Federal Title IV 'Welfare' Part D 'Child Support' (Law) Education & Awareness

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Follow the Title IV-D money machine.







*Const 1963, art 6, § 1

“The judicial power of the state is vested exclusively in one court of justice . . . .”

Michigan Courts - One Court of Justice
Michigan Legislature - Article VI § 1

The reason the [equity] family court was created was so the judges from the [criminal] circuit court would not have to hear both murder trials and [custody decisions] family matters in the same day.... and to break up the case loads of course; the family court is big business!!!!
[The divorce industry] [The Title IV-D industry]

Though the family court is a branch of the circuit court they are both [constitutionally] under the one court of justice...

No-fault divorce means no fault even if there is a named defendant [counter sue become the counter plaintiff]; it's just business private [contract] agreement 'stipulation' of record in the family court required on the docket for establishment of child support obligations.
vs
Defending a crime mala in se in the Circuit Court.

 

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CHILD PROTECTION SERVICES
Imputing IV-D Status
The CPS does not indicate whether a child support recipient receives IV-D services. Therefore, this information is imputed onto the file.
Child Support Cost Avoidance in 1999, Final Report

Ron Paul, Stop V.A.W.A. & Title IV d

Attorney Reporting in Newsweek: Foster Care is a System Set Up to Sex Traffic American Children

The law also assigns child support to the state when a child enters foster care. MCL 552.605d.
Administrative Abatement or Redirection of Child Support

 

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Follow the Title IV-D money machine.







*Const 1963, art 6, § 1

“The judicial power of the state is vested exclusively in one court of justice . . . .”

Michigan Courts - One Court of Justice
Michigan Legislature - Article VI § 1

The reason the [equity] family court was created was so the judges from the [criminal] circuit court would not have to hear both murder trials and [custody decisions] family matters in the same day.... and to break up the case loads of course; the family court is big business!!!!
[The divorce industry] [The Title IV-D industry]

Though the family court is a branch of the circuit court they are both [constitutionally] under the one court of justice...

No-fault divorce means no fault even if there is a named defendant [counter sue become the counter plaintiff]; it's just business private [contract] agreement 'stipulation' of record in the family court required on the docket for establishment of child support obligations.
vs
Defending a crime mala in se in the Circuit Court.

 

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A child support payment is a payment from a parent to meet the child's needs for food and shelter. Child support can be in cash or in-kind; it can be voluntary or court ordered.
SSA - POMS: SI 00830.420 - Child Support Payments - 07/13/2017

Social Security in lieu of child support

http://aaml.org/sites/default/files/using social security benefits-16-1_0.pdf

3.07 Social Security Benefit Credit
3.07(A) Credit Social Security Retirement, Survivor's, or Disability Insurance benefits paid for the children based on the support payer’s earnings record against that parent’s support obligation as follows: (1) Determine the total child support obligation. (2) Determine the monthly benefit amount that is attributable to the payer and that the support recipient receives for the children and then subtract that amount from the total child support obligation. (a) If the children’s payer-based benefit exceeds the total support amount, then no additional support amount should be ordered. (b) If the children’s payer-based benefits are less than the payer’s total support amount, then the difference between the benefits received for the children and the total support amount becomes the ordered obligation.
http://courts.mi.gov/Administration/SCAO/Resources/Documents/Publications/Manuals/focb/2013MCSF.pdf

3.07 Dependent Benefit Credit
3.07(A) Credit government insurance program retirement, survivor’s, or disability benefits that were counted as the support payer’s income under §2.01(I) or §2.01(K) against that parent’s support obligation as follows:
(1) Determine the total child support obligation.
(2) Subtract the monthly benefit amount that the recipient receives for the children and that is attributable to the payer from the total child support obligation owed by the payer. (a) If the children’s payer-based benefit exceeds the total support amount, then no additional support amount should be ordered. (b) If the children’s payer-based benefits are less than the payer’s total support amount, then the difference between the benefits received for the children and the total support amount becomes the ordered obligation.
(3) Under federal law, the administering agency, like the Social Security Administration, holds the sole authority to designate the person who controls the benefits for a minor child (representative payee), therefore, a State’s legal processes cannot be used to alienate federal benefits from a child’s representative payee. A court should not use a child support order to transfer the children’s benefits from a representative payee to a parent or another individual. Payer-based benefits that exceed the total child support obligation owed must remain under the control of the representative payee.
http://courts.mi.gov/Administration/SCAO/Resources/Documents/Publications/Manuals/focb/2017MCSF.pdf

3.07(B) The following cases discuss how Social Security benefits affect support obligations: Frens v Frens, 191 Mich App 654 (1990); Jenerou v Jenerou, 200 Mich App 265 (1993); Paulson v Paulson, 254 Mich App 568 (2002); and Fisher v Fisher, 276 Mich App 424 (2007).

http://www.elizabethsilverman.com/p...ioner-needs-to-know-about-social-security.pdf

http://www.alacourt.gov/docs/CreditForSocialSecurityRetirement.pdf

THE EFFECT OF SOCIAL SECURITY BENEFITS ON CHILD SUPPORT
SupportGuidelines.com | Article: The Effect of Social Security

In Re Marriage of Henry

Title IV-D due process Timeline...
A case qualifies for Title IV-D services when children are receiving public assistance or [absent equal parenting time 'joint physical' and 'joint legal' custody] a custodial party or non-custodial parent has [upon informed consent each [parent] has first yielded to an agreement/stipulation together producing the 'custodial non-custodial' arrangement, in effect a form of 'voluntary partial abandonment by their agreement in writing to fractionalize the amount of time the children spend with each', that written agreement [required to make 'custody' and 'support' orders valid'] between parents (both parties), and then secondly one of them]] requested Title IV-D services.

Hint: the key is in the contractual arrangement, an 'ex parte' [support order] does not meet the definition of 'stipulation' lacking the wet ink signature of both parents 'written agreement' giving birth to [that] contract; 'contract law' and then the possibility of a breach of agreement, court action to enforce that agreement [enforcement order], and eventually contempt of court for failure to comply with court's oversight of the stipulation of that 'written agreement', so ordered enforced!

Taking your child without consent 'in law' is kidnapping
Parentage [posterity - standing tall and looking good]
Natural Rights are Lawful Rights
Rights untimely claimed are deemed to be waived; 'rebuttable presumptions'; silence is consent; wherefore simply object.

42 USC § 1301 - Definitions
(d) Nothing in this chapter [Public Health and Welfare] 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.
42 U.S. Code § 1301 - Definitions
Objecting to Title IV-D services in your case, “42 USC 1301 d Parental Objection Notice”
03 4 1301 D 8x11 FORM

552.505 Duties of friend of the court
Sec. 5.
(1) Each office of the friend of the court has the following duties:

(a) To inform each party to a domestic relations matter that, unless 1 of the parties is [on welfare and is] required to participate in the title IV-D child support program, they may choose not to have the office of the friend of the court administer and enforce obligations that may be imposed in the domestic relations matter.

(b) To inform each party to a domestic relations matter that, unless 1 of the parties is [on welfare and is] required to participate in the title IV-D child support program, [neither party on welfare] they may direct the office of the friend of the court to close the friend of the court case that was opened in their domestic relations matter.

(c) To provide an informational pamphlet, in accordance with the model pamphlet developed by the bureau, to each party to a domestic relations matter. The informational pamphlet shall explain the procedures of the court and the office; the duties of the office... The informational pamphlet shall be provided as soon as possible after the filing of a complaint or other initiating pleading. Upon request, a party shall receive an oral explanation of the informational pamphlet from the office.
Michigan Legislature - Section 552.505

FRIEND OF THE COURT HANDBOOK
FRIEND of the COURT DUTIES ......................................................... 2
OPTING OUT OF FRIEND OF THE COURT SERVICES................... 3
http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/focb_hbk.pdf

INFORMED CONSENT.



Hint: the key is in the contractual arrangement, an 'ex parte' does not meet the definition of 'stipulation'!!!


42 U.S. Code § 1301 - Definitions (d) Nothing in this chapter [Public Health and Welfare] 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.

Duties of friend of the court
To inform each party to a domestic relations matter that, they may choose not to have the office of the friend of the court administer and enforce obligations that may be imposed in the domestic relations matter.

