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Possible Lawsuit Against the Child Support Agency ?

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  • Possible Lawsuit Against the Child Support Agency ?

    So let's breakdown exactly what it is about this possible lawsuit...

    On my intial document, it says "Child Support OBLIGATION"
    πŸ€¨πŸ€”...

    Ever noticed on your child support documents, you are identified as the Obligor ? That's because you are "Obligated" to participate and commit to Child Support Services (CSS)...by making payments and keeping a job, and suffering the consequences if you don't fulfill this "Obligation"...

    Still confused ?...

    Well, for starters, lets look and some legal terms and definitions to understand what that means exactly...

    What is the legal definition of an "Obligation" ?...

    β€œObligation” is a duty to do or not to do something. In its legal sense, obligation is a civil law concept. An obligation can be created voluntarily, such as obligation arising from a contract, quasi-contract, unilateral promise. https://www.law.cornell.edu/wex/obli...eral%20promise.

    So, in general, an "Obligation" means you are making a promise to complete a duty for someone, i.e. CSS. It arises from a "Contract".

    Now, what is legal definition of a "Contract" ?

    "An "agreement" between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality." https://www.law.cornell.edu/wex/cont...and%20legality.

    We will talk about the "5 Elements of a Valid Contract" later.

    Pay attention to the first sentence of the definition of "Contract" : "An "agreement" between private parties (Civil Matter) creating mutual obligations enforceable by law."

    This sentence is clear.

    Is that not what Child Support is ? Think about it, in your case you have an Obligation to make monthly payments willingly and without an enforcement order, and when you fail to make those payments willingly and the past due debt becomes delinquent, you are now subject to an Enforcement Order, i.e mutual obligation enforceable by law.

    Ok, now what's the definition of an "Agreement" ?

    "An agreement is a manifestation of mutual assent by two or more persons to one another. It is a meeting of the minds in a common intention, and is made through offer and acceptance." https://www.law.cornell.edu/wex/agre...even%20silence.

    In other words, an agreement is a creation of understanding between you and CSS. Through offer and acceptance, we are agreeing to their offer with common intentions, meaning no secrets kept in the offer before acceptance of the offer, i.e. Child Support Services.

    So, your "Enforcement Order" comes from, and can only come from this agreement from acceptance of the offer of Child Support Services.

    Which is the "Child Support Obligation" pictured in the post.

    It is a Voluntary Contract Agreement...

    IV-D Child Support Services is a Federal Program under the Social Security Act Title IV Section D and administered and overseen by the Department of Health and Human Services, Office of Child Support Enforcement.

    Just in case you want to hear it from the horses mouth, check out their Glossary of Child Support Terms and Definitions. You can find it here : https://www.acf.hhs.gov/media/6024

    Look at page 9, and look at the term "Consent Agreement":

    "Voluntary written admission of paternity or RESPONSIBILITY FOR CHILD SUPPORT."

    Now, on page 9, look at "Child Support Order" :

    "The document that sets: (1) an amount of money that is to be provided by a parent for the support of the parent’s child(ren) and/or (2) the responsibility to provide health insurance or medical support for the child(ren).

    This amount or RESPONSIBILITY MUST BE ESTABLISHED BY court order or ADMINISTRATIVE PROCESS, VOLUNTARY AGREEMENT (IN STATES OR TRIBES WHERE SUCH AGREEMENTS ARE FILED IN THE COURT OR AGENCY OF THE ADMINISTRATIVE PROCESS AS AN ORDER AND ARE LEGALLY ENFORCEABLE) OR OTHER LEGAL PROCESS. It may include a judgment for child support arrearage."

    Bottom line, if you took a DNA Test with a Child Support Agency through its services and you were found to be the father of the child, you do not have the responsibility to child support, until a written agreement is made by and signed by you stating that you do.

    If you did not know at the time of the true intentions of accepting their offer, for example they are telling you payments are to support the child or are in the best interests of the child, when actually the payments are never given to the child but to the State and County Treasury.. That isn't a valid "offer and acceptance".

    Spoiler : ...Or if they did not tell you that they (CSS/CSA) are a private agency, single and separate from the state they operate in...
    ( https://www.law.cornell.edu/cfr/text/45/302.12 )
    ...and the services they are offering to you are private non government services, and instead acted as an agency of the state and offered their services as state services that were mandatory by court order during the offer and acceptance of this voluntary agreement... This is considered Duress by Undue Influence by Misrepresentation, which is considered a void and unenforceable contract under Contract Law.

    πŸ˜‰πŸŽ―β€πŸ’―

  • #2
    So because this is a voluntary contract agreement, I sent the Director of the IV-D Agency a notice to cancel the contract as a 1st step before taking court action.

    The grounds that I am claiming are in the letter pictured and attached to this reply...

    Comment


    • #3
      You're wrong about the whole contract thing. There are statutes (with penalties) for not paying child support. Sue this agency and you will lose. But don't take my word for it. Ask a lawyer what your chances of success are.

      PS: You made the baby. Support it. Don't be an as-shole.

      Comment


      • #4
        hmm--but the agencies really are out of control

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