(42a) OBJECTION DEFENDANT IS CONTESTING PERSONAL JURISDICTION AND MUST DISCHARGE MATTER
(42a) OBJECTION DEFENDANT IS CONTESTING PERSONAL JURISDICTION AND MUST DISCHARGE MATTER
2 Your address
[City, ST ZIP Code]
3
5 [COURT NAME]
6
7
[PLAINTIFF'S NAME], Case No.: [Number]
8
Plaintiff,
9
NOTICE TO MOTION
10 vs.
OBJECTION/CONTESTING
11 SHOWING FACTS THIS COURT
[DEFENDANT'S NAME],
OR TRIBUNAL IS NOT WITHIN
12
Defendant/Father FEDERAL TERRITORY DEFINED
13 UNDER 42 USC SECTION 1301(A)
(1) AND THEREBY LACKED
14
JURISDICTION FOR CHILD
15 SUPPORT ENFORCEMENT
16
UNDER TITLE IV-D OF THE
SOCIAL SECURITY ACT USC
17 SECTION 651-669(b) AND MUST
18 DISMISS THE ORDER OF
SUPPORT TO COMPLY WITH
19
THE FACTS
20
21
22 NOTICE TO MOTION
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OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR
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TRIBUNAL IS NOT WITHIN FEDERAL TERRITORY DEFINED UNDER
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NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 1
1 42 USC SECTION 1301(A)(1) AND THEREBY LACKED JURISDICTION
2
FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE
3
10 1. Comes Now, the Defendant/Father [type in your name, not in capital letters
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and remove brackets] is a living man with blood running through his body
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13
and a citizen of the state1 presenting a record of facts within the Notice of
14 Motion for Objection and Contesting the state child support enforcement
15
agency is not within federal territory defined under 42 USC Section 1301(a)
16
17 (1) term State2 and thereby must dismiss order of support issued under Title
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IV-D of the Social Security Act (42 U.S.C. § 651 et seq.).
19
1
20
“In the Constitution the term state most frequently expresses the combined idea just noticed, of
21 people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
22 by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
2
23
24 (1) The42
State term
U.S.“State”, except Definitions
Code § 1301. where otherwise provided,
(a) When used includes the District of Columbia and the
in this chapter—
Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin
Islands and Guam.
25
NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 2
1 2. It is a fact the defendant/Father [Type in your name and address and then
2
delete brackets] is a living Man with blood flowing through his body and is a
3
4 citizen of the state3 and thereby the court must issue a dismissal for the fact
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the plaintiff did not meet the constitutional minimum of standing by
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showing the Defendant/Father caused an injury in fact.4
15
16 3
17 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
18 citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
19 Court 1869
4
20
“Over the years, our cases have established that the irreducible constitutional minimum of
21 standing contains three elements. First, the plaintiff must have suffered an "injury in fact"—an invasion of a legally
protected interest which is (a) concrete and particularized, see id., at 756; Warth v. Seldin, 422 U. S. 490, 508
22 (1975); Sierra Club v. Morton, 405 U. S. 727, 740-741, n. 16 (1972);[1] and (b) "actual or imminent, not
`conjectural' or `hypothetical,' " Whitmore, supra, at 155 (quoting Los Angeles v. Lyons, 461 U. S. 95, 102 (1983)).
23 Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be
"fairly. . . trace[able] to the challenged action of the defendant, and not . . . th[e] result [of] the independent action
24 of some third party not before the court." Simon v. Eastern Ky. Welfare Rights Organization, 426 U. S. 26, 41-42
(1976). Third, it must be "likely," as opposed to merely "speculative," that the injury will be "redressed by a
favorable decision." Id., at 38, 43” Lujan v. Defenders of Wildlife, 504 US 555 - Supreme Court 1992.
25
NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 3
1 thereby this state cannot interfere with the Defendant/Father’s liberty for the
2
care, custody, and control of his offspring.5
3
4
4. This state court is sanctioned and limited by the adjudicated fact Troxel v.
5
6 Granville, 530 US 57 - Supreme Court 20006 and thereby this state court is
7
sanctioned from entering an order that causes interference with parents'
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13
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5. This motion for objection is a record showing this court must issue a
15 dismissal for lack of jurisdiction for the fact the state child support agency is
16
not a IV-D Agency because it is not located within the territorial boundaries
17
20
"[T] he interest of parents in the care, custody, and control of their children—is perhaps the
21 oldest of the fundamental liberty interests recognized by [the Supreme Court.]" Keates v. Koile, 883 F.3d 1228,
1235-36 (9th Cir. 2018) (quoting Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion)).