To inform each party to a domestic relations matter that they may direct the office of the friend of the court to close the friend of the court case that was opened in their domestic relations matter.

To provide an informational pamphlet,The informational pamphlet shall be provided as soon as possible after the filing of a complaint or other initiating pleading.
Michigan Legislature - Section 552.505

Vide: pages 5 & 6 FOC HANDBOOK 'Opting Out' and 'Starting a Case, plaintiff's complaint'
http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/focb_hbk.pdf
Information provided by the state may be misleading:

[Absent welfare] Regarding the need of both parents to be in some form of agreement in order to 'opt out' of Title IV-D services; and or that...
The state only requires one parent requesting Title IV-D services, for them 'all' [Title IV-D Contactors], to obligate the other parent to such services [absent welfare] even if it is against (his or her) will, [to abandon the child(ren) in any form].


[Without Welfare] 42 U.S. Code § 1301 - Definitions (d) objection of either of the parents of such child, is all that is needed!!!!!! If the family is not on welfare or state health insurance, one parent's objection to Title IV-D Child Support Services is all that is needed to 'opt out'.


Federal regulations that supercede state law specifically state that a guideline award shall be rebutted when shown to not be economically appropriate.
[Code of Federal Regulations under 45 CFR 302.56.]
The U.S. Court of Appeals – among other Federal courts – has published opinion that, when states engage in program agreements with the federal government, federal regulations supercede not just state rules and regulations but also related state statutes. A key opinion is Jackson v. Rapps, U.S. Court of Appeals for the Eight Circuit, October 17, 1991. 947 F.2d 332. This case specifically addressed child support program regulations. http://media.ca8.uscourts.gov/opndir/99/07/983307P.pdf

GLOSSARY OF COMMON CHILD SUPPORT TERMS

CHILD SUPPORT PROCESS: ADMINISTRATIVE VS. JUDICIAL

Social Security Act Title IV

§ 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;

(c) Safeguards. Under expedited processes:

(1) Paternities and orders established by means other than full judicial process must have the same force and effect under State law as paternities and orders established by full judicial process within the State;

(2) The due process rights of the parties involved must be protected;

(3) The parties must be provided a copy of the voluntary acknowledgment of paternity, paternity determination, and/or support order;

(4) Action taken may be reviewed [in the federal arena] under the State's generally applicable administrative or judicial procedures [acting statutes].

[Gamesmanship on the court - Court, a place where games are played... tennis court, basketball court, racquetball court, etc. Psalm 104:26; Luke 22:25.]

Again,
'Opt out' at the Federal Level only takes one parents objection if there is no Title IV Services.... and possibly takes both parents at the State Level because of the Title IV-D time-line - to start a Title IV-D Friend of the Court Case it is presumed that an agreement (stipulation) of both parents 'parties' has already been reviewed and entered into the record by the court, wherefore it takes an agreement of both parents 'parties' to dissolve the bilateral agreement 'private contract' changing their minds together to opt out.

So if your a payer and ever happen to find yourself unable to pay support for the duration of the support order because your institutionalized in a psychiatric facility, incarcerated with no chance for parole, or have a medically-verified total and permanent disability with no evidence of support potential.

Evidence of inability to pay support should include a determination that the payer is not eligible for Social Security, Veteran’s, Workers Compensation, sick, or disability benefits; has no reasonable likelihood of future employment; and has no pending insurance claims or lawsuits.

...than you can request for case closure as the payer if you never requested IV-D services (some offices obtain applications from both parties to a case). When both parties have requested IV-D services, the friend of the court should not close the case's IV-D status unless there is a request to close the IV-D case from both parties.
Friend of the Court Support Case Administrative Closure Criteria

45 CFR 3303.11(b)(8) Case closure criteria
The IV-D agency has determined that throughout the duration of the child's minority (or after the child has reached the age of majority), the noncustodial parent cannot pay support and shows no evidence of support potential because the parent has been institutionalized in a psychiatric facility, is incarcerated, or has a medically-verified total and permanent disability. The State must also determine that the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support;

Michigan Legislature - Section 552.505a
Michigan IV-D Case Closure Matrix

 

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"The one great principle of English law is to make business for itself." ~ Charles Dickens, Bleak House

"Thieves for robbery have their authority when judges steal themselves." ~ Shakespeare, Measure for Measure

Are we having fun yet?

 

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Many of these citing have been posted previously, though maybe not in this order consecutively; [picture pages].

If you believe this a state court matter.....
Six Pack Joe

FEDERAL JURISDICTION
(Illustrated through a collection of citing)

​

Title IV-D is a federal matter administered at the state level (state voluntary participation in compliance with the federal program); state statutes correspond with federal law in order to receive block grants and incentive dollars."
Acting statutes and or Controlling statutes and or Authorities

Action taken may be reviewed in the federal arena under the state's generally applicable administrative or judicial procedures (the state's federal court away from the bias influence of the state court where the injuries continue to occur), vide: 45 CFR § 303.101(C)(4). This state's acting statutes, Michigan’s controlling statutes, authorities the Defendants violated and or did not adhered to according to Federal Law that said 'Social Security Act' 'Title IV' and or including 'Part D' of the welfare act.

WELFARE (Title IV-D) addressing this issue specifically.
Michigan Legislature - Section 552.451b
Proceedings for support of custodial parent and children being supported by public assistance; burden of proof.
“....or any of them are being supported, in whole or in part, by public assistance under the social welfare act.”

Title IV-D is a federal matter administered at the state level (state voluntary participation in compliance with the federal program); state statutes correspond with federal law in order to receive block grants and incentive dollars." Acting statutes and or Controlling statutes and or Authorities; another example of corresponding federal and state authorities [The MATRIX ]:
45 CFR 303.11 - Case closure criteria.
Michigan IV-D Case Closure Matrix

Welcome to the Child Support Portal
CSP - Welcome
Federal law requires each state to submit a state plan in order to be eligible for federal Title IV-D funding. The state plan outlines how the state will provide child support services and engage in other activities in compliance with federal law. 45 CFR 92.11 contains requirements for State Plans. All state plans can be found at state plan system:

Michigan's State Plan (Michigan IV-D Child Support Manual - State of Michigan)
Office of Child Support: Policy listed by Section

Public user access of the online (your states plan) State Plan System.
45 CFR Part 301 - STATE PLAN APPROVAL AND GRANT PROCEDURES
45 CFR Part 302 - STATE PLAN REQUIREMENTS

Title IV-D Funding Resource Guide
SRLN Brief: OCSE Guidance on Collaborative Child Support Activities (SRLN 2016) | SRLN

Freedom in the 50 States:
Michigan "Michigan is a fairly centralized state, and local governments depend heavily on state grants..."




TITLE IV—GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD–WELFARE SERVICES
Social Security Act Title IV

INCENTIVE PAYMENTS TO STATES
Social Security Act §458

Analysis of Federal-State Financing of the Child Support Enforcement Program
https://greenbook-waysandmeans.hous...house.gov/files/2012/documents/RL33422_gb.pdf

Child Support Enforcement: Program Basics
https://www.ncsea.org/documents/CRS-Report-on-CSE-Program-Basics-5-2014.pdf

552.602 Definitions. [Michigan's Federal Title IV-D terms]
http://www.legislature.mi.gov/documents/publications/Mpla/2004/PA2004/2004 pgs 0651-0700 PA 208-221.pdf
(f) "Department" means the department of human services.
(i) "Employer" means an individual, sole proprietorship, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that hires and pays an individual for his or her services.
(hh) "Title IV-D" means part D of title IV of the social security act, 42 USC 651 to 669b.
(ii) "Title IV-D agency" means the agency in this state performing the functions under title IV-D and includes a person performing those functions under contract, including an office of the friend of the court or a prosecuting attorney.

Final Rule: Cooperative Arrangements
The [Six Pack Joe’s County’s] County Cooperative Agreement brings these three together (The County Municipal Corporation, The Friend of the Court) with the Title IV-D Sheriff Agreements, under (OCSE)-AT-79-3 Federal Financial Participation (FFP) for Making Arrests Pursuant to Appropriate State Process and, OCSE-AT-87-9 Child Support Enforcement Program, 45 CFR 304.22; Michigan Department of Health and Human Services, IV-D MEMORANDUM 2010-003.

