Professional Documents
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Federal Offset
Federal Offset
From: [Your Name Address, SSN and Child Support Case Number]
ADMINISTRATIVE OFFSET
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
“State” 42 U.S. Code § 1301(a)(1) – Definitions 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.
3
28 USC Section 3002(15) (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.
4
31 U.S. Code § 3701 - Definitions and application “administrative offset” means withholding
funds payable by the United States (including funds payable by the United States on behalf of a State
government) to, or held by the United States for, a person to satisfy a claim.
1
THE REASON THE UNDERSIGNED IS NOT UNDER THE
SUBCHAPTER IV
brackets] for funds owed to the “United States6” and has received notice that
his federal income taxes has been or will be intercepted for unpaid past-due
child support.
withdraw its intentions for intercepting the federal income taxes for alleged
federal statutes 42 USC Sections 651-669(b) and wishes for the Office of
Secretary of Treasury to acknowledge this fact and comply with the federal
5
42 USC § 664(c) “In this part the term “past-due support” means the amount of a delinquency,
determined under a court order, or an order of an administrative process established under State law,
for support and maintenance of a child (whether or not a minor), or of a child (whether or not a minor)
and the parent with whom the child is living”
6
28 USC Section 3002(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.
2
“State”7(Please refer to footnote # 5) and it is a fact that the undersigned
alleged debtor is not domiciled within this geographical location and the
State child support collection agency is not located within the geographical
over the undersigned alleged debtor and therefore his federal income taxes
7
“State” 42 U.S. Code § 1301(a)(1) – Definitions 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.
42 USC SECTION 652 DUTIES OF SECRETARY (a) Establishment of separate organizational unit;
duties The Secretary shall establish, within the Department of Health and Human Services a separate
organizational unit, under the direction of a designee of the Secretary, who shall report directly to the
Secretary and who shall—
8
"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;
9
“State” 42 U.S. Code § 1301(a)(1) – Definitions 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.
3
HEALTH AND HUMAN SERVICES10 IS WITHOUT PERSONAL
The 42 U.S. Code § 664 - Collection of past-due support from Federal tax
refunds is without personal jurisdiction over the body of [type in your name
and remove brackets] and thereby without a federal statute to enforce the
The undersigned does not recall agreeing to terms for installment repayment
of a loan and thereby without proof of any written contract, the undersigned
alleged debtor is hereinafter a man without debts to the United States and
10
42 USC SECTION 652 DUTIES OF SECRETARY (a) Establishment of separate organizational unit;
duties The Secretary shall establish, within the Department of Health and Human Services a
separate organizational unit, under the direction of a designee of the Secretary, who shall
report directly to the Secretary and who shall—
(1) establish such standards for State programs for locating noncustodial parents, establishing
paternity, and obtaining child support and support for the spouse (or former spouse) with whom
the noncustodial parent’s child is living as he determines to be necessary to assure that such
programs will be effective;
11
NON-ASSUMPSIT- “The general issue in the action of assumpsit; being a plea by which the defendant
avers that “he did not undertake” or promise as alleged.” The Law Dictionary
Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.
4
must be freed from any further communications for repayment of debts by
definition of default.12
The undersigned [type in your name and remove brackets] is requiring the
and comply with fact the undersigned is not under the personal jurisdiction
12
Default- defined by 42 USC SECTION 666(5)(H) “default ” (A)the term “default” means the failure
of a borrower of a loan made under this part to— (i)make an installment payment when due; or
(ii)comply with any other term of the promissory note for such loan,
13
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”
5
____________________________
Please sign your name in front of a Notary Public