED BY FOOTNOTES AND CITATIONS.

3. It is a fact, that the undersigned is a man and is not a private person15,

natural person or person16 or federal employee of the executive branch of

the United States. The child support agency must provide evidence to rebut

this fact or the fact stands as a rebutted fact and thereby this is matter must

be discharged immediately without terms.

4. It is a fact and not a presumption [TYPE IN YOUR NAME AND

REMOVE BRACKETS] is a State-Citizen born with special privileges

inside the land territory known as the state of [TYPE IN YOUR STATE

AND REMOVE BRACKETS] and thereby that excludes him from legal

process17 for the enforcement of child support and alimony obligations


15
42 USC SECTION 659 private person (4)The term “private person” means a person who does not have sovereign
or other special immunity or privilege which causes the person not to be subject to legal process
16
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a corporation
entity, including a State or local government or an Indian tribe.
17
42 USC §659. Consent by United States to income withholding, garnishment, and similar proceedings for
enforcement of child support and alimony obligations
section (i) definitions (5) Legal process
The term "legal process" means any writ, order, summons, or other similar process in the nature of garnishment-
(A) which is issued by-
(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United
States;
(ii) a court or an administrative agency of competent jurisdiction in any foreign country with which the United
States has entered into an agreement which requires the United States to honor the process; or
(iii) an authorized official pursuant to an order of such a court or an administrative agency of competent
jurisdiction or pursuant to State or local law; and

(B) which is directed to, and the purpose of which is to compel, a governmental entity which holds moneys which
are otherwise payable to an individual to make a payment from the moneys to another party in order to satisfy a
legal obligation of the individual to provide child support or make alimony payments.

5
defined under section (i)(5) definitions of 42 USC Section 659 and therefore

consent is required to participate in Title IV-D program for Child Support

Enforcement. This child support enforcement entity created under 42 USC

Section 654(3) State Plan18 for Child and Spousal Support must respond

within 10 business days with proof the child or children are receiving

benefits under this subchapter1942 USC § 1383(p)(8) for a State child health

plan20 under 42 USC Section 654. Failure to respond within 10 business

days with the demanded proof the child or children are receiving benefits

under this subchapter 42 USC § 1383(p)(8) for a State child health plan or

this child support enforcement entity will default because it has a duty to

provide proof the child or children are receiving benefits to allow the

custodial parent to assign support rights as obligated under 42 USC Section

656 or this proof of default will be brought into a court of proper

jurisdiction and shall stand as evidence this child support entity is without

personal jurisdiction to seize the income of the undersigned sovereign state

citizen.

18
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health
plan approved under section 1397ff of this title.
19
Benefits under this subchapter 42 USC § 1383(p)(8) For purposes of this subsection other than paragraph (7), the
term “benefits under this subchapter” includes State supplementary payments made pursuant to an agreement
undersection 1382e(a) of this title or section 212(b) of Public Law 93–66.
20
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health
plan approved under section 1397ff of this title.

6
5. It is the understanding of the undersigned state citizen that under 42 U.S.

Code § 1382e the child or children must be receiving Supplementary

assistance by State or subdivision to needy individuals or the State cannot

subject the undersigned to participate in State Child Support plan for Child

and Spousal Support under 42 USC Section 654 because the State cannot

obligate the custodial parent to assign support rights under 42 USC Section

654 for receiving assistance because there is no evidence of the child or

children receiving benefits under a State health plan. This child support

enforcement entity created under 42 USC Section 654(3) State Plan21 for

Child and Spousal Support must respond within 10 business days with a

written rebuttal or this child support enforcement entity will default and this

fact shall stand as evidence of truth presented as evidence with an injunction

filed in a court of proper jurisdiction.

6. It is a fact, that under the federal Uniform Interstate Family Support Act and

State Uniform Interstate Family Support Act the consent of residents and

nonresidents are required and the undersigned claimed

Payor/Debtor22/Obligor23 has not requested nor consented to legal process

21
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health
plan approved under section 1397ff of this title.
22
DEBTOR -The term debtor is defined in Black’s Law Dictionary ninth edition [Page 464] as “One who owes an
obligation to another.” “An obligation to pay money.”
23
OBLIGOR – “One who has undertaken an obligation”

7
by an IV-D Agency24 and thereby it is a fact he is not subjected to Wage

withholding25 issued by this State Title IV-D Child Support Enforcement

Agency under Section 101 of Executive Order 1295326.