42 U.S.C § 1983; [Six Pack Joe’s] County’s Policy (Title IV-D Contractors’ Policies) is not to follow state statute in conformity to Title IV-D and or the Federal Welfare Laws of the federal ‘Social Security Act’.

Jurisdiction 42 U.S.C § 5106a (b) (2) (B) (xii) (2010) ‘immediate’ procedures

Federal Court is the jurisdiction for redress of grievance; Federal Review of Agency Actions (Title IV-D agencies) under contract to the federal program; Federal jurisdiction with power to immediately expunge administrative agencies error in the record (fraud) causing the false publication of ‘crimes against children’ erroneously accosted to [Six Pack Joe] on account of fraud (the) IV-D Contractor’s passing along of copies of documents that are known to be false.

A few courts—most especially the United States Court of Appeals for the Sixth Circuit [In re Sun Valley Foods Co., 801 F.2d 186 (6th Cir. 1986)] — have determined that Rooker Feldman does not prevent the lower federal courts from reviewing state court judgments that were allegedly procured through fraud.

The subject of judicial review is perhaps the most intriguing-and most difficult-aspect of administrative law: where the statute is attacked as being unconstitutional, the agency is charged with exceeding the powers created by statute, and or powers created by statute misused. Administrative determinations of law (other than determination of their own jurisdiction) are persuasive but not binding. See: [Consolidated Edison Company v. NLRB, 305 U.S. 197 (1938)], But under the Administrative Procedure Act the Court must look not only to the evidence presented by the agency but to “the whole record."

Section 10 of the Administrative Procedure Act provides that except where statute precludes review or where the agency action is, by law, committed to agency discretion “any person suffering legal wrong because of agency action or adversely affected or aggrieved by such action within the meaning of any relevant statute, shall be entitled to judicial review thereof.”

‘Crimes Against Children’ as outlined by Federal Law (Jurisdiction) 42 U.S.C. § 5106a (b) (2) (B) (xii) (2010) Provisions requiring, and procedures in place that facilitate the prompt expungement of [Plaintiff's] any records that are accessible to the general public or are used for purposes of employment or other background checks in [Title IV and or Title IV-D] cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment;

Michigan’s Child Protection Law Act 238 of 1975,

MCL 772.627 Sections 7(5) & 7(6)
(5) A person who is the subject of a report or record made under this act may request the department to amend an inaccurate report or record from the central registry and local office file. A person who is the subject of a report or record made under this act may request the department to expunge from the central registry a report or record by requesting a hearing under subsection (6). A report or record filed in a local office file is not subject to expunction except as the department authorizes, if considered in the best interest of the child.

(6) A person who is the subject of a report or record made under this act may, within 180 days from the date of service of notice of the right to a hearing, request the department hold a hearing to review the request for amendment or expunction. If the hearing request is made within 180 days of the notice, the department shall hold a hearing to determine by a preponderance of the evidence whether the report or record in whole or in part should be amended or expunged from the central registry. The hearing shall be held before a hearing officer appointed by the department and shall be conducted as prescribed by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may, for good cause, hold a hearing under this subsection if the department determines that the person who is the subject of the report or record submitted the request for a hearing within 60 days after the 180-day notice period expired.
Michigan’s Child Protection Law Act 238 of 1975, MCL 772.627 Sections 7(5) & 7(6).

Cujusque rei potissima pars est principium.
The principal part of everything is the beginning. It would not be lawful to enforce a support obligation that was not first established legally (in a lawful manner) and or enforce a support obligation established for reasons outside of the legislatively intended taxpayer purpose (to detour fathers from abandoning their children).

 

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CHILD PROTECTION SERVICES
Imputing IV-D Status
The CPS does not indicate whether a child support recipient receives IV-D services. Therefore, this information is imputed onto the file.
Child Support Cost Avoidance in 1999, Final Report

Ron Paul, Stop V.A.W.A. & Title IV d

Michigan CPS has gigantic secret list of parents labeled 'child abusers' without due process - Police State USA

 

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I am not trying to make this [Child Support] a gender issue..... these are just numbers (hard facts).

Fatherless [Title IV-D] children (boys) grow into men....
None are ever good enough [in the family court] to raise their own children...
Yet at the same time most are always fit enough to raise others [men's and women's] children.

The intended purpose of child support (as it is sold to the American people) - is to deter fathers from abandoning their children; instead this social policy is tearing apart the family unit all across American in every "state of the union!"

[I spelled it right this time 'deter' instead of 'detour' ~ masons anyway so literary... laughing out loud]

 

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A written stipulation of the parents 'parties litigant' is required in the record before orders can be valid; in Michigan for a Friend of The Court case, the parties must enter into a written agreement that is reviewed and entered in the record by the court. In a free society, if there is no welfare in your specific case then Title IV-D Child Support Services are voluntary and requires a stipulation.

A stipulation is a statement of agreement or admission of factual information, an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are entered into the record to assist the court in establishing facts “not in dispute.” Stipulations are only binding between the parties that made the agreement, not on third parties.

Consensus facit legem.
Consent makes law. • A contract constitutes law between the parties agreeing to be bound by it.

In California, commissioners need the WRITTEN stipulation of the parties litigant in the record before their orders can be valid. Family Code sec. 4251; in re Marriage of Monge; CRC 2.831.

In Michigan, for a friend of the court case, an AGREEMENT by the payer that he or she shall....
552.604 Sect. 4.(3)(b)
The parties enter into a WRITTEN AGREEMENT that is reviewed and entered in the record by the court...
Michigan Legislature - Section 552.604

A signed divorce decree is just one form of stipulation.
Michigan case cite, Roller v Roller, unpublished opinion per curiam, issued January 26, 2012 (Docket No. 300543).
A consent judgment of divorce is a contract and interpreted using contract principles.
If a consent judgment is ambiguous, a clarification is only permitted when no change in the rights of the parties will result from the clarification.

Search the following two PDFs for the word 'stipulation':
http://www.montcalm.us/document_center/Courts/Stipulated Motion to Change Support Order.pdf
http://www.legislature.mi.gov/publications/Friend_of_the_Court-WEB.pdf

United States of America's government (a constitutional republic) bound by the constitution a limited government, 'limited to that which is constitutional' a government for the people by the people 'bound by Oath of Office' with under governmental employee powers definiend and further restricted by specific statutes and codes; regulate government and business (corporations) registered to government.
A Treatise on the Law of Negotiable Instruments

Man (Genesis 5:2; Psalm 82:6; John 10:34-35; Galatians 3:26) is endowed by his/her creator with certain inherent and inalienable rights 'to contract in the unlimited' international contractual rights without government interference.

The Constitution and its Bill of Rights outline what are [skinnied down] commonly referred to simply as 'due process' and or 'due process rights'; men and women do not have constitutional rights only inherent rights that which are constitutionally reaffirmed by individual 'oath' to the constitutions hence the 'constitutional right'.

Title IV-D due process Timeline...

Hint: the key is in the contractual arrangement, an 'ex parte' [support order] does not meet the definition of 'stipulation' lacking the wet ink signature of both parents 'written agreement' giving birth to [that] contract; 'contract law' and then the possibility of a breach of agreement, court action to enforce that agreement [enforcement order], and eventually contempt of court for failure to comply with court's oversight of the stipulation of that 'written agreement', so ordered enforced!


The due process rights of the parties involved must be protected;

The parties must be provided a copy of the voluntary support order;

What's the only word that means mandatory? Here's what law and policy say about "shall, will, may and must."

The word 'shall' appears in section 552.604 TWELVE times.....

Nearly every jurisdiction has held that the word "shall" is confusing because it can also mean "may, will or must." Legal reference books like the Federal Rules of Civil Procedure no longer use the word "shall." Even the Supreme Court ruled that when the word "shall" appears in statutes, it means "may."

Bryan Garner, the legal writing scholar and editor of Black's Law Dictionary wrote that "In most legal instruments, shall violates the presumption of consistency…which is why shall is among the most heavily litigated words in the English language."

