Demand For Dismissal of Child Support Enforcement Proceedings

1 Your name
2 Your address
[City, ST ZIP Code]
3
5 [COURT NAME]
6
7
[PLAINTIFF'S NAME], Case No.: [Number]
8
Plaintiff,
9
NOTICE TO
10 vs.
COURTDEFENDANT/FATHER
11 DEMANDS FOR DISMISSAL OF
[DEFENDANT'S NAME],
PROCEEDINGS FOR CHILD
12
Defendant/Father SUPPORT ENFORCEMENT FOR
13 THE DEFENDANT/FATHER IS
NOT A MEMBER OF THE
14
UNIFORMED FORCES NOR
15 EMPLOYEE OF A FEDERAL
16
AGENCY AND THEREBY NOT
SUBJECTED TO TITLE IV-D
17 CHILD SUPPORT
18 ENFORCEMENT AS DEFINED BY
EXECUTIVE ORDER 12953
19
20 NOTICE TO COURT
21
DEFENDANT/FATHER DEMANDS FOR DISMISSAL OF
22
PROCEEDINGS FOR CHILD SUPPORT ENFORCEMENT FOR THE
23
24 DEFENDANT/FATHER IS NOT A MEMBER OF THE UNIFORMED

25
1
NOTICE TO COURTDEFENDANT/FATHER DEMANDS FOR DISMISSAL OF PROCEEDINGS FOR
26
CHILD SUPPORT ENFORCEMENT FOR THE DEFENDANT/FATHER IS NOT A MEMBER OF THE
UNIFORMED FORCES NOR EMPLOYEE OF A FEDERAL AGENCY AND THEREBY NOT SUBJECTED
TO TITLE IV-D CHILD SUPPORT ENFORCEMENT AS DEFINED BY EXECUTIVE ORDER 12953 -
1 FORCES NOR EMPLOYEE OF A FEDERAL AGENCY AND THEREBY
2
NOT SUBJECTED TO TITLE IV-D CHILD SUPPORT ENFORCEMENT
3
4 AS DEFINED BY EXECUTIVE ORDER 12953
5 Comes now, [Type in your name] has received notice that he must appear inside
6
this court and participate in State title IV-D Child Support Enforcement
7
8 proceedings or he will be held in default, his license suspended and may be

9
arrested.
10
11
The alleged Defendant/Father is a living man with unalienable rights
12
13 secured by the law of the land and a State Citizen1 and thereby he cannot be
14
subjected to legal process2 inside a state Court or administrative tribunal3 without
15
his consent.
16
17 1
18 " 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
19 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
20 Court 1869
2
21
22 42 USC § 659(i)(5)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
3
23
24 Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or

CHILD SUPPORT TERMS Office of Child Support Enforcement
https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf
25
2
26
1 Furthermore, it is a published fact under Uniform Interstate Family
2
Support Act or UIFSA where is says the State requires consent under Article 2
3
4 Section 201(a)(1)(2) and thereby the undersigned has provided a published fact to
5
prove he has merit to require this court to provide proof that it has the required
6
7
personal jurisdiction over his body to force his appearance to participate in legal
8 process4 for child support enforcement proceedings under 42 USC Section 651-
9
669(b).
10
11
In accordance with Uniform Interstate Family Support Act the
12
13 Defendant/Father is required to file responsive document as a record the

14
undersigned alleged Defendant/Father is not waiving personal jurisdiction and
15
16 thereby not submitting to the jurisdiction of the state.
17
18 It is a fact the undersigned Defendant/Father’s consent was and is

19
required to submit to the jurisdiction of the state and thereby without evidence of
20
21
22 4
23
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
24 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;
25
3
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1 the Defendant/Father’s signature on a loan he cannot be held in default as claimed
2
by this court in the notice to appear.
3
4
Thereby, as a state citizen this state court or administrative tribunal is
5
6 prohibited to deny due process by presuming the undersigned State Citizen is a

7
private person5 or person6 who may subjected to legal process,7 quasi-judicial
8
9 proceedings.8
10
UNDER UNIFORM INTERSTATE FAMILY SUPPORT ACT
11
OR UIFSA ARTICLE 2 SECTION 201(a)(1)(2) THE UNDERSIGNED
12
13 DEFENDANT/FATHER IS REQUIRED TO CONSENT OR WAIVE HIS

