Transcript:
Understanding Welfare and Its Impact on Custody Cases
Welcome back.
Today's episode the battle for Custody. When you're a single father and the mother is on welfare or whatever the service is by the state. I am not a lawyer and I don't play one on tv. We're going to review the basics and understanding that you can win the custody battle.
Let's get started.
If you have children, these are the government benefits that the mother can get from the state such as welfare, food stamps, the SNAP program or Medicaid and Medicare.
Here are the government assistance from the federal government. The mother receives assistance on the state plan funded by the Part A program. Also she can receive the Part D program as well as Title IV-D program.
In the 1930s, the fellow government created a New Deal. The program was created under the name Aid to Dependent Children by the Social Security Act of 1935.
As part of the New Deal. It was created as a means tested entitlement which subsidized the income of families where fathers were deceased, absent or unable to work. The federal government required authorized state discretion to determine who received aid and in what amount.
In 1961, a change in the law permitted states to extend benefits to families where the father was unemployed, a measure which 25 states eventually adopted. The words families with were added to the name in 1962.
I have another video which is the battle for custody when you're a single father and the mother is not un welfare. So this is a companion video. Please check it out.
When you're in a custody battle with the mother, the state often suggests the child support. In my opinion, you need to stay away and stay clear of the child support program. You can take care of your issues in private. For fiscal year 2024, the incentive payment pool is established at a total of $713 million.
This pool represents the funding that will be distributed to states as financial incentives for their performance and child support enforcement programs.
The incentive payment pool is designed to reward states for their effectiveness in managing child support enforcement programs with a focus on performance, accountability and accuracy. The battle for custody is a judicial process as opposed to title I4D which is an Article I process.
And the case law is Northern Pipeline versus Marathon Pipeline. So Chief Justice Marshall says that Article I is not a court and I'll explain the details later on in the presentation.
This leads me to the battle for custody and jurisdiction. Jurisdiction is the cornerstone of our legal process and without it the courts cannot rule. And also juris diction can be challenged at any time, even if Your case is 10 years old or more.
When you're in the midst of a custody battle, the agency would like to steer you towards the child support. So you have to be very clear that you are battling for custody, not child support, because child support is voluntary.
We will review Petit versus Petit in the battle for custody when the mother is on government services and this is the appropriate case law to use. There are several case law, but this is the one I think my opinion the appropriate case law to use. This brings me to ignorance of the law.
So ignorance of the law excuses not and ignorance about the law excuses no one. You need to know the laws.
Here we are about the new D.O.J. letter of 2023.
If you have not done so, you can please file it into your case and you can get it chrish289@childupport.newzendler.com
hello, my name is Chris and in this session we will review Petit versus Pettit in the battle for custody when the mother is on services such as welfare, snap, Medicaid.
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 as small as a $5 cash app, we're welcome. We're asking for a $25 gift donation but again, any amount will be accepted. What is the meaning of fatherhood? Well, a father is a natural guardian of his own children and entrusted with their care and custody and entit them to enjoyment benefits of their labor. And the case law is called prime versus Foote.
As a father you want to take part in education, school activities, visitation and medical prescription as well as serious illness. That's what the father entails. This leads me to this case which is Corec vs Wood and it reads that if support child support is not an issue in you are fighting for custody, then you need to fight it in circuit court or the supreme court.
So if the mother is on services, then the mother does not put you on child support. The state puts you on child support because it is a contract. Child Support TitleV A is a contract.
When you battle for custody. Most states will say that you have to take a DNA test. It's called the acknowledgement of paternity. But it's my opinion that you need to take the DNA test outside of court because why they're going to put you want child support.
Now when you take the DNA testing.
The case law is there are four fathers. The presumed father, the alleged father, the biological father, or the legal father. Only the legal father pays child support.
28 U.S. code 1654.
It reads that in all courts of the United States, a parties may plead his case or conduct his cases on your own or by counsel. This is the Sixth Amendment clause. You have a right to counsel or you have a right to, you know, pro se.
We are going to to the bottom of a legal case. O yeah. Called Petit vs. Petit.
Okay.
This was decided back in 1993 by the Supreme Court of Indiana. Wow. And it really brings up some interesting points about how family law. Ye. And contract law kind of like intersect.
Yeah, the intersection. Exactly. Interesting. So are you ready to kind of unpack this with me? Oh, absolutely, I'm ready.
All right. So this case really comes down to this question. Can a parent be held in contempt of court for not paying child support? Right. If that obligation to pay has been turned into, like, a regular monetary judgment.