Look at this sentence:
"552.604 (3)(b) The parties enter into a written agreement that is reviewed and entered in the record by the court that provides for all of the following:"

Of course government cannot force someone to [must] contract therefore the word 'must' does not appear in the sentence above, now look at it again.... as liberal as the word shall has been used throughout that statute neither does the word 'shall' appear in this sentence. The sentence simply says "The parties enter into a written agreement" with the omission of 'shall' illuminating 'may' or 'will', though and where 'must' is assumed for any and every agreement must take more than one party or it would be (non contractual) a unilateral agreement. ...And where it says 'the record' means the state court 'docket' holds the facts of the matter!!!!



Volintarily



Ejus est nolle, qui potest velle.
A person who can will (exercise volition) has a right to refuse to will (withhold consent).

 

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The Title IV-D Dragnet

CRIMES AGAINST CHILDREN
EXPUNGEMENT

‘Crimes Against Children’ as outlined by Federal Law (Jurisdiction) 42 U.S.C. § 5106a (b) (2) (B) (xii) (2010)
Provisions requiring, and procedures in place that facilitate the prompt expungement of [Six Pack Joe's] any records that are accessible to the general public or are used for purposes of employment or other background checks in [Title IV and or Title IV-D] cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment;


Michigan’s Child Protection Law Act 238 of 1975, MCL 772.627 Sections 7(5) & 7(6)
(5) A person who is the subject of a report or record made under this act may request the department to amend an inaccurate report or record from the central registry and local office file. A person who is the subject of a report or record made under this act may request the department to expunge from the central registry a report or record by requesting a hearing under subsection (6). A report or record filed in a local office file is not subject to expunction except as the department authorizes, if considered in the best interest of the child.

(6) A person who is the subject of a report or record made under this act may, within 180 days from the date of service of notice of the right to a hearing, request the department hold a hearing to review the request for amendment or expunction. If the hearing request is made within 180 days of the notice, the department shall hold a hearing to determine by a preponderance of the evidence whether the report or record in whole or in part should be amended or expunged from the central registry. The hearing shall be held before a hearing officer appointed by the department and shall be conducted as prescribed by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may, for good cause, hold a hearing under this subsection if the department determines that the person who is the subject of the report or record submitted the request for a hearing within 60 days after the 180-day notice period expired.
Michigan’s Child Protection Law Act 238 of 1975, MCL 772.627 Sections 7(5) & 7(6)

[Title IV and or Title IV-D Expungement; federal jurisdiction (administrative review) judicially.]

Six Pack Joe, believes all administrative remedies have been exhausted, all steps have been provided for in the procedural rules and the statute having been followed (except in the instance described here in and throughout [untold damage] ) and must resort to the courts. The subject of judicial review is perhaps the most intriguing-and most difficult-aspect of administrative law: where the statute is attacked as being unconstitutional, the agency is charged with exceeding the powers created by statute, and or powers created by statute misused. Administrative determinations of law (other than determination of their own jurisdiction) are persuasive but not binding. See: [Consolidated Edison Company v. NLRB, 305 U.S. 197 (1938)], But under the Administrative Procedure Act the Court must look not only to the evidence presented by the agency but to “the whole record."

Section 10 of the Administrative Procedure Act provides that except where statute precludes review or where the agency action is, by law, committed to agency discretion “any person suffering legal wrong because of agency action or adversely affected or aggrieved by such action within the meaning of any relevant statute, shall be entitled to judicial review thereof.”

Administrative Agencies by John Schulman (1949 Practising Law Institute) [highlighted].pdf

A few courts—most especially the United States Court of Appeals for the Sixth Circuit [In re Sun Valley Foods Co., 801 F.2d 186 (6th Cir. 1986)] — have determined that Rooker Feldman does not prevent the lower federal courts from reviewing state court judgments that were allegedly procured through fraud.

In other words, when a “state-court loser” complains that the winner owes his triumph not to sound legal principles—or even unsound ones—but to fraud, then the loser is not really complaining of an injury caused by a state-court judgment, but of an injury caused by the “winner’s chicanery”. Or so the reasoning goes.

This reasoning received an intellectual boost from Exxon Mobil, where the scope of what kinds of actions were “inextricably intertwined” with state-court judgments took a serious blow [Exxon Mobil, 544 U.S. at 291]. In Exxon Mobil, the Court clarified that not all actions dealing with the “same or related question” resolved in state court are barred in federal court [Id. at 292.]. Instead, a district court must retain a case that presents an “independent claim” even if, along the way, the claimant challenges or denies some conclusion reached by the state court [Id. at 293 (quoting GASH Assocs. v. Rosemont, 995 F.2d 726, 728 (7th Cir. 1993)).].

GLOSSARY OF COMMON CHILD SUPPORT TERMS

CHILD SUPPORT PROCESS: ADMINISTRATIVE VS. JUDICIAL

Social Security Act Title IV

§ 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;

(c) Safeguards. Under expedited processes:

(1) Paternities and orders established by means other than full judicial process must have the same force and effect under State law as paternities and orders established by full judicial process within the State;

(2) The due process rights of the parties involved must be protected;

(3) The parties must be provided a copy of the voluntary acknowledgment of paternity, paternity determination, and/or support order;

(4) Action taken may be reviewed [in the federal arena] under the State's generally applicable administrative or judicial procedures [acting statutes].

[Gamesmanship on the court - Court, a place where games are played... tennis court, basketball court, racquetball court, etc. Psalm 104:26; Luke 22:25.]

§ 303.101(C)(4) Action taken may be reviewed [in the federal arena] under the state's generally applicable administrative or judicial procedures [the state's federal court].

[The state's acting statutes, controlling statutes, authorities [violated] according to Federal Law, 'Social Security' Law 'Title IV' and or including 'Part D' of that welfare act)].

FYI (for your information) “Title IV-D is a federal matter administered at the state level (state voluntary participation in compliance with the federal program); state statutes correspond with federal law in order to receive block grants and incentive dollars."
Acting statutes and or Controlling statutes and or Authorities

Pretend-Six Pack Joe files a federal lawsuit (and or performs a federal removal procedure) regarding his common law deposition (fraud remedy), challenging the alleged private 'written agreement' between the parties/parents in the [equity] family court arena. That contract that which is required under 'informed consent Title IV-D duties of office' and then that 'written agreement' is reviewed and entered into the record by the court... A VOLUNTARY ACKNOWLEDGMENT by the payer that he or she shall.... [without specific welfare services, temporary assistance to needy families being paid out by the taxpayer on behalf of Six Pack Joe's minor child] he or she still knowingly agree and or agrees to a SUPPORT ORDER, period. If there is no such agreement between Six Pack Joe and another party, with a wet ink signature, and the defendant and or defendants claim some prima facie evidence [prima facie presumption] that just such a 'stipulation' does exists when it does not - is a fraud (crime); a rebuttable presumption; of fact.

Pretend-Six Pack Joe's defendant and or defendants create, alter, and or modify some document with what looks like Six Pack Joe's wet ink signature on the face of it, and in fact it is not Six Pack Joe's signature at all, this is document tampering, is a fraud (crime) too - together alongside the above said rebutted evidence 'document that was passed along for the purpose of deceiving another person and or persons'.

Pretend [rhetorical question] riddle: all arguments aside, in any case, if Six Pack Joe with first hand knowledge knows of no such acknowledgement and or stipulation; then how can one 'they' defend the (crime) of passing along of a document, that said (prima facie evidence) claim that a stipulation exists [first] - without someone [secondly], someone other than Six Pack Joe forging and or document tampering???

The other (2 crime) of defendant and or defendants falsifying a document in support of the (1 crime) defendant and or defendants false witness to an alleged agreement between the parents of the child. [The child not on welfare and or tax payer recoupment not to exceed the amount so paid out to the family as listed under: Prohibitions; Requirements “…not exceeding the total amount of assistance so provided to the family, which accrue (or have accrued) before the date the family ceases to receive assistance under the program, which assignment, on and after such date, shall not apply with respect to any support (other than support collected pursuant to section) which accrued before the family received such assistance and which the State has not collected.”]



