Questions and Arguments

For Your Lawyer to Address

� 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 Minnesota Payment Center, your children are on this IV-D welfare program, whether you realize it or not - check your latest court order for the court file #

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.

� 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.�

� 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!

� 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.

� 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 #AL03-03: 42 USC 1301(d) Family Protection Objection)

� 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

� Were my constitutional rights violated?

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.