Season 6 Episode 12 - EXPLAINED: LAWSUIT Against The New York for 1099 Independent Contractors and Workers.

EXPLAINED: LAWSUIT Against The New York for 1099,
 Independent Contractors And Workers.
 (c)Copyright, 2021-2030


Announcement: Legal Options for 1099 Workers and Independent Contractors in New York

To all 1099 workers and independent contractors in New York, listen up! You have the chance to take legal action concerning child support issues in the state.

Introducing our initiative, Child Support Lawsuit Simplified. Our goal is to provide you with the tools and knowledge needed to effectively maneuver the legal landscape. We recognize the hurdles you might encounter, including instances of judicial misconduct at both state and federal levels.

Our program isn't just about offering advice – it's about empowerment. We aim to empower you with strategies and techniques to advocate for your rights and navigate the complexities of child support disputes with confidence.

Join us as we work to ensure fairness and justice in child support matters. Your voice matters, and we're here to support you every step of the way.

Child Support Lawsuit Simplified. We teach you strategies and techniques to free yourself of judicial misconduct from the State and Federal. The guarantee is YOURS.

📖 To Schedule Discussion and Conversation:
👥 Calendar: https://bit.ly/Calendar-ChildSupport
📢 Email: Chrish289@protonmail.com

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Chapters

• 0:00 00:00 - START
• 0:41 Statute 1099 and Booket New Hire
• 0:51 Contract - Title 4D
• 2:16 Not A State Agency
• 2:45 28 USC 1654 Conduct you own case
• 3:36 New Hire Reporting for 1099
• 6:42 Disclaimer

Transcript

                               EXPLAINED: LAWSUIT Against The New York
                           For 1099 Independent Contractors and Workers.

Email: Chrish289@protonmail.com
            (c)Copyright, 2021-2030
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I am so excited. Let me explain.
If you're a 1099 worker, you can file a lawsuit against child support agency within the state of New York. I repeat, you can file a lawsuit right now. I produced a video called 10 Nine and worker program we're in as the child support in New York, they passed the law in which to independent contractors. So you will need the statute as well as the booklet in order to file a lawsuit within the state of New York. 

The the title for the program is contained in the State Department of Social thirst services. It's a contract. Again, it's a contract. It's a single and separate agency organization. And it's a contract. The Supreme Court case, blessing versus Freestone. It says that child support has nothing in common with the child or the mother. 

Again, it's a single and separate agency has nothing to do with the mother and the child. So speaking of the Supreme Court, there are five Supreme Court cases that you should already know, you know, review that, again, it's my opinion, but you need to know the five Supreme Court cases that you should already know. 

The title for the program is not a state agency. Yes, it's not a state agency. And we fought we filed a Freedom of Information Act, and it was March 17 2023. And it was signed by the governor of the state, which is Kathy Hall cool, as well as Barbara Quinn. And again, it's not a state agency, then what is it 28 USC 1650 for all courts, it reads all courts. Parties are pleading and conduct their own cases, personally, or by counselor. Again, if you want to start a lawsuit within your own personal or you can have counsel, it's your choice. 

But again, you can file a lawsuit against child support. The state of New York, the legislators got together and expanded what is called a Child Support Program, which real name or official name is the Office of Temporary and Disability Assistance, that is Office of Temporary and Disability Assistance. 

And they had a conference in which they discussed independent contractors in 2021. As a result of that Congress con conference they expanded was called the new hire reporting of independent contractors starting January 1 2022. That is the changes are chapter law 504 signed on October 25 of 2021. Employers must report independent contractors, that is contractor who is low as a guest revenues of $2,500 as part of their base contract. This particular law that passed it's called 1242.
 
And it goes into effect January 7, I'm sorry, it was passed on January seventh 2021 And goes into effect a year later. Now if you notice the Assemblyman or government, you know, people the house in the Senate, or Cahill, Griffin, Jacobson and the like. So here's a question. Are you is your congress person you state representative signed on to this bill, or is co-sponsor this bill? 

That's an interesting question as to research in New York. But as I research it further, this is what it says the justification for doing this. It says that self employed pairs are among the difficult to collect child support.
 
Businesses are not required. In order to collect an independent contractors again, they are not required So my video research was correct, prior to this new law, but also take a look at the history. They've been attempting to pass this since 1999.
 
As you can see there on the bottom, it's they tried it, and they've tried it every year in 2005 2007 and 13. So they've been trying a long time to get this. So why are we covering or understanding jurisdiction because jurisdiction is the cornerstone of our legal process. 

Now, there's a maximum of law that says ignorance of the law excuses not in ignorance of the law, excuses, no one. And to put another way, it is presumed that the public, which is everyone knows the laws, and the fence of ignorance is typically not allowed. And in the recent case of state vs. 

Miller decided in 2017, out of North Carolina Supreme Court, but the ignorance of this law also goes towards judges in attorneys. Yes, they also cannot use ignorance in which to defend whether or not they know the law. So, in this lesson of what's called a statutory jurisdiction, here are the requirements, you must first ask, is there a statutory requirement for which to have personal jurisdiction within the forum over the respondents. 

The next you ask the constitutional whether or not the court can exercise personal jurisdiction or equivalent, as well, as does the respondent have a minimum contact with the forum? Hello, my name is Chris. And in this session, Lesson two, we will review the statutory limitation of jurisdiction so that you can use this to separate from the Child Support Program. Let's get started. You can also listen to us on our podcast, we're available on all the major podcasts, Spotify, Apple and Google. 

Also, we ask for a donation. Yes, we are asking for a donation. All this research that we're providing it takes time and energy, and we're just asking for a small compensation, just to keep our channel going. And if you have a small as a $5 Cash App, we're welcome. We're asking for $25 Gift donation, but again, any amount will be accepted. 