7. It is a fact, that without the consent by the undersigned claimed

Debtor/Obligor, a planned cooperation is consistent Conspiracy to Deprive

Rights are being perpetrated in this State under the authority of 42 USC

24
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act. 45 CFR 303.1
Definitions
25
Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilitate Payment of Child Support Sec. 301.
Wage Withholding. (a) Within 60 days from the date of this order, every Federal agency shall review its procedures
for wage withholding under 42 U.S.C. 659 and implementing regulations to ensure that it is in full compliance with
the requirements of that section, and shall endeavor, to the extent feasible, to process wage withholding actions
consistent with the requirements of 42 U.S.C. 666(b). (b) Beginning no later than July 1, 1995, the Director of the
Office of Personnel Management (OPM) shall publish annually in the Federal Register the list of agents (and their
addresses) designated to receive service of withholding notices for Federal employees.

26
Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilitate Payment of Child Support Section
101. This executive order: (a) Establishes the executive branch of the Federal Government, through its civilian
employees and Uniformed Services members, as a model employer in promoting and facilitating the establishment
and enforcement of child support. (b) Requires all Federal agencies, including the Uniformed Services, to cooperate
fully in efforts to establish paternity and child support orders and to enforce the collection of child and medical
support in all situations where such actions may be required. (c) Requires each Federal agency, including the
Uniformed Services, to provide information to its employees and members about actions that they should take and
services that are available to ensure that their children are provided the support to which they are legally entitled.

8
Section 654(7)27, 45 CFR 302.4328, 303.10729 for a POC or Plan of

Cooperation to be made between the county law enforcement officials, such

as district attorneys, attorneys general, and similar public attorneys and

prosecutors; corrections officials; who have a financial interest for the

purpose of receiving federal Title IV-D funds for enforcement of child

support enforcement inside a courthouse to give the impression that a court

27
42 USC Section 654(7) provide for entering into cooperative arrangements with appropriate courts and law
enforcement officials and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of section 5304
of title 25) (A) to assist the agency administering the plan, including the entering into of financial arrangements
with such courts and officials in order to assure optimum results under such program, and (B) with respect to any
other matters of common concern to such courts or officials and the agency administering the plan;
28
§ 302.34 Cooperative arrangements.
The State plan shall provide that the State will enter into agreements, which are reflected in a record, for
cooperative arrangements under § 303.107 of this chapter with appropriate courts; law enforcement officials, such
as district attorneys, attorneys general, and similar public attorneys and prosecutors; corrections officials; and
Indian Tribes or Tribal organizations. Such arrangements may be entered into with a single official covering more
than one court, official, or agency, if the single official has the legal authority to enter into arrangements on behalf
of the courts, officials, or agencies. Such arrangements shall contain provisions for providing courts and law
enforcement officials with pertinent information needed in locating noncustodial parents, establishing paternity
and securing support, to the extent that such information is relevant to the duties to be performed pursuant to the
arrangement. They shall also provide for assistance to the IV-D agency in carrying out the program, and may relate
to any other matters of common concern. Under matters of common concern, such arrangements may include
provisions for the investigation and prosecution of fraud directly related to paternity and child and spousal
support, and provisions to reimburse courts and law enforcement officials for their assistance.
29
§ 303.107 Requirements for cooperative arrangements.
The State must ensure that all cooperative arrangements:

(a) Contain a clear description of the specific duties, functions and responsibilities of each party;

(b) Specify clear and definite standards of performance which meet Federal requirements;

(c) Specify that the parties will comply with title IV-D of the Act, implementing Federal regulations and any other
applicable Federal regulations and requirements;

(d) Specify the financial arrangements including budget estimates, covered expenditures, methods of determining
costs, procedures for billing the IV-D agency, and any relevant Federal and State reimbursement requirements and
limitations;

(e) Specify the kind of records that must be maintained and the appropriate Federal, State and local reporting and
safeguarding requirements; and

(f) Specify the dates on which the arrangement begins and ends, any conditions for revision or renewal, and the
circumstances under which the arrangement may be terminated.

9
matter is being adjudicated, when in fact it is a carefully planned conspiracy

between all the aforementioned parties to establish and enforce void

judgments called support orders, that are coram non-judice 30and absolutely

void31 because the support orders were made in violation of due process by

judge surrogates, again, to give the impression that a court matter is being

adjudicated.

8. It is a fact, that States participation in Title IV-D is voluntary 32 to receive

federal funds under Aid to Families with Dependent Children (AFDC), for

which the State Child Support Enforcement entity is required to follow the

guidelines under 42 USC Sections 651-669(b)33.