14
RIGHT TO CONTEST BY MAKING A GENERAL APPEARANCE ON
15
16 5
17 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.
6
18
19 42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a

corporation.
7
20
21 42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
22 jurisdiction in any State, territory, or possession of the United States;
8
23
Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official
24 that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial
proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
a judge.
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4
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1 RECORD AND THEREBY THIS RESPONSE DOCUMENT IS EVIDENCE
2
THAT THE UNDERSIGNED DEFENDANT/FATHER IS NOT WAIVING
3
4 HIS RIGHT TO CONTEST THAT THE STATE DOES NOT HAVE
5 PERSONAL JURISDICTION
6
1. It is a fact that the court or administrative tribunal is prohibited to presume
7
8 he is a private person9 without special privileges and immunities and thereby
9 can be subjected to legal process,10 quasi-judicial proceedings.11

10
2. It is a fact, the Declaration of Independence specifies that all just powers of
11
12
government derive from the consent of the governed, and thereby the [type
13 in your state] child support enforcement agency established under 42 USC

14
Section 654(3) is required to provide proof [Type in your name and remove
15
16
the brackets] informed consent12 to be governed by it.
17
9
18
42 USC SECTION 659 private person (4)The term “private person” means a person who does
19 not have sovereign or other special immunity or privilege which causes the person not to be subject to legal process.
10
20
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
21 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;
11
22
23 Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official

that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial
24 proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
a judge.
12
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5
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1 3. It is an adjudicated fact13 Gardina v. Board of Registers 48 So. 788, 169 Ala.
2
155 (1909) supporting the claim the undersigned Defendant/Father can be a
3
4 state citizen, while not being a Citizen14 of the United States15. The petitioner
5 must provide evidence to rebut this fact or the fact stands as a rebutted fact
6
and thereby this is matter must be discharged immediately without terms.
7
8 4. It is a fact the undersigned Defendant/Father is a living man with blood
9 flowing through his body is evidence he is not a natural person or person16

10
and thereby this court lacks personal jurisdiction because the undersigned is
11
12
Informed Consent “An agreement to do something or to allow something to happen, made with
13 complete knowledge of all relevant facts, such as the risks involved or any available alternatives.”
https://www.law.cornell.edu/wex/informed_consent
14 13
15 "There are two classes of citizens, citizens of the United States and of the State. And one may be a
citizen of the former without being a citizen of the latter" Gardina v. Board of Registers 48 So. 788, 169 Ala. 155
16 (1909)
14
17
“The privileges and immunities clause of the Fourteenth Amendment protects very few rights
18 because it neither incorporates any of the Bill of Rights nor protects all rights of individual citizens. See Slaughter-
House Cases, 83 U.S. (16 Wall.) 36, 21 L. Ed. 394 (1873). Instead, this provision protects only those rights
19 peculiar to being a citizen of the federal government; it does not protect those rights which relate to state
citizenship. Id. Accordingly, it is not necessary that plaintiffs have non-resident status in order to bring a claim
20 under the privileges and immunities clause of the Fourteenth Amendment. As discussed below in section E(a),
however, plaintiffs have failed to state a claim under the privileges and immunities clause of the Fourteenth
21 Amendment.”
15
22
42 U.S. Code § 1302 (2) The term “United States” when used in a geographical sense means,
23 except where otherwise provided, the States.
16
24
42 U.S. Code § 1301(a)- (3) The term “person” means an individual, a trust or estate, a
partnership, or a corporation.
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6
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1 not a non-resident corporation. For this court or tribunal to object to this fact
2
it must respond with a written rebuttal or this court or tribunal will default
3
4 and this fact shall stand as truth this court or tribunal lacks personal
5
jurisdiction to order the undersigned Defendant/Father to appear and thereby
6
7
must discharge matter and cease and desist sending communications.
9 5. It is a fact the undersigned Defendant/Father is not domiciled within the