Six Pack Joe got em' boxed in...... Six Pack neither practicing from the bench or otherwise, is not reviewing 'support' wherefore has never brought up the issue of 'arrears' had that been Six Pack Joe's issue the Rooker-Feldman Doctrine may have applied. Six Pack Joe is not arguing 'child support' instead 'agency actions' a Judicial Review of the administrative agencies fraud(s)! Six Pack Joe does not disagree and does believe that children deserve support, but that support cannot be procured through fraud; imputed into existence; and imputed beyond actual resources available; and or beyond federal Sec. 408. [42 U.S.C. 608] (a)(3).

Pretended answer to the riddle: with all the facts in place - one 'they' can't. Summary requests have to view the case in most favorable view to the Plaintiff (summary judgements on the pleadings) and or (Default default judgement) when a party [the defendant and or defendants] against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend the merits of the case; merits of the case them being Plaintiff's claim and or pleadings rebutting all rebuttable presumptions in law, and at law; regarding Title IV and or Title IV-D fraud.

PLAYING BY THE RULES: FRCP 55(A) AND THE CIRCUIT SPLIT REGARDING ITS MEANING
Rule 55 - Default; Default Judgment - Federal Rules of Civil Procedure

hyperlink left click mouse
↓ over emoticon:



A parent working and living above poverty plus receiving support from the other parent is a financial incentive... There would be less divorce and or family separation (broken homes) given the knowledge of the voluntary nature of child support [willful abandonment]; withholding of consent knocks out the financial incentives giving into the fact that most parents would rather work and or not be so poor as to want to live on welfare.... just to make the other parent pay/play - logically in most cases both parents want the best for their children. It is best to settle domestic differences before going to court without the aid of government 'in the best interest of your children' and or family wealth; America's children's overall inheritance, quality of life, and or posterity; ....just saying.

Administrative Review of that 'Stipulation' allegedly on file with The Friend of the Court, and [without welfare] how it got there [on file with the FOC] without Six Pack Joe's signature or consent ...remember we live in a republic, a free society.
[Enforcement of that agreement and or contract; the family court an 'equity court' alleging a private agreement between the parents regarding support; an arrest would be a contempt of court for the breach of agreement 'failure to pay as agreed' a crime against the child.]

Example of average Support Enforcement Order required for a Michigan Bench Warrant to insue; in Michigan the case number will be the federal Title IV-D number 'Michigan's single case identifier number for reporting to the feds'.

A written stipulation of the parents 'parties litigant' is required in the record before orders can be valid; in Michigan for a Friend of The Court case, the parties must enter into a written agreement that is reviewed and entered in the record by the court. In a free society, if there is no welfare in your specific case then Title IV-D Child Support Services are voluntary and requires a stipulation.

A stipulation is a statement of agreement or admission of factual information, an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are entered into the record to assist the court in establishing facts “not in dispute.” Stipulations are only binding between the parties that made the agreement, not on third parties.

Consensus facit legem.
Consent makes law. • A contract constitutes law between the parties agreeing to be bound by it.

In California, commissioners need the WRITTEN stipulation of the parties litigant in the record before their orders can be valid. Family Code sec. 4251; in re Marriage of Monge; CRC 2.831.

In Michigan, for a friend of the court case, an AGREEMENT by the payer that he or she shall....
552.604 Sect. 4.(3)(b)
The parties enter into a WRITTEN AGREEMENT that is reviewed and entered in the record by the court...
Michigan Legislature - Section 552.604

A signed divorce decree is just one form of stipulation.
Michigan case cite, Roller v Roller, unpublished opinion per curiam, issued January 26, 2012 (Docket No. 300543).
A consent judgment of divorce is a contract and interpreted using contract principles.
If a consent judgment is ambiguous, a clarification is only permitted when no change in the rights of the parties will result from the clarification.

Search the following two PDFs for the word 'stipulation':
http://www.montcalm.us/document_center/Courts/Stipulated Motion to Change Support Order.pdf
http://www.legislature.mi.gov/publications/Friend_of_the_Court-WEB.pdf

http://www.usmessageboard.com/attac...-stipulation-on-file-with-the-foc-pdf.179722/

If you believe this a state court matter (maybe) simply send judicial notice to the state court case issuing the bench warrant....


Writ in the Nature of an affidavit:
JUDICIAL NOTICE

TAKE NOTICE:

THIS MATTER coming forth as a writ filed by Six Pack of the Joe family, and the court being otherwise fully advised in the premises:

[In California, commissioners need the WRITTEN stipulation of the parties litigant in the record before their orders can be valid. Family Code sec. 4251; in re Marriage of Monge; CRC 2.831.]

In Michigan, for a friend of the court case, an AGREEMENT by the payer that he or she shall....
552.604 Sect. 4.(3)(b)
The parties enter into a WRITTEN AGREEMENT that is reviewed and entered in the record by the court...
Michigan Legislature - Section 552.604

A stipulation is a statement of agreement or admission of factual information, an agreement made by parties ‘parents’ or by their attorneys in a judicial proceeding before the court. Stipulations are entered into the record to assist the court in establishing facts “not in dispute.” Stipulations are only binding between the parties that made the agreement, not on third parties.

Although not really cognized as such, family court orders are a court of equity’s creation of private law. Review of the docket ‘the record’ clearly shows there has never been a private agreement between the parents ‘parties’, there is no written stipulation on record, and or the docket is absent a written agreement between the parents (private parties) Civil Court Case No. : 'state family court number'; in conformity to Federal Title IV Procedures (under the state plan ‘controlling state statutes in conformity to the federal welfare program) needed ‘required’ to abscond the welfare requirements for Title IV Services not limited to but including Part D of Title IV.

Having firsthand knowledge of all the facts stated herein, and being competent in mind and body to testify, declaring and affirming with clean hands that the facts stated herein are true, correct, and complete in all material fact, not misrepresented, this writ in the nature of an Affidavit stands Prima Facie as Conclusive Truth: Verified Under Seal and admissible as evidence [federal evidence rule 902] if not properly rebutted and proved inaccurate. Signed “within the United States of America” without the United States [28 U.S.C. 1746]; verifying under penalty of perjury under laws of the United States of America, and the state of Michigan, that the above is true and correct to the best of my knowledge, information, and belief.

Affiant further sayeth naught.

Respectfully submitted this ________ Day of ________ 2018 A.D.,


by _______________________________________________
..... Six Pack Joe

50 STATE TABLE: CHILD SUPPORT PROCESS
Michigan (Judicial) Michigan Compiled Laws § 552.517
See table here:

CHILD SUPPORT PROCESS: ADMINISTRATIVE VS. JUDICIAL

552.517 Sec. 17. (1) (b)
Upon receipt of a written request from either party
552.517 Sec. 17. (1) (f) (v)
At the initiative of the office (reasonable grounds to review an order under this subdivision include: 'That the order was based on incorrect facts.'



Dan Aykroyd adapting the phrase from two similar statements: “All we want are the facts, ma’am” and “All we know are the facts, ma’am.”

Dragnet

 

[Brick Layer]

These non-public assistance families could voluntarily apply for IV-D services; they could, also, close their IV-D cases at any time.

The CSE program has different rules for welfare and non-welfare families.

A case qualifies for Title IV-D services when children are receiving public assistance or a custodial party or non-custodial parent has requested Title IV-D services.

A written stipulation of the parents 'parties litigant' is required in the record before orders can be valid; in Michigan for a Friend of The Court case, the parties must enter into a written agreement that is reviewed and entered in the record by the court. In a free society, if there is no welfare in your specific case then Title IV-D Child Support Services are voluntary and requires a stipulation.

The 'PUBLIC INTEREST' does not solely lie with assuring children receive support in so much as the Title IV-D Child Support Program is a two part facet:

(1) WILLFUL ABANDONMENT OR DESERTION, and;
(2) [child] SUPPORT, along the way of WELFARE and or INFORMED CONSENT.

A case qualifies for Title IV-D services when children are receiving public assistance or a custodial party or non-custodial parent has requested Title IV-D services.

Title IV-D due process Timeline...
A case qualifies for Title IV-D services when children are receiving public assistance or [absent equal parenting time 'joint physical' and 'joint legal' custody] a custodial party or non-custodial parent has [upon informed consent each [parent] has first yielded to an agreement/stipulation together producing the 'custodial non-custodial' arrangement, in effect a form of 'voluntary partial abandonment by their agreement in writing to fractionalize the amount of time the children spend with each', that written agreement [required to make 'custody' and 'support' orders valid'] between parents (both parties), and then secondly one of them]] requested Title IV-D services.

