Family Rights Discuss Family Rights such as Home Schooling, Raising Children, and dealing with the CPS (Child Molestation Service) seizure of children.


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  #1  
Old 07-27-2008, 08:40 AM
Moorish Empire Moorish Empire is offline
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How To Fight Back Child Support Created By Tanf

Ok my situation:

how can i fight a back child support thats owed to the state do to my sons mother recieving tanf.

i was put on child support cause my sons mother wanted to get housing. she had no source of income so she took out tanf which gave her a source of income. she said she was going to close the tanf after she got the place. she didnt. after she got the place prior to her getting a job i was paying her rent $60 and doing what i could for my son as im a single father with no help what so ever. i do without the use of fake as government. the whole time i was unaware she was receiving tanf. ive always took care of my child even while she was receiving tanf. so i feel like there is no way i should have to pay back money she received from them. i have no active case as i finally got her to take that **** off all together. but they say i owe back cs for while she was receiving tanif that they cant take off. how do i go about legally lawfully dismissing this claim they have against me? thanks in advance for any help

ive also read that ucc doesnt apply to child support cases? is this true? i feel like i should be able to ask dcse to validate there claim through the affidavit process and make them default? but can i really use this process in family court if the fail to rebuttal my affidavits and take me to court for failing to pay? i verbally asked them along time ago to verify the debt but they stil will take you to court and or want you to pay while they say there looking into it. ive received a letter from the case worker saying i owe this and that they are still looking into it. well any good advice would be greatly appreciated. thanks in advance
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  #2  
Old 10-17-2008, 12:23 PM
Mindwire Mindwire is offline
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I'm Confused Too

I am dealing with a similar situation. I have a "Child Support Order". It does not specify for payments to "go through" other agencies but the mom's filed for enforcement even though I pay them monthly just can't meet the full amount. There are statutes in the states granting that an establishment of an agency be created to enforce child support. My credit is completely shot. First I don't understand how I can receive notice that I owe "Them" money, second that there is some kind of credit granted and therefore they can put such marks on my credit report. The UCCJEA deals with rules to prevent interstate kidnapping but is basically the tipping point to pull subject matter over anyone with a child.
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  #3  
Old 10-17-2008, 07:46 PM
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kothjjh kothjjh is offline
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Title 18

ILS Services, Inc.
Austin Centre #1860
701 Brazos, Suite 500
Austin, Texas 78701

Email: ilsservicesinc@yahoo.com

Title 18 part 1
part 1 crimes

Chapter 11A Child Support

1.) show the enactment clause of title 18
2.) show when title 18 was published in the federal register

if the district courts who are presume to know the law, are making prosecution and rulings and there is no jurisdiction it becomes a direct confilect of intrest for them to rule on title 18.

as there would be no subject matter jurisdiction,so it makes the judge libal, civil libal,and posible criminal libal. for making these ruleings on a invalid stutes.


ILS Services, Inc., a leading legal research firm headquartered in Austin, Texas, announced that it has been advised that the first person has been released challenging the validity of Title 18.

Further research by ILS has also uncovered another significant error in the criminal code. The federal Title 18 criminal code was codified in 1909, again in 1940, and again in 1948. In 1909 and 1940 the jurisdictional section for federal courts only authorized prosecution under Title 18 crimes, not under drug crimes or IRS crimes. The 1940 statute, 18 USC § 546, we never repealed or amended. That statute, which is still valid, only authorized prosecution for 1909 Title 18 crimes, nothing for Title 21 or Title 26. Furthermore, under the Fair Warning Doctrine, to prosecute someone under a prior statute, a person must be given warning under that statute. Therefore, no possible prosecution exists under Title 21, Title 26, or under any Title 18 charge other than those listed in the 1909 act, but prior notice is required.

ILS intends to reopen cases by raising the additional error, which would deprive the court of jurisdiction over any criminal case.

The courts are a part of the department of justice if the courts were independent they would only care if the proper constitutional decision was made.

Was Title 18 in 1948 voted on by the house of representatives?
I can find no vote by the house on title 18 in 1948.