9. It is a verified fact the undersigned claimed Debtor/Obligor is not a member

of the United States Uniformed Services34 and thereby not legally subjected

30
What is CORAM NON-JUDICE? In presence of a person not a judge. When a suit is brought and determined in a
court which has no jurisdiction in the matter, then it is said to be coram non-judice, and the judgment is void.
Manufacturing Co. v. Holt, 51 W. Va. 352, 41 S. E. 351
31
“If the petition filed in the State court before trial, and duly verified by the oath of the defendants, exhibited a
sufficient ground for a removal of the prosecutions into the Circuit Court of the United States, they were in legal
effect thus removed, and the writ of habeas corpus was properly issued. All proceedings in the State court
subsequent to the removals were Coram non-judice and absolutely void.” VIRGINIA v. RIVES, 100 US 313-SUPREME
COURT 1880
32
“Although state participation in the Social Security Act itself is mandatory, participation by a state in the IV-D
program is voluntary. It is enacted pursuant to the spending power of Congress. Case law interpretation of
Congress' power to legislate pursuant to the spending power has recognized that when Congress fixes the terms on
which it shall disburse federal money to the state, it is much in the nature of a contract: in return for federal funds,
the states agree to comply with federally imposed conditions.” Wehunt v. Ledbetter, 875 F. 2d 1558 - Court of
Appeals, 11th Circuit 1989
33
Blessing v. Freestone, 520 US 329 - Supreme Court 1997 The structure of each State's Title IV—D agency, like
the services it provides, must conform to federal guidelines. For example, States must create separate units to
administer the plan, § 654(3), and to disburse collected funds, § 654(27), each of which must be staffed at levels
set by the Secretary, 45 CFR § 303.20 (1995)
34
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 202. "Uniformed Services" means the Army, Navy, Marine
Corps, Air Force, Coast Guard, and the Commissioned Corps of the National Oceanic and Atmospheric
Administration, and the Public Health Service.

10
to State Title IV-D Child Support Enforcement under Executive Order

12953 and thereby this State Title IV-D Child Support

Collection/Enforcement Agency enforcing State Child Support laws

established under 42 USC Section 654(20) must immediately cease and

desist its State Child Support Enforcement actions, including to seize child

support from the undersigned [type in your name and remove brackets]

income by issuance of Wage withholding (See Footnote) aka income

withholding order.

10.It is a verified fact the undersigned claimed Debtor/Obligor is not a federal

employee for a Federal agency35 or Executive agency36 and thereby not

subjected to Child Support Enforcement.

11.It is a verified fact the undersigned claimed Debtor/Obligor is not domiciled

within the geographical area of the term “State” defined in 42 USC Section

651-669b37 and thereby for this State to qualify for federal AFDC funds, the

State must certify that it will operate a child support enforcement program

that conforms with the numerous requirements and definitions of terms

set forth in Title IV-D 42 U. S. C. §§ 651-669b.

35
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 201. "Federal agency" means any authority as defined at 5
U.S.C. 105, including the Uniformed Services, as defined in section 202 of this order.
36
5 USC Section 105 For the purpose of this title, “Executive agency” means an Executive department, a
Government corporation, and an independent establishment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)
37
The Supreme Court in Matter Blessing v. Freestone, 520 US 329 - Supreme Court 1997 stated “To qualify for
federal AFDC funds, the State must certify that it will operate a child support enforcement program that conforms
with the numerous requirements set forth in Title IV—D of the Social Security Act, 42 U. S. C. §§ 651-669b”

11
12.The undersigned has not consented nor requested Expedited Processes38

under 45 CFR 303.101 by an IV-D Agency39 and thereby he is not subjected

to the procedures40 for child support collections. On a standard IWO it

states the following of page 2 of 4 “ Priority: Withholding for support has

priority over any other legal process under State law (“State” is spelled

with an uppercase ‘S’ which indicates the State is incorporated as opposed

to “state” with lowercase ‘s’ means the land mass) against the same

income (section 466(b)(7) of Social Security Act). If a federal tax levy is in

effect, please notify the sender.” 466(b)(7) was amended to 666(b)(7) of 42

USC and the term “State” is defined under 42 USC Section 1301 as “(a)

When used in this chapter—(1) The term ‘‘State’’, except where otherwise

provided, includes the District of Columbia and the Commonwealth of

Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI of

this chapter includes the Virgin Islands and Guam.”