Hint: the key is in the contractual arrangement, an 'ex parte' [support order] does not meet the definition of 'stipulation' lacking the wet ink signature of both parents 'written agreement' giving birth to [that] contract; 'contract law' and then the possibility of a breach of agreement, court action to enforce that agreement [enforcement order], and eventually contempt of court for failure to comply with court's oversight of the stipulation of that 'written agreement', so ordered enforced!

Taking your child without consent 'in law' is kidnapping
Parentage [posterity - standing tall and looking good]
Natural Rights are Lawful Rights
Rights untimely claimed are deemed to be waived; 'rebuttable presumptions'; silence is consent; wherefore simply object.

42 USC § 1301 - Definitions
(d) Nothing in this chapter [Public Health and Welfare] 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.
42 U.S. Code § 1301 - Definitions
Objecting to Title IV-D services in your case, “42 USC 1301 d Parental Objection Notice”
03 4 1301 D 8x11 FORM

552.505 Duties of friend of the court
Sec. 5.
(1) Each office of the friend of the court has the following duties:

(a) To inform each party to a domestic relations matter that, unless 1 of the parties is [on welfare and is] required to participate in the title IV-D child support program, they may choose not to have the office of the friend of the court administer and enforce obligations that may be imposed in the domestic relations matter.

(b) To inform each party to a domestic relations matter that, unless 1 of the parties is [on welfare and is] required to participate in the title IV-D child support program, [neither party on welfare] they may direct the office of the friend of the court to close the friend of the court case that was opened in their domestic relations matter.

(c) To provide an informational pamphlet, in accordance with the model pamphlet developed by the bureau, to each party to a domestic relations matter. The informational pamphlet shall explain the procedures of the court and the office; the duties of the office... The informational pamphlet shall be provided as soon as possible after the filing of a complaint or other initiating pleading. Upon request, a party shall receive an oral explanation of the informational pamphlet from the office.
Michigan Legislature - Section 552.505

FRIEND OF THE COURT HANDBOOK
FRIEND of the COURT DUTIES ......................................................... 2
OPTING OUT OF FRIEND OF THE COURT SERVICES................... 3
http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/focb_hbk.pdf

[Object to standing in Equity given to that which has NO STANDING IN LAW!" The court uses equity / civil jurisdiction to circumvent constitutional protections... (did the judge take an oath?); taking your child without consent 'in equity' is protection? Laugh-out-loud (it's treason!). In law, to impinge a lawful right, guilt must be proven "beyond a reasonable doubt" (90%). In equity, to impinge a lawful right, "guilt?" must be proven by a "preponderance of the evidence" (51%). What "defendant" would knowingly allow that? Administrative law is the false King.]
Brick Layer gives a special thank you to 'For HIS Glory, Joel Akira' ~ Sui Juris Club Forum

The children (no welfare) equally with both parents - no need for child support.
Joint Physical & Joint Legal Custody, Equal Parenting Time, and without welfare for tax payer recoupment - no need for child support.

Questions and Answers Regarding IV-D Services for Domestic Relations Cases
To assist families in determining whether they should apply for IV-D services, Friend of the Court (FOC) staff must provide access to the publication Understanding Child Support: A Handbook for Parents (DHS-Pub 748) [The DHS-Pub 748 provides applicants information about the child support program. FOC offices can order the DHS-Pub 748 by completing the Office of Child Support Publication Order List (DHS-1454). FOC staff and the general public use the DHS-1454 to order OCS publications free of charge.] to every party who requests a IVD application. [45 Code of Federal Regulations (CFR) 303.2(a)(2)] Parties can use this information to make an educated decision as to whether or not they want to open a IV-D case or when to open a IV-D case.

IV-D Application

2. Can a IV-D office use the Verified Statement as a IV-D application? [NO]
The current approach, as OCS understands it, is that the Verified Statement does not include the required notices and disclaimers, including a provision to provide access to the DHS-Pub 748 (either in paper copy or online). Federal regulations require IV-D staff (including FOC staff) to provide information about the child support program to applicants for IV-D services.

3. What must be included on a IV-D application?
The IV-D application must include all information currently displayed on the IV-D Child Support Services Application/Referral (DHS-1201), including all notices and disclaimers. OCS highly recommends the use of the DHS-1201 or its electronic version, the e1201. IV-D applications must be available to all members of the public. Consequently, OCS has carefully designed the DHS-1201 so that this single document can be used by a wide range of applicants in a wide range of situations.... If an applicant wishes to pursue child support from both the mother and the father, (s)he must complete two DHS-1201s, one on each parent.

4. What must be included with a IV-D application?
Federal law requires that the IV-D program provide applicants with their rights and responsibilities. OCS has developed the DHS-Pub 748 to serve this purpose. IV-D staff must provide access to the DHS-Pub 748 when providing the IV-D application to prospective applicants. In fact, the DHS-1201, the Application for IV-D Child Support Services (For Privately Filed Domestic Relations Cases Only) (DHS1201D), and the e1201 indicate that by signing the application, the applicant acknowledges receipt of the DHS-Pub 748 in paper copy or access to it online. The DHS-Pub 748 helps applicants determine whether completing the IV-D application is right for them. Other questions/answers in this document highlight why applicants must be well-informed about the services they will receive.

(d) Nothing in this Act shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this Act, 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. [Objecting to Title IV-D services in your case, '42 USC 1301 d Parental Objection Notice']

 

[Brick Layer]

Nation wide (All across America - every state)

...this link is in regards to Texas legislature:
The Child-Support Lie and The Title IV-D Reply

World wide every state (nation) in the world and or Hague states.
Estimated 150,000 international cases.... These cases have been primarily handled under bilateral agreements that the U.S. has with 14 countries and 12 Canadian provinces. Bilateral agreements require time-consuming country-by-country negotiations. As a result of U.S. ratification of the Hague Child Support Convention, we will have a treaty relationship with 31 countries in which the Convention is already in force, including the European Union.
U.S. Ratification of Hague Child Support Convention

Federal Register :: Notice Designating State Title IV-D Child Support Agencies as “Public Bodies”

Federal Register :: Child Support Enforcement Program; Intergovernmental Child Support

 

[Brick Layer]

Mothers in Custody Cases: Please read! Unaudited State Incentives (Title IV-A, IV-D) affect Family Court Decisions (posted 7/19/2011)

 

[Brick Layer]

IV-D MEMORANDUM 2017-023
SUBJECT: Contract Performance Standards Project

CPS (Contract Performance Standards) refers solely to the performance standards newly established within the CRP (Cooperative Reimbursement Program) refers to the contract entered into by the state and the counties. [Ref: 45 Code of Federal Regulations (CFR) 302.34.]]

Contract Policy Manual Table of Contents
Section Number 1.25 Contracts

 

[Brick Layer]

Rights Without Remedies:
The University of Chicago Law Review

State Child Support Agencies With Debt Compromise Policies
STATE USE OF DEBT COMPROMISE TO REDUCE CHILD SUPPORT ARREARAGES

 

[Brick Layer]

“Money that is paid to the children are collected for the children (child support money) are matched by the federal government [66% reimbursement] AND THEN [Plus] THERE ARE INCENTIVES for DIFFERENT types of enforcement activities (matching funds at state and local levels as well), and so the judges each time that they grant or approve The Friend of the Court up someone’s child support collection their actually what they’re doing is padding their own pockets because that comes back to them, it indirectly comes back to them.” ~ Carol Rhodes 6:24
Title IV-D Family Court kleptocracy (judicial malfeasance of office).wmv

"The Child Support Industry is the darling of the circuit court and that we actually made money for the judge and the court unlike the Sheriff's Department and so many agencies; our county our state was not an exception to the rule..." ~ Carol Rhodes 1:21
Title IV-D Family Court kleptocracy (judicial malfeasance of office).wmv

Title IV-D Sheriff Agreements
Sheriff and or Sheriff's Deputies handle warrants (along with other non-traditional enforcement duties) and is a IV-D employee of the Friend of the Court.
https://www.accesskent.com/Courts/FOC/pdfs/FOC_deputies.pdf