What I have found is this,

The 80th Congress to the United States was convened in 1947 January and ended in December of 1948 IN TWO sessions one in 1947 and one in 1948. the idea was to codify the criminal code of the United States to make it simplerad to remove any ambiguities and to define what the penalties were. and also to create another Jurisdictional fiction which gave the district court the authority to prosecute crimes.

This created a jurisdictional fiction 18 U.S.C 3231
The house voted on an passed the codification of title eighteen June 1948 then Congress adjourned, after congress adjourned the the president of the United States Called Congress back into session by approximation .

The basic rule of law which comes down from the English " when a president or king called Congress back in session it terminates all previous legislation"


They stayed in session for a month or so.
Then they convened again.
Then the president of the United States called in to session again.
At the end of 1947
Congress then had a adjournment and call this a adjurnment a sine die (any thing not singed dies) adjournment.There where two major a adjournment in 1947 the one at the end of July, then the one at the end of December.

Now if we look at:

1.) Kennedy v. Sampson, 511 F.2d 430, 444, Appendix, N.4 (1974)

2.) Kennedy v. Sampson, 511 F.2d at 444, Appendix, n.5

3.) United States v. Hayman, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232 (1952).

4.) See Brendan W. Randall, Comment, United States v. Cooper, The Writ of Error Coram Nobis and the Morgan Footnote Paradox, 74 Minn. L. Rev. 1063, 1106 n. 71 (1990)(citing the Congressional Record).

5.) We have to look at and understand How and why
Public Law 80-773, the underlying statute, is unconstitutional on its face, 28 U.S.C. § 2255 (1948) and 28 U.S.C. § 2241, et seq. (1948) whose validity as law is directly intertwined and dependent on the “passage” of Public Law 80-773, are likewise
unconstitutional on their face, void ab initio as a matter of law.

Which are :

In summary, the main problems with the enactment of Title 28 of the United States Code by the 80th Congress are the following:

(1) The two houses of the Congress passed the same numbered bill, one house in the first session of Congress and the second house in the second session of the same Congress (the two sessions being separated by a sine die intersession adjournment). Specifically, it is unconstitutional (or illegal) for the House of Representatives to pass H.R. 3214 in 1947 (in the First Session of the 80th Congress) and for the Senate to pass it in 1948 (in the Second Session of the 80th Congress), without the House passing it once again in the Second Session).,

(2) An H.R. bill cannot be first passed by the Senate before it is passed by the House of Representatives. Specifically, the fact that the House of Representatives concurred in the Senate amendments (on June 16, 1948), after the Senate passed the amended H.R. 3214 did not cure the problem.

(3) It is unconstitutional for the President to sign an enrolled bill after the final adjournment of the Congress (not in open session), after a sine die adjournment, and when he pocket vetoes 14 bills.. Specifically, it is unconstitutional for the President to sign H.R. 3214 into law after the final sine die adjournment of the 80th Congress on June 20, 1948 when he pocket vetoes 14 bills.

(4) The above-referenced (3) is unconstitutional even in light of the House Concurrent Resolution 219, which both houses passed on June 19, 1948, to authorize (3), because President Truman never had to sign H.Con.Res. 219.

(5) The above-referenced (3) is also illegal under 1 U.S.C. § 101, which states “BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED.” Despite the fact that both houses of the 80th Congress passed H.Con.Res. 219 to authorize the above-referenced (3) because a House Concurrent Resolution does not require the President’s signature and, thus, cannot override (invalidate) 1 U.S.C. § 101.

(6) The House of Representatives never voted on the amended bill that the Senate passed on June 12, 1948. Thus, even if we assume that there is no problem with the House of Representatives passing H.R. 3214 in the First Session (1947) of the 80th Congress, the problem is still not solved because the Senate amended the bill that the House had passed in 1947. Thus, the House and Senate passed different bills, in violation of the Presentment Clause, Article I, Section 7, of the Constitution.
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  #4  
Old 10-17-2008, 07:46 PM
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kothjjh kothjjh is offline
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title 18

(7) The enrolled bill was altered from the engrossed bill to make it appear that the bill passed both Houses of Congress in the second session of the 80th Congress, rendering it a fraud and forgery and invalid. Specifically, the enrolled bill must be the same as the engrossed bill, to establish that both houses passed the same bill. The 80th Congress decided to violate the Separation of Powers Doctrine and falsify the dates on the enrolled bill, rendering it a fraud and forgery and void.