Okay. Yeah, that's a really interesting question. And actually, to understand this case, it really helps to know that the Court of Appeal had previously ruled that contempt couldn't be used in these types of situations. Their reasoning was that. Yeah.
When you have a child support obligation, and it's assigned often to the state. Okay. It essentially just becomes like any other debt. So if it just becomes like any other debt, then like, what about the parent who's owed that child support? Exactly, exactly.
That's where. What are their rights? This gets really interesting. Yeah. So the principle we're dealing with here is called assignment.
Oay. And essentially what that means is transferring rights from one party to another. But here's the key. Yeah. When a right is assigned, the person who's receiving it, the assignee.
Okay.
They don't get any more or less power yo. Than the original person had. I see. Does that make sense?
So it's like, okay, say I lend a friend a book. Perfect example. They can read the book. They can't sell it. Exactly.
They can't turn around and sell it. Right. They only have the rights that I gave them to that book. Exactly. And in Ped vs Pettit. Yeah.
The court said that just because the state might be helping collect this child support. Right. It doesn't change the core agreement between the parents who made that agreement in the first place.
That makes a lot of sense, actually. But wouldn't that create, like, I don't know, loopholes? Oh, yeah, for sure. That's a big concern. And for people to, like, get out of these Agreements.
That's definitely something that the court had to weigh. But it seems like they really put emphasis on upholding the initial agreement between the two parents. Gotcha. So, like, even though the states involved, the original agreement still matters. Exactly.
It still has power. Wow. Okay. Yeah. So what does this mean for our listeners?
Whats the takeaway here? Well, it means that even when the state steps in to help enforce these agreements, the initial intent of the people who made the agreement, it still has weight in a court of law. And this could have implications for all kinds of agreements, not just child support. So it's not just about family law. It could be other types of contracts.
Any agreement, really, where one party is transferring rights. Oh, interest to another party, you know, we really have to look at the intent of the original agreement. Okay, so like the promises that we make. Right. Even if they're not like legally binding contracts.
Right. The intent behind them. Yes. It can still have implications. They can.
And this case really shows that. Yeah. Really interesting stuff to think about. Yeah. Well, thanks for kind of breaking down this case for us.
No problem. Happy to do it. There you have it. Petit versus Petit. And here are the takeaways.
Here's the summary. One, you cannot be held in contempt. Two, it is just a money judgment. Three, the mother signed over for rights to the state, but they didn't sign your rights to theate. So which means you can battle custody.
The right of access to the courts is basic to our system of government. And it is well established today that it is one of the fundamental rights protected by the Constitution. I have the right to access the court at any time. This means that legally a document is considered filed that the moment it is delivered to the clerk, even if it hasn't been officially marked as filed yet.
This principle ensures that my ability to engage with the judicial system is not hindered by administrative delays or technicalities.
The right to access the courts is a cornerstone of our system of government. It is a fundamental right that is firmly established and protected by the Constitution.
This right guarantees that I, along with every citizen, have the ability to seek justice, challenge INJ Justices, and have my voice heard in a court of law.
It underscores the importance of an open and accessible judicial system as a key component of a fair and democratic society. The case laws are Biffle vs.
Morton Rubber Industry and Ryand vs. Shapiro.
Every person who under color of any statute, ordinance, regulation, custom or usage of any state or territory, subjects or causes to be subjected, any citizen or other person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Constitution and its laws is liable to the party injured at law, suit in equity or other proper proceeding for redress.
In any lawsuit brought, the plaintiff must prove that he or she has been deprived of a right secured by the Constitution and laws and secondly that the defendant was acting under color of any state law.
Absolute Provides legal protection to judges, prosecutors, legislators and some executive officials for actions committed in their official duties without malice or corrupt motives.
Absolute immunity protects these individuals from both criminal prosecution and civil lawsuits. Qualified Protects a government official from lawsuits alleging that the official violated a plaintiffs rights. Only allowing suits where officials violated clearly established law.
The plaintiff must prove one that he or she has been deprived of a right secured by the Constitution and laws and two that the defendant was acting under color of any state law you're in the midst of a custody battle. It's a drawn out battle and then the judge says you need to get an attorney.
You're a sixth amendment right.
You can have an attorney or you can plead your case yourself, but under no circumstance an attorney could be forced upon you. And the case law is called State versus Penderval.
These are the basic guidelines for your battle for custody and the mother is on services such as Welfare SNAP program. If you have any additional questions, feel free. Feel free to schedule a consultation.
If you have any questions or comments, please reach us at chrish@289protonmail.com also please like and subscribe to the channel and hit the notification bell.
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