Questions and Arguments
For Your Lawyer to Address
Ø
What is IV-D?
How did I become a IV-D case?
o
IV-D is a federally regulated government
program that is state supervised/county administered, providing welfare
services for:
§
IV-D Public Assistance cases
§
IV-D Non-Public Assistance cases
o
It is a federally funded government program
established in 1974 under Title IV of the Social Security Act, which reads:
§
Title IV:
Grants to States for Aid and Services to Needy Families and
Children and for Child Welfare Services
§
Part D: Child Support
and Enforcement of Paternity
o
IV-D was meant to financially protect
mothers who were not expected to work, but rather, expected to stay at home
with their child(ren) who were determined “dependent”
by the government because they had determined “abandoned” by the father (See
Education Booklet #03-02 Definitions)
o
The Congressional intent and purpose
of IV-D was to create a system to:
§
recover
money from the fathers who had children dependent on public assistance for
their basic needs, and
§
ensure
financial support from fathers who's children were at risk of being on public
assistance if they didn't receive support
o
Authority
for this federal program is found in:
§
42 USC 654 (4)(a)(i)(ii) and CFR
302.33
o
The government has expanded its reach and
erroneously applied the program to every private action, which is
unconstitutional.
§
A private action is a case where there is no
debt to the public authority – where individuals stipulate their own support
agreements without government intervention
o
It is not an entitlement program,
but it is erroneously implemented like an entitlement program.
o
If payments are sent to the
o
An OFP (Order for Protection) will
automatically require a IV-D agency referral,
requiring no IV-D application.
o
A public assistance case will
automatically require a IV-D agency referral,
requiring no IV-D application.
§
This includes child-care assistance and medical
assistance.
Ø
Who qualifies
for IV-D welfare services?
o
Neither parent need to be on public
assistance to qualify for this welfare program
o
There are no eligibility standards
for this welfare program
§
Anyone who applies for the support, collection and
enforcement services will get the services, regardless of income
, assets, or financial need
o
The IV-D application must be filled
out by one of the parents to become effective.
§
If no custody has been determined, whatever parent signs up first for IV-D services “wins” temporary custody.
§
If custody has been determined, the custodial
parent can apply for the services whether they have an existing child support
order or not.
o
The parent who signs the IV-D application turns over
all legal support rights of the child(ren) over to the county, regarding all legal actions for
child support collections and enforcement.
§
this
is called “the assignment of rights.”
Ø
What does the applicant-parent
get?
o
The applicant-parent gets FREE services:
§
Complete and thorough legal services (by the county
attorney) – the applicant-parent never has to hire an attorney or initiate any
legal action again
§
case
worker
§
billing
and collection services
§
computer
tracking
§
wage-with-holding
§
criminal
prosecutions
§
etc
(over 100 FREE services being paid by tax dollars)
o
Once the application is filled out, a county
attorney will be at every child support hearing that exists, until the child(ren) have emancipated
o
The county attorney may say they are representing
the child; they may say they are representing the case worker; they are really
representing the IV-D agency in order to get as much money out of you as
possible, because they are funded by federal government reimbursement money and
a financial bonus incentive which is based on a percentage of your monthly
child support payment collected -- your child support is their revenue stream!
Ø
Were my constitutional rights
violated?
o
Absent notification
to you and if you’ve been afforded no opportunity to object to the IV-D
services, your constitutional rights to due process were violated
– as a parent you have equal say about the rights of your child.
o
The other parent cannot unilaterally assign
the rights of your child(ren)
over to the county
o
The application gives the county the power to “take
charge” of your child and be involved in your child support case until
emancipation.
o
Without this application, the county has no
jurisdiction in your case, unless the applicant-parent is on public
assistance. The state/county has a no compelling state interest
in your case if your children are not “dependent” on public assistance for
their basic needs. The state/county has no jurisdiction in your private
family agreements, absent abuse, neglect, or harm.
o
With this application, the county has no
jurisdiction in your case, if you, as the other parent, object to the services.
o
It is unconstitutional if you have been denied the
opportunity to complete a private stipulated
agreement.