10
State17 and thereby he is not a federal citizen or federal employee bound
11
under the statutes and codes for the federal government of the United
12
13 States18 and its federal citizens and employees. This fact requires that this
14
court or tribunal must object to this fact and it must respond with a written
15
16 rebuttal that fully clarifies its reasons why the aforementioned fact presented
17
by the undersigned that he is not a federal citizen nor a federal employee
18
19
20
17
21
42 USC Section 1301 “State” means any of the several States, the District of Columbia, the
22 Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the
United States.
18
23
24 28 U.S. Code § 3002 - Definitions (15) “United States” means—(A) a Federal corporation; (B) an
agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United
States.
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1 bound by federal statutes and codes while a nonresident domiciled outside
2
the federal jurisdiction of Washington D.C..
3
4
6. Failure to respond with written rebuttal to the facts presented in this notice
5
6 of motion will result in a default judgment cf. federal rule 55 and this default
7
judgment shall stand as truth this court or tribunal lacks personal jurisdiction
8
9 to order the undersigned Defendant/Father to appear and thereby must

10
discharge matter and cease and desist sending communications.
11
12
7. It is a fact the undersigned Defendant/Father is innocent until proven guilty
13
14
and thereby cannot be called a debtor,19or obligor until a final judgment
15 listing evidence to support its claim the Defendant/Father is a debtor or the

16
court or tribunal must discharge this matter immediately. The petitioner
17
must provide evidence to rebut this fact or the fact stands as a rebutted fact
18
19 and thereby this is matter must be discharged immediately without terms by

20
this court.
21
22
23 19
24
28 U.S. Code § 3002 - Definitions (4) “Debtor” means a person who is liable for a debt or against
whom there is a claim for a debt.
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8
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1 8. It is a fact the Defendant/Father is not an individual20 and thereby this court
2
or tribunal lacks personal jurisdiction to prosecute. For this court or tribunal
3
4 to object to this fact it must respond with a written rebuttal or this court or
5
tribunal will default and this fact shall stand as truth this court or tribunal
6
7
lacks personal jurisdiction to order the undersigned Defendant/Father to
8 appear and thereby must discharge matter and cease and desist sending
9
communications.
10
11
9. It is a fact the Defendant/Father is a state citizen and a living man and
12
13 thereby free from legal process21. For this court or tribunal to object to this
14
fact it must respond with a written rebuttal or this court or tribunal will
15
16 default and this fact shall stand as truth this court or tribunal lacks personal
17 20
18 42 U.S. Code § 1301. Definitions (a) (3) The term “person” means an individual, a trust or estate,
a partnership, or a corporation.
19 21
20 Legal process (5)The term “legal process” means any writ, order, summons, or other similar
21 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
22 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
23 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
24 individual to provide child support or make alimony payments.
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9
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1 jurisdiction to order the undersigned Defendant/Father to appear and thereby
2
3
4
10. It is a fact the Defendant/Father is not a non-resident22 and thereby cannot
5
6 be prosecuted under Uniform Interstate Family Support Act Extended

7
Personal Jurisdiction Section 201(2) Bases for Jurisdiction Over
8
9 Nonresident. For this court or tribunal to object to this fact it must respond
10
with a written rebuttal or this court or tribunal will default and this fact shall
11
stand as truth this court or tribunal lacks personal jurisdiction to order the
12
13 undersigned Defendant/Father to appear and thereby must discharge matter

14
and cease and desist sending communications.
15
16
11. It is a fact the Defendant/Father is not a non-resident and thereby this court
17
18 or tribunal lacks personal jurisdiction to prosecute the Defendant/Father. For

19
this court or tribunal to object to this fact it must respond with a written
20
21
22
22
17 CFR § 240.15Ba1-1 Definitions (j)Non-resident means:(1) In the case of an individual, one
23 who resides in or has his principal office and place of business in any place not subject to the jurisdiction of the
United States; (2) In the case of a corporation, one incorporated in or having its principal office and place of
24 business in any place not subject to the jurisdiction of the United States; or (3) In the case of a partnership or other
unincorporated organization or association, one having its principal office and place of business in any place not
subject to the jurisdiction of the United States.
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1 rebuttal or this court or tribunal will default and this fact shall stand as truth
2
this court or tribunal lacks personal jurisdiction to order the undersigned
3
4 Defendant/Father to appear and thereby must discharge matter and cease and
5
desist sending communications.
6
7
12. It is a fact the Defendant/Father a state citizen and living man and thereby
8 not under the personal jurisdiction of any court or tribunal enforcing the
9
Uniform Interstate Family Support Act. For this court or tribunal to object to
10
11 this fact it must respond with a written rebuttal or this court or tribunal will
12
default and this fact shall stand as truth this court or tribunal lacks personal
13
jurisdiction to order the undersigned Defendant/Father to appear and thereby
14
15 must discharge matter and cease and desist sending communications.