38
45 CFR § 303.101 - Expedited processes.
(a)Definition. Expedited processes means administrative and judicial procedures (including IV-D agency
procedures) required under section 466(a)(2) and (c) of the Act;
39
IV-D Agency
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act.
40
Procedures - Procedures means a set of instructions in a record which describe in detail the step by step actions
to be taken by child support enforcement personnel in the performance of a specific function under the State's IV-D
plan. The IV-D agency may issue general instructions on one or more functions, and delegate responsibility for the
detailed procedures to the office, agency, or political subdivision actually performing the function.

12
13.It is a fact, that under 42 U.S. Code § 654. State plan for child and spousal

support41 each State42 enters into a State plan43 Title IV-D Child Support

Enforcement entity enters into a cooperative agreements under 42 USC

Section 654(7) provide for entering into cooperative arrangements44 with

appropriate45 courts and law enforcement46 officials and Indian tribes or

tribal organizations (as defined in subsections (e) and (l) of section 5304 of

title 25) (A) to assist the agency47 administering the plan48, including the

41
https://www.law.cornell.edu/uscode/text/42/654
42
42 USC Section 1301(a) When used in this chapter—
(1) The term “State”, except where otherwise provided, includes the District of Columbia and the Commonwealth
of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such
term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term when used in subchapter V
and in part B of this subchapter also includes American Samoa, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
43
42 USC § 1397jj(c) (7)Unless the context otherwise requires, the terms “State child health plan” and “plan” mean
a State child health plan approved under.
44
42 USC Section 1395x(w)(1) The term “arrangements” is limited to arrangements under which receipt of
payment by the hospital, critical access hospital, skilled nursing facility, home health agency, or hospice program
(whether in its own right or as agent), with respect to services for which an individual is entitled to have payment
made under this subchapter, discharges the liability of such individual or any other person to pay for the services.
45
42 USC Section 1395kk-1(a)(3)(B)With respect to the performance of a particular function in relation to an
individual entitled to benefits under part A or enrolled under part B, or both, a specific provider of services or
supplier (or class of such providers of services or suppliers), the “appropriate” medicare administrative contractor
is the medicare administrative contractor that has a contract under this section with respect to the performance of
that function in relation to that individual, provider of services or supplier or class of provider of services or
supplier.
46
42 USC § 1397j(13)The term “law enforcement” means the full range of potential responders to elder abuse,
neglect, and exploitation including— (A)police, sheriffs, detectives, public safety officers, and corrections
personnel; (B)prosecutors; (C)medical examiners; (D)investigators; and (E)coroners.
47
42 USC § 8262 (1) the term “agency” means 2 has the meaning given such term in section 551(1) of title 5,
except that such term does not include the United States Postal Service;
48
42 USC Section 1301 (a)(10)The term “Administration” means the Social Security Administration, except where
the context requires otherwise. (b)The terms “includes” and “including” when used in a definition contained in this
chapter shall not be deemed to exclude other things otherwise within the meaning of the term defined.
(c)Whenever under this chapter or any Act of Congress, or under the law of any State, an employer is required or
permitted to deduct any amount from the remuneration of an employee and to pay the amount deducted to the
United States, a State, or any political subdivision thereof, then for the purposes of this chapter the amount so
deducted shall be considered to have been paid to the employee at the time of such deduction. (d)Nothing in this
chapter shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the
provisions of this chapter, to take charge of any child over the objection of either of the parents of such child, or of
the person standing in loco parentis to such child.

13
entering into of financial arrangements with such courts and officials in

order to assure optimum results under such program, and (B) with respect to

any other matters of common concern to such courts or officials and the

agency administering the plan;

14.It is a fact, that this State is not within the geographical area of the District

of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam

and American Samoa for this State to have the authority and jurisdiction to

administer 42 U.S. Code § 654. State plan for child and spousal support and

thereby the undersigned must consent to participate in the State plan for

child and spousal support and without consent or evidence of the

undersigned signature on a promissory note for repayment of a debt for

child support, the undersigned cannot be held in default49as defined by 42

USC § 292q(c)(3)(A) used in 42 USC Section 666(5) (H)Default orders.—

Procedures requiring a default order to be entered in a paternity case upon a

showing of service50 of process on the defendant and any additional

showing required by State51 law.