22 6
23
"[T] he interest of parents in the care, custody, and control of their children—is perhaps the
24 oldest of the fundamental liberty interests recognized by [the Supreme Court.]" Keates v. Koile, 883 F.3d 1228,
1235-36 (9th Cir. 2018) (quoting Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion)).
7
25
NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 4
1 therefore without federal jurisdiction to issue support under Title IV-D of the
2
Social Security Act (42 U.S.C. § 651 et seq.).
3
4
6. This motion for objection is a record8 showing this court must issue a
5
6 dismissal for lack of jurisdiction for the fact the state child support agency is
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not a IV-D agency because it is not located within the federal territorial
8
15
16
17
18 State 42 U.S. Code § 1301. Definitions (a) When used in this chapter—
(1) The term “State”, except where otherwise provided, includes the District of Columbia and the
19 Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin
Islands and Guam.
8
20
21 Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic
22 or other medium and is retrievable in perceivable form.
9
23
State 42 U.S. Code § 1301. Definitions (a) When used in this chapter—
24 (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.
25
NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 5
1 7. This motion for objection is a record10 showing this court must issue a
2
dismissal for lack of jurisdiction for the fact the state child support agency is
3
4 not a IV-D agency because it is not located within the federal territorial
5
boundaries of the State11 defined under definitions 42 USC Section 1301(a)
6
7
(1) District of Columbia, and the Commonwealth of Puerto Rico, and when
8 used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin
9
Islands and Guam and therefore without federal jurisdiction to issue
10
14
8. This motion for objection is a record showing this court is not located
15
16 within the State defined under 42 USC Section 1301(a)(1) is a fact and proof
17 10
18 Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic
19 or other medium and is retrievable in perceivable form.
11
20
State 42 U.S. Code § 1301. Definitions (a) When used in this chapter—
21 (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
22 Islands and Guam.
12
23
Withholding of income 42 USC § 666(b)(8) For purposes of subsection (a) and this subsection,
24 the term “income” means any periodic form of payment due to an individual, regardless of source, including wages,
salaries, commissions, bonuses, worker’s compensation, disability, payments pursuant to a pension or retirement
program, and interest. https://www.law.cornell.edu/uscode/text/42/666
25
NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 6
1 the state child support agency is not located within the territorial boundaries
2
of District of Columbia, lacks federal jurisdiction to prosecute or subject the
3
7
9. This motion for objection is a record showing this court is located within the
8
13
14
10. This motion for objection is a record showing this court is located within
18 adjudicated fact Byars v. United States, 273 U.S. 28 (1927), it is the duty of
19
courts to be watchful for the constitutional rights of the citizen, and against
20
21
22
23 13
24
Legal process 42 USC § 659(i)(5) The term “legal process” means any writ, order, summons, or
other similar process in the nature of garnishment— https://www.law.cornell.edu/uscode/text/42/659
25
NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 7
1 any stealthy encroachments thereon 14 and thereby must dismiss the order of
2
support.
3
4
11.This objection is a record showing the Defendant/Father never expressed or
5
6 implied consent to enter into a contractual relationship with the state agency
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operating under a state plan for child and spousal support deriving a benefit
8
9 and waiving rights secured by a written state constitution the does not have a
10
support obligation.
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12
12.This objection is a record showing there is no obligation,15 which means an
13
14
established duty, whether or not fixed, arising from an express or implied
18 any overpayment.
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14
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21 “It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any
stealthy encroachments thereon” Byars v. United States, 273 U.S. 28 (1927)
15
22
4 threats of arrest, license suspension, and default judgment and thereby the
5
Defendant/Father’s appearance was not voluntary, but under duress and
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7
grounds for fraud.
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PROSECUTE THE DEFENDANT FOR CHILD SUPPORT
19
ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT
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24
.
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NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 9
1
5
Dated this [day] of [Month], [year].
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Your Name
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NOTICE TO MOTION OBJECTION/CONTESTING SHOWING FACTS THIS COURT OR TRIBUNAL IS NOT
WITHIN FEDERAL TERRITORY DEFINED UNDER 42 USC SECTION 1301(A)(1) AND THEREBY
26
LACKED JURISDICTION FOR CHILD SUPPORT ENFORCEMENT UNDER TITLE IV-D OF THE SOCIAL
SECURITY ACT USC SECTION 651-669(B) AND MUST DISMISS THE ORDER OF SUPPORT TO COMPLY
WITH THE FACTS - 10