"Federal policy,
[federal Office of Child Support Enforcement (OCSE)-AT-79-3, Availability of Federal Financial Participation (FFP) for Making Arrests Pursuant to Appropriate State Process, and OCSE-AT-87-9, Child Support Enforcement Program; Prohibition of Federal Funding of Costs of Incarceration and Counsel for Indigent Absent Parents.
Availability of FFP for Making Arrests Pursuant to Appropriate State ProcessFinal Rule: Prohibition of FFP for Incarceration/Counsel for Indigent Absent Parents

Federal policy restricts the expenditures of IV-D funds spent for “arrest activity.” Further guidelines regarding federal approval of purchase of service agreements and fees for service agreements for arrest activities may be found in OCSE-AT-79-3, and by referring to OCSE Policy Interpretation Question (PIQ)-81-02, Fee for Service in Sheriff’s Agreements (Ref: Exhibit 2010-003E3) and PIQ-81-13, Eligibility for FFP – Inclusion of Deputy Sheriff in the Unit Cost Rate Computation in South Carolina (Ref: Exhibit 2010-003E4).
Regardless of whether OCSE approval is needed, all Cooperative Reimbursement Program (CRP) subcontracts require prior written approval from OCS staff and must meet other requirements as outlined in the CRP. FOC staff can subcontract with the sheriff for full-time or part-time services. In both instances, FOC staff must submit a copy of the agreement with the CRP application. In a part-time agreement, the officer must provide the court with a time sheet (per pay period) that shows the hours spent on IV-D activity and the hours spent on sheriff department activity. If the bench warrant officer reports to the FOC (is directly supervised by FOC staff), then no subagreement is necessary."
https://dhhs.michigan.gov/ChildSupport/policy/Documents/2010-003.pdf

The FOC (Michigan's Friend of the Court) does not establish the initial support order. This is done through the Prosecutor's Office, private divorces, and registration of interstate cases.

https://www.accesskent.com/Courts/FOC/pdfs/FOC_deputies.pdf

Remember the initial support order requires the [private] written agreement between the [private] parties/parents, and that stipulation must be reviewed and entered into the record [on the docket] of the [state] [circuit] [family] court to be valid in conformity to law - before an enforcement order [can ensue] can issue.

The enforcement order is separate from the initial support order and is cause and effect related; if the initial support order is invalid than any consequential enforcement order is void (without force or effect). The enforcement order requires the signature of a judge oathed to the constitutions and judicially bonded & insured (constitutional protections) insuring Six Pack Joe's rights are not trampled under the color of law.

(Six Pack Joe's natural rights, inherent rights, inalienable rights, unalienable rights, international contract rights; Six Pack Joe's Rights are - outside of - separate from - and independent of any constitution.)

The Sheriff is constitutionally bound to provide equal protection of the law!!!

A written stipulation of the parents 'parties litigant' is required in the record before orders can be valid; in Michigan for a Friend of The Court case, the parties must enter into a written agreement that is reviewed and entered in the record by the court. In a free society, if there is no welfare in your specific case then Title IV-D Child Support Services are voluntary and requires a stipulation.

A stipulation is a statement of agreement or admission of factual information, an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are entered into the record to assist the court in establishing facts “not in dispute.” Stipulations are only binding between the parties that made the agreement, not on third parties.

Consensus facit legem.
Consent makes law. • A contract constitutes law between the parties agreeing to be bound by it.

In California, commissioners need the WRITTEN stipulation of the parties litigant in the record before their orders can be valid. Family Code sec. 4251; in re Marriage of Monge; CRC 2.831.

In Michigan, for a friend of the court case, an AGREEMENT by the payer that he or she shall....
552.604 Sect. 4.(3)(b)
The parties enter into a WRITTEN AGREEMENT that is reviewed and entered in the record by the court...
Michigan Legislature - Section 552.604

A signed divorce decree is just one form of stipulation.
Michigan case cite, Roller v Roller, unpublished opinion per curiam, issued January 26, 2012 (Docket No. 300543).
A consent judgment of divorce is a contract and interpreted using contract principles.
If a consent judgment is ambiguous, a clarification is only permitted when no change in the rights of the parties will result from the clarification.

Search the following two PDFs for the word 'stipulation':
http://www.montcalm.us/document_center/Courts/Stipulated Motion to Change Support Order.pdf
http://www.legislature.mi.gov/publications/Friend_of_the_Court-WEB.pdf

These non-public assistance families could voluntarily apply for IV-D services; they could, also, close their IV-D cases at any time.

The CSE program has different rules for welfare and non-welfare families.

A case qualifies for Title IV-D services when children are receiving public assistance or a custodial party or non-custodial parent has requested Title IV-D services.

A written stipulation of the parents 'parties litigant' is required in the record before orders can be valid; in Michigan for a Friend of The Court case, the parties must enter into a written agreement that is reviewed and entered in the record by the court. In a free society, if there is no welfare in your specific case then Title IV-D Child Support Services are voluntary and requires a stipulation.

The 'PUBLIC INTEREST' does not solely lie with assuring children receive support in so much as the Title IV-D Child Support Program is a two part facet:

(1) WILLFUL ABANDONMENT OR DESERTION, and;
(2) [child] SUPPORT, along the way of WELFARE and or INFORMED CONSENT.

A case qualifies for Title IV-D services when children are receiving public assistance or a custodial party or non-custodial parent has requested Title IV-D services.

Title IV-D due process Timeline...
A case qualifies for Title IV-D services when children are receiving public assistance or [absent equal parenting time 'joint physical' and 'joint legal' custody] a custodial party or non-custodial parent has [upon informed consent each [parent] has first yielded to an agreement/stipulation together producing the 'custodial non-custodial' arrangement, in effect a form of 'voluntary partial abandonment by their agreement in writing to fractionalize the amount of time the children spend with each', that written agreement [required to make 'custody' and 'support' orders valid'] between parents (both parties), and then secondly one of them]] requested Title IV-D services.

Hint: the key is in the contractual arrangement, an 'ex parte' [support order] does not meet the definition of 'stipulation' lacking the wet ink signature of both parents 'written agreement' giving birth to [that] contract; 'contract law' and then the possibility of a breach of agreement, court action to enforce that agreement [enforcement order], and eventually contempt of court for failure to comply with court's oversight of the stipulation of that 'written agreement', so ordered enforced!

Taking your child without consent 'in law' is kidnapping
Parentage [posterity - standing tall and looking good]
Natural Rights are Lawful Rights
Rights untimely claimed are deemed to be waived; 'rebuttable presumptions'; silence is consent; wherefore simply object.

42 USC § 1301 - Definitions
(d) Nothing in this chapter [Public Health and Welfare] 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.
42 U.S. Code § 1301 - Definitions
Objecting to Title IV-D services in your case, “42 USC 1301 d Parental Objection Notice”
03 4 1301 D 8x11 FORM

552.505 Duties of friend of the court
Sec. 5.
(1) Each office of the friend of the court has the following duties:

(a) To inform each party to a domestic relations matter that, unless 1 of the parties is [on welfare and is] required to participate in the title IV-D child support program, they may choose not to have the office of the friend of the court administer and enforce obligations that may be imposed in the domestic relations matter.

(b) To inform each party to a domestic relations matter that, unless 1 of the parties is [on welfare and is] required to participate in the title IV-D child support program, [neither party on welfare] they may direct the office of the friend of the court to close the friend of the court case that was opened in their domestic relations matter.

(c) To provide an informational pamphlet, in accordance with the model pamphlet developed by the bureau, to each party to a domestic relations matter. The informational pamphlet shall explain the procedures of the court and the office; the duties of the office... The informational pamphlet shall be provided as soon as possible after the filing of a complaint or other initiating pleading. Upon request, a party shall receive an oral explanation of the informational pamphlet from the office.
Michigan Legislature - Section 552.505

FRIEND OF THE COURT HANDBOOK
FRIEND of the COURT DUTIES ......................................................... 2
OPTING OUT OF FRIEND OF THE COURT SERVICES................... 3
http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/focb_hbk.pdf

[Object to standing in Equity given to that which has NO STANDING IN LAW!" The court uses equity / civil jurisdiction to circumvent constitutional protections... (did the judge take an oath?); taking your child without consent 'in equity' is protection? Laugh-out-loud (it's treason!). In law, to impinge a lawful right, guilt must be proven "beyond a reasonable doubt" (90%). In equity, to impinge a lawful right, "guilt?" must be proven by a "preponderance of the evidence" (51%). What "defendant" would knowingly allow that? Administrative law is the false King.]
Brick Layer gives a special thank you to 'For HIS Glory, Joel Akira' ~ Sui Juris Club Forum

The children (no welfare) equally with both parents - no need for child support.
Joint Physical & Joint Legal Custody, Equal Parenting Time, and without welfare for tax payer recoupment - no need for child support.