49
42 USC § 292q(c)(3)(A) The term “default” means the failure of a borrower of a loan made under this subpart to
— (i)make an installment payment when due; or (ii)comply with any other term of the promissory note for such
loan,
50
“There is hereby established in and as a part of the Department of Commerce a Community Relations Service
(hereinafter referred to as the “Service”), which shall be headed by a Director who shall be appointed by the
President with the advice and consent of the Senate for a term of four years. The Director is authorized to appoint,
subject to the civil service laws and regulations, such other personnel as may be necessary to enable the Service to
carry out its functions and duties, and to fix their compensation in accordance with chapter 51 and subchapter III of
chapter 53 of title 5.” 42 USC § 2000g
51
42 USC Section 1301(a) When used in this chapter—

14
15.It is a fact, that the State Child Support Enforcement entity is not a Title IV-

D agency52 because the State is not within the geographical area of the

definition of State, under 42 USC Section 1301, which includes 42 USC

Sections 651-669(b), and thereby cannot enforce United States Codes for

title IV-D child support enforcement. rebutting the claims by the Creditor, a

Child Support Enforcement Agency established under 42 USC Section

654(3), that is acting on behalf of the State to receive federal funds under

AFDC.

16. It is a fact this child support entity must cease and desist because 42 USC

Section 654 State plan for child and spousal support is applicable ONLY to

a child or children receiving child health assistance under the plan53 in a

State54 defined under 42 USC Section 1301(a) and without proof a child is

(1) The term “State”, except where otherwise provided, includes the District of Columbia and the Commonwealth
of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such
term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term when used in subchapter V
and in part B of this subchapter also includes American Samoa, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
52
IV-D Agency
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act.
53
child health assistance
(a)For purposes of this subchapter, the term “child health assistance” means payment for part or all of the cost of
health benefits coverage for targeted low-income children that includes any of the following (and includes, in the
case described in, payment for part or all of the cost of providing any of the following), as specified under the State
plan: 42 USC § 1397jj(c)(7)
54
42 USC Section 1301(a) When used in this chapter—
(1) The term “State”, except where otherwise provided, includes the District of Columbia and the Commonwealth
of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such
term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term when used in subchapter V
and in part B of this subchapter also includes American Samoa, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.

15
domiciled within a State defined under 42 USC Section 1301(a), then this

child support enforcement entity is not a IVD Agency55 without lawful

authority to execute income withholding under 42 USC Section 666(A)(1)

(a) or (b)(5) and must immediately cease and desist its collection actions.

17. It is a fact this child support collection entity is not within the State defined

by 42 USC Section 1301(a) and thereby not being within the geographical

area under this subchapter XIX, this child support collection entity is not a

IVD agency56 and thereby does not have the authority and jurisdiction under

42 USC Section 654(b) Collection and disbursement of support payments to

operate a disbursement unit under 654(27) and thereby this child support

collections entity is prohibited from acting under 42 USC Section 666(A)(1)

(a) or (b) in seizing wages or income by issuing income withholding or

wage withholding and must immediately cease and desist.

18. It is a fact, that the undersigned and his offspring are not receiving child

health assistance and thereby not obligated to pay support under 42 USC

Section 656 in return for receiving child healthcare under the State plan for

child and spousal support under 42 USC Section 654.

55
IV-D Agency
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act.
56
IV-D Agency
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act.

16
THE CHILD SUPPORT ENFORCEMENT AND PATERNITY

ESTABLISHMENT ENTITY ISSUING INCOME WITHHOLDING

ORDERS AGAINST THE UNDERSIGNED MUST PROVE IT IS A TITLE

IVD AGENCY RESPONSIBLE FOR THE ADMINISTERING OR

SUPERVISING OF THE STATE CHILD HEALTH PLAN AKA PLAN

DEFINED UNDER 42 USC § 1397jj(c)(7)57 FOR CHILD HEALTH

ASSISTANCE OR IT MUST IMMEDIATELY TERMINATE CHILD

SUPPORT ENFORCEMENT UNDER TITLE 42 USC 651-669(b) OR MUST

RESPOND WITHIN 5 BUSINESS DAYS BY USPS REGISTERED MAIL

WITH EVIDENCE IN REBUTTAL TO THE FACT THIS CHILD

SUPPORT COLLECTION ENTITY IS NOT AN AUTHORIZED TITLE

IVD AGENCY UNDER 42 USC SECTION 654(3) FOR ADMINISTERING

AND SUPERVISING CHILD HEALTHCARE AKA PLAN

_____________________________
TYPE IN YOUR NAME

57
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health
plan approved under section 1397ff of this title.

17

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