(8) Since Congress adjourned for 113 days on July 27, 1947 and again for 13 days on December 19, 1947, in violation of Article I, Section 5 Clause 4, of the Constitution, the bill was rendered invalid and unconstitutional after the adjournments.


So now we have a sine die adjorurnment as defined by the Washington the DC Court in July, then we have a sine die adorurnmrnt as declared by Congress in December, that ended the 1947 session the bill hd been sent into the senate the senate took no action on it 1947.

Then the 1948 session started there was nothing started again in the house in 1948 however in june of 1948 of that year the house bill which is house bill 3190 showed up in the senate, the senate and the amended that bill with some significant amendment, the senate then asked the house to concur the amendments.

The house conured the amendments however they never voted on the amended bill.

So now you have one bill passed by the house in 1947 you then have a different bill passed by the senate in 1948.

The senate never voted on the house bill of 1947, the house never voted on the senate bill of 1948.

On June 20, 1948 Congress adjourned, now here we have a bill that was passed by the house and a another bill passed by the senate. Then what do we do with ?

The speaker of the house and the President pro tempore of the senate then signes the bill on june third 1948.

All we have to ask which the law if they sign?

The signed the bill passed by the senate in 1948 not the bill that was passed by the house in 1947, however we have to realize that Congress had adjourn.

Now you can not sign legislation into law after Congress had adjourned.

Another point,to look at is what is required when a bill goes into law the bill has to be certified as a true and correct bill.

the bill that was certified is the the 1947 bill by the house,and not the bill by the senate in 1948 so we have one bill signed the 1947 bill, and we have another bill certified the 1948 bill,

the singed House bill of 1947 is never certified and the other certified bill by the senate of 1948 was never singed.

Now they take the Bill that was not certified to the president that was never voted on by the house and the president singed the bill into law in 1948.When the senate and the house where not in session.

Under the federal register Act
The public is entitled to knowledge of any new legislation.
which means that it has to be published in the federal register.
title 18 and none of its sections where ever published in the frderal register.

So now you have a title 18 thats been used by the courts to prosecute people since 1948 that was never passed into law.


One other importent piece is that West Law when they prepare the code that codify statues does not publish the enactment clause which is required on any bill to make it valid.

If there is no enactment clause,there's no Federal register act, you have two different bills no one knows which bill is valid , there is one certified and then one signed by the president of the United States.


under title 28 US code 2241
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS

(a) Writs of habeas corpus may be granted by the Supreme Court, any
justice thereof, the district courts and any circuit judge within their respective jurisdictions.

The Supreme court rules state that at there distestion if some thing is of vital improtance to the nation that they will hear it as a habeas petition, and

if the district courts who are presume to know the law, are making prosecution and rulings and there is no jurisdiction it becomes a direct confilect of intrest for them to rule on title 18.

as there would be no subject matter jurisdiction,so it makes the judge libal, civil libal,and posible criminal libal. for making these ruleings on a invalid stutes.


The District courts have a conflict of intrest.
The district courts of the united States have no authority what so ever to make any ruling on title 18 because defined conflict of intrest.
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  #5  
Old 10-18-2008, 12:00 AM
Mindwire Mindwire is offline
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Very Interesting

Thank you for the information, I will have to certainly print this out and cross reference point for full comprehension to verbally state conditions and plan.
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  #6  
Old 10-18-2008, 01:36 AM
Godssun Godssun is offline
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Quote:
Originally Posted by kothjjh
the first person has been released challenging the validity of Title 18.

This is not true at all! Incredible how gullible some are!
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Old 10-18-2008, 05:40 AM
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kothjjh kothjjh is offline
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show that its not true

Quote:
Originally Posted by Godssun
This is not true at all! Incredible how gullible some are!

well then you have it easy then dont you all you have to do is show where

1.) show the enactment clause of title 18 for 1948
2.) show when title 18 was published in the federal register

show me these two
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