 

[Brick Layer]

Who benefits from Title IV-D CHILD SUPPORT....

3 Ways the Child Support System Rips Apart Families | HuffPost

TITLE IV -D
The State receives 3 to 5 dollars for every dollar they extort from a non custodial parent from the federal government!!!

There are five funding streams for the Child Support Enforcement Program;
Each budget expands off the previous budget’s expenditures;
The child support program generates income for both the federal government and the states;
Cash Flow Generated by the Child Support Program exceed Child Support Enforcement program costs!!!
https://greenbook-waysandmeans.hous...house.gov/files/2012/documents/RL33422_gb.pdf
https://www.ncsea.org/documents/CRS-Report-on-CSE-Program-Basics-5-2014.pdf

Six Accounts for Incentive-related Funds are:
1) Prosecutor IV-D Incentive Fund
2) Clerk IV-D Incentive Fund
3) Title IV-D Incentive Fund (previously the “county general” fund)
4) Prosecutor IV-D ARRA Fund
5) Clerk IV-D ARRA Fund
6) Title IV-D ARRA Fund (previously the “county general” ARRA fund).
http://www.in.gov/sboa/files/SBOA_M...6-2011_-_Child_Support_Title_IV-D_Handout.pdf

“Money that is paid to the children are collected for the children (child support money) are matched by the federal government [66% reimbursement] AND THEN [Plus] THERE ARE INCENTIVES for DIFFERENT types of enforcement activities (matching funds at state and local levels as well), and so the judges each time that they grant or approve The Friend of the Court up someone’s child support collection their actually what they’re doing is padding their own pockets because that comes back to them, it indirectly comes back to them.” ~ Carol Rhodes 6:24
Title IV-D Family Court kleptocracy (judicial malfeasance of office).wmv

"The Child Support Industry is the darling of the circuit court and that we actually made money for the judge and the court unlike the Sheriff's Department and so many agencies; our county our state was not an exception to the rule..." ~ Carol Rhodes 1:21
Title IV-D Family Court kleptocracy (judicial malfeasance of office).wmv

Title IV-D Contractors
Federal Title IV-D Program 'Duty of Care' administered at the state level;
Office of Child Support (OCS) who then contracts the legal services of local prosecutors, sheriffs, and foc offices;
How has this term impacted your life?


Plausible Deniability
Plausable Deniability Law and Legal Definition | USLegal, Inc.

12:10
“….our agency has no rights to custody visitation we don’t deal with those issues we deal with child support issues alone.”

12:25
“The bureaucrat’s plea, we didn’t take your children the office down the hall took your children, then the next office down the hall takes your bank account, the next office takes your savings, and the next office along they take you.”

And let us not forget the PRIVATE BAR.... it's just business!
THE ROLE OF THE PRIVATE BAR
http://www.childsupportguidelines.com/arti.../art200009.html
Other provisions of the Act greatly expand the state and federal data resources to which a state IV-D agency may have access for child support enforcement (including public and private records of various kinds) and bestow upon the IV-D agency administrative authority to undertake a number of legal actions "without the necessity of obtaining an order from any other judicial or administrative tribunal."

"injecting the Federal government into domestic relations [law]," President Gerald Ford signed H.R. 17045 into law on January 4, 1975, and the Title IV-D program was born.

Child support provisions were incorporated into H.R. 17045, a bill redesigning federally funded social services.

Regulatory mechanisms and the statutory mandates it imposed upon the states, changing the character of family law in most matters affecting the parent-child relationship.

Plan provisions, 42 U.S.C. § 654, were amended to require IV-D agencies to provide bonding for employees receiving, handling, and disbursing cash and to separate accounting and collection functions within the state IV-D agency. Changes were made to federal incentive payment.

Under provisions of the Adoption Assistance and Child Welfare Act of 1980 federal matching funds for the administrative expenditures of state IV-D agencies in providing services to non-AFDC families were made permanent. Up to this point, such funding had been tentative, being periodically renewed, because of the belief that, in time, services to non-public assistance families could be entirely funded out of fees for services.

Both AFDC and non-AFDC cases were made subject to the same
mandatory practices and case processing standards.

....birth of the federal presumption (CSE).

In 1988, the federal government required the states to enact mandatory (“presumptively correct”) child support guidelines, in order to continue to receive federal funding of Aid to Families with Dependent Children (AFDC). Family Support Act of 1988, Pub.L. 100-485, codified primarily at 42 U.S.C. §§ 654, 666-67. The federal government also required the... states to require provision for a “child[ren]’s health care needs, through health insurance coverage or other means.” See 45 C.F.R. § 302.56(c)(3).

http://www.supportguidelines.com/articles/article.html

Child Support amount presumed to be correct each week due and owing a new order and not subject to retro modification....

Birth of the federal child support enforcement program and the Federal Title IV-D funding incentives programs!

THE BEAST '666'
42 U.S. Code § 666 - Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

SEC. 409. PENALTIES (7) Failure of any state to maintain certain level of historic effort.--
http://www.socialsecurity.gov/OP_Home/ssact/title04/0409.htm

“The authors find that a low-income noncustodial parent must have earnings 50 to 100 percent higher than the custodial parent in order to pay child support and taxes and enjoy the same standard of living as the custodial family.”
Noncustodial Parents, Child Support, and the Earned Income Tax Credit

CHILD PROTECTION SERVICES
Imputing IV-D Status
The CPS does not indicate whether a child support recipient receives IV-D services. Therefore, this information is imputed onto the file.
Child Support Cost Avoidance in 1999, Final Report




Follow the money - flow chart!

http://achildsright.typepad.com/followthemoney.pdf

Follow the money visually - Flow Chart!

Social Security Act §458
Social Security Act Title IV

Title IV-D Contractors (Child Support Enforcement Agencies) are the driving factor for the creation of a non-custodial parent and the creation of a child support order.
Federal Title IV-D Program dollars is what is keeping state and local county government budgets afloat (feeding the statists).

Grant programs are being used for revenue generation by the states as opposed to solving legitimate societal problems. States being able to use the Title IV-D / Child Support Enforcement Program as a tool for State Revenue Generation instead of Aid for Actual Needy Families.

Michigan Analysis,
"Michigan is a fairly centralized state, and local governments depend heavily on state grants..."


Government for the people by the people; the state and local governments need to find a new source of funding without destroying families.

 

[Brick Layer]

Last statement sent to Sentinel from self-immolation victim

Violence Against Women's Act is a true product of Washington's swamp

 

[Brick Layer]

Last statement sent to Sentinel from self-immolation victim

Violence Against Women's Act is a true product of Washington's swamp

ARE YOU AWARE ....you became a federal government employee upon birth, but how long will it be before you start getting your government paycheck?

Well, if you are knowledgable and willing to take action when you turn of legal age, you can renegotiate the terms of you employment; via W4 form.

Take control of your Estate/Trust and start operating is your lawful capacity as the Administrator/Executor to that Trust that was created for

YOU by your W2- employer.

Employment Legal Counselors at Law ...please tell your clients the

TRUTH!!!!!!

READ THE LAW IT WILL SHOCK YOU!
https://www.law.cornell.edu/cfr/text/26/31.3402%28p%29-1

The social security number is a government employee retirement account number, are you a government employee???

Then you do not need nor have to possess a SSN!!!
There is a withdrawal of application for the number form!

Fill it out and send it in!
Keep all your exchange amounts from your private property labor!!!!
Citing:
Marie Shannon Murphy-Thorpe

 

[Brick Layer]

Too Many States Have Laws That Literally Offer Financial Incentives To DESTROY Families