16
17
13. It is a fact the Defendant/Father is not a non-resident and thereby not under
18
the personal jurisdiction of any court or tribunal enforcing the State statute
19
20 Uniform Interstate Family Support Act. For this court or tribunal to object to
21
this fact it must respond with a written rebuttal or this court or tribunal will
22
23 default and this fact shall stand as truth this court or tribunal lacks personal
24
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11
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2
3
4
14. It is a fact the Defendant/Father is not under the personal jurisdiction of this
5
6 court or tribunal. For this court or tribunal to object to this fact it must
7
respond with a written rebuttal or this court or tribunal will default and this
8
9 fact shall stand as truth this court or tribunal lacks personal jurisdiction to
10
order the undersigned Defendant/Father to appear and thereby must
11
12
13
14
15. It is a fact this court or tribunal is not within the geographical location of the
15 definition of “State23”. For this court or tribunal to object to this fact it must
16
respond with a written rebuttal or this court or tribunal will default and this
17
18 fact shall stand as truth this court or tribunal lacks personal jurisdiction to
19
order the undersigned Defendant/Father to appear and thereby must
20
21
22 23
23
28 USC Section 3002(14)“State” means any of the several States, the District of Columbia, the
24 Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the
United States.
25
12
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1 16. It is a fact, before a court can exercise power over a party, the U.S.
2
Constitution requires that the party has certain minimum contacts with the
3
4 forum in which the court sits24. For this court or tribunal to object to this fact
5
it must respond with a written rebuttal or this court or tribunal will default
6
7
and this fact shall stand as truth this court or tribunal lacks personal

9
10
11
A DISMISSAL IS REQUIRED AND THEREBYTHIS
12
13 TRIBUNAL IS WITHOUT PERSONAL JURISDICTION AND MUST

14
BRING FORTH EVIDENCE TO PROVE PERSONAL JURISDICTION
15
16 AND FAILURE TO BRING FORTH EVIDENCE TO PROVE PERSONAL
17
JURISDICTION IS AN ACT OF TRESPASS FOR FAILURE TO COMPLY
18
WITH DUE PROCESS
19
20
21
22
Dated this [day] of [Month], [year].
23 24
24
“Historically the jurisdiction of courts to render judgment in personam is grounded on their de
facto power over the Defendant/Father's person.” International Shoe v Washington, 326 US 310 (1945)
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2 Your Name
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Demand For Dismissal of Child Support Enforcement Proceedings

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Demand For Dismissal of Child Support Enforcement Proceedings

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1 Your name

24 DEFENDANT/FATHER IS NOT A MEMBER OF THE UNIFORMED

4 AS DEFINED BY EXECUTIVE ORDER 12953

8 proceedings or he will be held in default, his license suspended and may be

24 Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or

13 Defendant/Father is required to file responsive document as a record the

16 thereby not submitting to the jurisdiction of the state.

18 It is a fact the undersigned Defendant/Father’s consent was and is

6 prohibited to deny due process by presuming the undersigned State Citizen is a

13 DEFENDANT/FATHER IS REQUIRED TO CONSENT OR WAIVE HIS

19 42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a

4 HIS RIGHT TO CONTEST THAT THE STATE DOES NOT HAVE

8 he is a private person9 without special privileges and immunities and thereby

9 can be subjected to legal process,10 quasi-judicial proceedings.11

13 in your state] child support enforcement agency established under 42 USC

23 Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official

8 4. It is a fact the undersigned Defendant/Father is a living man with blood

9 flowing through his body is evidence he is not a natural person or person16

9 5. It is a fact the undersigned Defendant/Father is not domiciled within the

9 to order the undersigned Defendant/Father to appear and thereby must

15 listing evidence to support its claim the Defendant/Father is a debtor or the

19 and thereby this is matter must be discharged immediately without terms by

6 be prosecuted under Uniform Interstate Family Support Act Extended

13 undersigned Defendant/Father to appear and thereby must discharge matter

18 or tribunal lacks personal jurisdiction to prosecute the Defendant/Father. For

15 must discharge matter and cease and desist sending communications.

8 jurisdiction to order the undersigned Defendant/Father to appear and thereby

13 TRIBUNAL IS WITHOUT PERSONAL JURISDICTION AND MUST

16 AND FAILURE TO BRING FORTH EVIDENCE TO PROVE PERSONAL

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