Ø
How do I get my child off
these IV-D welfare services?
o
Most county representatives believe
their power and authority cannot be removed from your child support case
o
The power and control of the county government
agency can be removed in two ways:
§
applicant-parent
provides written notice to the county case worker to withdraw
services (no court action needed)
·
See MN Rule 9550.0091 Clients Right to Accept or
Reject Services
§
the
other parent provides a written objection (See
Education Booklet #AL03-
·
See Federal Law 42 U.S.C. 1301 (d)
o
The county will lead you to believe that if you are
ordered wage-withholding that one parent must sign up for full
IV-D services – this is not true.
o
If wage withholding has been court ordered in your
case, there is another form called "Non IV-D wage withholding only"
§
this
service costs $15 a month -- but it is well worth it because it limits the
county involvement in your case and it assures the other parent and the judge
that the payments will be made
Ø
Were my constitutional rights
violated?
o
Absent notification
to you and if you’ve been afforded no opportunity to object to the IV-D
services, your constitutional rights to due process were violated
– as a parent you have equal say about the rights of your child.
o
The other parent cannot unilaterally assign
the rights of your child(ren)
over to the county
o
The application gives the county the power to “take
charge” of your child and be involved in your child support case until
emancipation.
o
Without this application, the county has no
jurisdiction in your case, unless the applicant-parent is on public
assistance. The state/county has no compelling state
interest in your case if your children are not “dependent” on public
assistance for their basic needs. The state/county has no jurisdiction in your private
family agreements, absent abuse, neglect, or harm.
o
With this application, the county has no
jurisdiction in your case, if you, as the other parent, object to the services.
o
It is unconstitutional if you have been denied the
opportunity to complete a private stipulated
agreement.
Ø
How do I get my child off
these IV-D welfare services?
o
Most county representatives believe
their power and authority cannot be removed from your child support case
o
The power and control of the county government
agency can be removed in two ways:
§
applicant-parent
provides written notice to the county case worker to withdraw
services (no court action needed)
·
See MN Rule 9550.0091 Clients Right to Accept or
Reject Services
§
the
other parent provides a written objection (See
Education Booklet #AL03-
·
See Federal Law 42 U.S.C. 1301 (d)
o
The county will lead you to believe that if you are
ordered wage-withholding that one parent must sign up for full
IV-D services – this is not true.
o
If wage withholding has been court ordered in your
case, there is another form called "Non IV-D wage withholding only"
§
this
service costs $15 a month -- but it is well worth it because it limits the
county involvement in your case and it assures the other parent and the judge
that the payments will be made
Ø
Should I get a copy of the IV-D
application that was filled out for my case? How do
I get a copy?
o
The application has extensive
information about you provided by the other parent; it is likely to be
inaccurate information regarding your finances, which may create bias against
you
§
The county does not verify the information
for accuracy
o
The application requires the
applicant-parent to disclose all the known financial information about you, but
the application does not require the applicant to provide any of their own
personal financial information.
o
MN statutes state that if you are a subject
of any data the agencies are required to provide you that information upon your
request.
Ø
Is there any benefit to the other parent
(non-applicant)?
o
No.
Ø
This welfare program must cost a lot – if
the applicant gets everything for FREE, who is paying for this?
o
The program is funded from federal tax
dollars, state tax dollars, and county property
taxes.
o
IV-D for non-public assistance cases is
funded by your county property taxes to the tune of $3 million - $5 million
additional tax levies per year, depending on your county - yes, you pay
property tax so the county can afford to fight you for more child support!
The IV-D Child Support Enforcement Program is a voluntary program and it is not mandatory if there is no public interest.
Ø
Should I get a copy of the IV-D
application that was filled out for my case? How do
I get a copy?
o
The application has extensive information
about you provided by the other parent; it is likely to be inaccurate
information regarding your finances, which may create bias against you
§
The county does not verify the information
for accuracy
o
The application requires the
applicant-parent to disclose all the known financial information about you, but
the application does not require the applicant to provide any of their own
personal financial information.
o
MN statutes state that if you are a subject
of any data the agencies are required to provide you that information upon your
request.
Ø
This welfare program must cost a lot – if
the applicant gets everything for FREE, who is paying for this?
o
The program is funded from federal tax
dollars, state tax dollars, and county property
taxes.
o
IV-D for non-public assistance cases is
funded by your county property taxes to the tune of $3 million - $5 million
additional tax levies per year, depending on your county - yes, you pay
property tax so the county can afford to fight you for more child support!
The IV-D Child Support Enforcement Program is a voluntary program and it is not mandatory if there is no public interest.
“Finally, be
strong in the Lord and in the strength of His might. Put on the whole armor of God, that you may be able to stand against the wiles of the
devil.” Ephesians 6:10-11
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and support organization dedicated to conserving family autonomy, encouraging
responsibility, and preserving equal protection of parental rights to safeguard
their children’s welfare
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Challenging The Government Program That
Caused Intervention
The purpose of this information is to help ensure that you are asking your lawyer all the pertinent and relevant questions that must be addressed in your motion, affidavit, and memorandum of law, in order to help ensure a thorough argument based on all facets of the law. No argument with merit should be overlooked; and, every document is critical to the record. Your case must be appropriately and adequately presented to the court, to protect and safeguard you for all possible appeal issues.
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