How can the courts enforce Child Support obligations if there is no proof that the Defendant is 1. absent, 2. failing to provide during periods of custody (near 50% ) 3. Both parties earn similar wages 4. Both parties provide homes for the child.

Real question is what is the burden of proof the courts should be using in making determinations?
If there is no proof of any of the causes for the courts to act then how is it justified?

I am currently in prep for appeal and have made several challenges in trial court regarding these issues. The statutes are not clear and appear to be rules for the Child Support Agency and not for the actual citizen.

I can provide more details if necessary but wanted to be short to avoid confusion.

In my opinion, Child support program is a racket. It is a money maker for the state from the federal government.

the goal is to avoid the process entirely and make arrangement with your partner/spouse.

Child support is payment system to the state and not necessarily productive for your family.

The statues are not clear because you are not in a court of law with child support agencies. They are administrative hearings being held by a magistrate.

if you decide to trust them with your life, then please review the laws in your state because there is no uniform standards.

good luck

Thanks for the response, I would like to know if there is a method to remove myself from their grip. I did not have any knowledge of the fact that they were not a court of law and out of good faith I cooperated with them partially. I did not sign any paperwork with them but did provide them with some information which allowed them to attach my wages and basically steal %65 of my wages.
I attempted to have a termination done in the common pleas court but they refused to allow it and sent it back to the child support agency. Then I tried again and the common pleas court again refused to terminate. No I am forced to Appeal to the Superior court in my state.

Any advice and direction will be greatly appreciated.

Thanks again,

I would make sure you file a claim, and not a complaint, in a court of record. A claim has superiority. A complaint is in an Equity Court.

A court of record is a common law court. Which means, the judge is not allowed to give any orders. You give them! Under Article 3 section 2 of the Constitution, there are only 2 classifications of court....super and inferior. The name "superior" means nothing. It has to be acting as a superior court. That means the judge is not allowed to give any orders. But also, it proceeds according to the common law. That means no code, statutes, regulations, ordinances, etc.

It is your guaranteed Constitutional right to have any case heard in a court of law....meaning a court of record. The 7th, 9th, and 10th amendments guarantee that!

Best of luck to you!
* Last updated by: SCOTT6 on 9/30/2016 @ 2:19 PM *

This is how I served notice of appeal to the trial court which was forwarded to the Superior court. I have heard in the audios that this is nonsense and wont do anything but make the judges think you are unknowledgeable. Has anyone had any experience with that being the case?

Comes now, on July 25, 2016, The defendant, My Name, A living breathing man, one of the people, not a member of the legal society, being free and independent, with god given inherent and inalienable rights, to provide a statement of concise matters to this court of record, to be presented upon appeal and to be filed upon the record. Defendant is reserving all rights and remedies and does not wish to waive any rights or remedies. Pursuant to the Order of Court dated July 14, 2016 and drawn by, Judges Name., and received on July 23, 2016 by the Defendant.

All this business about being a "living breathing man, one of the people, not a member of the legal society," etcetera will only get you treated like an anti-government person. It is NOT in my course and is NOT recommended.

SCOTT6 is incorrect again. Courts do give orders. That's what they do. Orders and judgments and injunctions and other paper that has power to accomplish justice. What he is saying is NOT in my course and is NOT correct.

Study the Child Support statutes in your state. They are law and they will ultimately control the situation. You may get a break here and there on child support, but the law is the law, and the Sheriff will enforce the law when the judge signs an order directing him or her to do so. PLEASE STUDY MY COURSE AND TO THINGS THE RIGHT WAY, INSTEAD OF TRUSTING PEOPLE WHO ARE MISLED BY THE LEGAL IGNORANCE THAT IS DESTROYING OUR NATION BIT BY BIT.

I have been trying to study the law and work according to your course. I would like to know more about how the state can have a compelling interest in my private life which allows to take my property and infringe on my rights without establishing any proof that I failed to meet any statutory duty.

Dr.s Graves is a very intelligent and good man. I would never take anything away from that.

Please make sure you quote me correctly. I never said the court does not give orders in a common law court, unless you want a judge to do so. I said the judge is not allowed to do so without leave of court. That is how a common law court works.

I hear this same argument from attorneys all the time. Attorney's are not taught how a common law court truly works. They are taught Equity and Civil law courts.

In Blacks' Law Dictionary 5th ed, a court is defined as "the sovereign and the suit of the sovereign." And who is the sovereign? The prosecutor\ plaintiff is. That is you.

Statutes are not law. Trey Gowdy even said on the record in one of the Benghazi hearings last year that statutes are for the government only and not for the People. Here are excellent 2 cases to prove so:

"The common law is the real law, the Supreme Law of the land, the code rules, regulations, policy and statutes are not the law." Self v. Rhay 61 Wn (2d) 261

"All codes, rules, and regulations are for government authorities only, not human/creators in accordance with God's laws. All codes, rules, and regulations are unconstitutional and lacking due process..." Rodriques v. Ray Donovan.

There are some statutes that are good, but they are not law. I will gladly admit that, but they are mere "suggestions". 3 years ago I was in court for a speeding ticket. A gal that had been rear-ended was in there for another citation that was part of the wreck. She asked the judge why she was given the citation. His response was "Why didn't you just move out of the way and run the stop sign? We wouldn't be here if you had. The statutes are a mere suggestion". Cannot even begin to tell you what a huge eye opener that was for me.

This is a very different approach than what attorney's do and how they are taught. Dr.Graves material is awesome.

@ Scott6,

I know you are offering what you feel is helpful. I looked at the quote above and the case and I would like to know where you obtained that information. Rodriques v Ray Donovan. , The case name is not spelled correctly, it is not a supreme Court ruling and the statement you quoted is no where in the case. Please check your sources before offering such tidbits. Also the Self V Rhay case was a losing case and I did not find that quote in it either. There are allot of people putting bogus quotes out there to hurt people and cause issues. That's why it is very important to use good sources and not share anything that we haven't fact checked. Thanks for trying but I was unable to verify either of the things you quoted.

I have some experience with child support hearings in New York and any orders of the child support are enforceable by the sheriff. Ignore the "free man" speech. this will not help you.
if you are entangled in the support order, then you need to sit, catch your breath and decide that you will get all the documents of your case.
Next you may need a transcript from the hearing you appeared for and accepted jurisdiction. Check the transcript, what did you agree to do in order to execute this contract. Yes, you did accept but how.

At some point, you agreed to the order and so find out when the order started. Find out who is the other party in your case. First is the State, who is the next party spouse\partner. Remember the State is the superior party in this contract and the "parents" are subordinates. This is not the place to explain why the State is superior.

Once you find the document, locate the other party agreement. You must develop a timeline of events. Once you are in a child support system, it is very difficult to get out unless both "parents" agree (I use quotes for parents deliberately, this is for another discussion). The State will use every tool of law to keep you tied to the system because each state get reimbursed by the Federal for every dollar collected under SSA Title IV program - basically a collection agency role.

Is this your child? May sound obvious but I know of several men who are paying support to children that are not theirs.

Next get a accounting from the State the breakdown of your payment so far. Contact your employer and asked for the document that was sent to them from the "court" and look for the magistrate or judge that signed the order. If you are appealing the order, you need the judge's name. for example,
Appeal taken from the Decision and Order of "Judge" dated "????" regarding the order of support for the child "????" in the State of "your state".

this is long battle. Use the tools in this forum