So jurisdiction, every state legislator passes statutes that details a situation which the courts will accept will exercise personal jurisdiction. When any court exercise personal jurisdiction, it must do so pursuant to an explicit grant of authority in the legislative statue, or else the court may not exercise personal jurisdiction over the parties in an action that includes child support. 45 CFR three Oh 2.17 is called the inclusion of state statute. 

It says here, the state plan shall provide a copy of the state statutes or regulations. That is pursuant of state statutes, as long as they have the forces of law to include citations and regulations. And it must provide for three specific area determinative paternity of child established a child support obligation and enforce support and obligation. 

Why is this statute very important? Child support is a federal program that is administered in the state. I've had several conversation with people who tell me it is a state issue. It's all driven by the state. Well, this statute cannot be more clear. It is a federal program that will include certain state statutes that have the force effect of law. Now, why does it need to have the force and effect of law because the Supremacy Clause United States controls everything? 

As the supremacy clause says? It establishes the federal constitution. 

That is federal law has precedent over state laws and statutes in their constitution, and it prohibits the states from interfering with the exercise the federal government, in addition to that, the separation of powers the government, in other words, the federal government sets the requirement that each branch of government is distinct, legislative, executive, and judicial and no person charged with managing one side of the branch to have influence over the other side. That is, the Child Support Program is an executive program

It's not a legislative program. It utilizes a legislative program. But it is an executive program. And it's a Supremacy Clause is found in Article Six, paragraph two of the Constitution United States. Now, I'm stressing this because again, I've had this discussion with folks that talks about this. The federal rules, and the Constitution, not only is just a piece of paper, it is the law of the land. It's not some principle ideas, or category. It is the boundary by which everything is done, including the principle of judicial review that the courts uses in terms of laws and statutes. 

Likewise, officers of the court takes an oath of affirmation to the Constitution, United States, they don't take an oath of affirmation to the state. They follow the state guidelines state constitution, but they take an ultimate oath to the Constitution. That's Marbury vs. Madison. 

So this discussion as to whether child support follows the Constitution should be a now and forever, the only compensation. Now, here's where the game changer begins. Right? There is another section to the 1983, called private individual liability. 

And it reads, the private individual may be subject to 1983 if he or she willfully collaborate with an official state actor in depriving a federal right. And that is doors versus City of New York, as well as an agreement between those private parties. So who are these private party? Well, title four D is not a state agency. 

It is a separate agency, within the Department of Health, we know that from my videos, well, here's what you can do. Not only can you sue, the police officer for the rest, but you can sue, that judge or magistrate or attorney that initiated the arrest. This is the game changer. When that judge or magistrate said to you, I'm going to arrest you, you have now added that person to the lawsuit, as well as the police officer. This is the fundamental game changer. 

The second test of limitation is the constitution. Under the fifth and 14th amendment under the Bill of Rights, it reads, No person shall be held to answer for a capital, or otherwise infamous crime, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use without just conference compensation. And that is under the Bill of Rights, the due process clause. 

So let's take an example one of those example. Many people will hear about motion to vacate. Now, on the surface the way it sounds like, Oh, you just filed a motion to vacate. You go into court, and you argue with the judge that they don't have jurisdiction over you. 

You do not have to pay child support, and you're home free? Well, here's where, as I said, ignorance of the law is not a defense. What does it mean when you file a motion to vacate? Will here's the definition. motion to vacate is a voluntary effort in which you are giving the court jurisdiction over you in a person's in a personal capacity. 

That is any action by defendants, which amounts to an intent to be in the forum is considered voluntary, which is failure to conform to the procedures required of a defendant or the respondent who would preserve his jurisdictional question after an adverse ruling in the case law is ex parte Perry stove, as well as South Carolina State Highway vs. Isthmian. So let's look at this procedure. You would think motion to vacate means you are trying to separate from child support. It is the opposite. 

Again, this is where the magistrate or the judge that you're sitting down in the back of his mind is kind of chuckling and saying You really don't know what you're talking about when you do motion to vacate, not realizing the words and of itself is the opposite. 

What you think it is, is not vacating it's actually pushing you further into the jurisdiction. So that's one of understanding the rules and procedures Now in order to continue the discussion on the statutory requirement, we have moved this lesson on to our masterclass website called child support that new zealand.com where we continue this discussion on the other lessons of child support. Jurisdiction is an involved topic.
 
It's not something that can be done in five minutes or 10 minutes. As you can see, there's five categories of statutory jurisdiction, there's other issues regarding jurisdiction, and you're going to use it to escape child support, then a full working knowledge is expected. Now if you don't have an account on our masterclass site, to the top right, there's a signing button, you can go ahead and sign in. And then you can take the rest of this course. 

Now, we live in a democracy, you don't have to learn jurisdiction, you don't have to do anything, you have to want to do it, or you don't want to do it, you have that constitutional right. But understand this ignorance of that knowledge will not get you anywhere. 

Again, that's the price of democracy. That's the price of freedom. Now, this is our masterclass site called Child Support at New zealand.com. We have other courses on there, in addition to the jurisdiction, of course, and feel free to check us out log in, take a look around. So here we are at the end of this presentation. 

Again, if you have any questions on jurisdiction, or any other topic on this channel, please feel free to email us at Chrish289e@protonmail.com. We also encourage you please like and subscribe this channel and hit the notification bell every time we produce a video, as well as we also asked for donation. Just to keep this channel going. We do a lot of research, and we're bringing that research to you. And all we're asking for is your support. And thank you have a good day.