DEMAND TO DISMISS CORAM NON JUDICE Copy 3.edited

1 Your name
Your address
2
[City, ST ZIP Code]
3
4
[COURT NAME]
5
6
[PLAINTIFF'S NAME], Case No.: [Number]
7
Plaintiff,
8
NOTICE OF MOTION
vs.
9 DEMANDING DISMISSAL
OF CHILD SUPPORT
[DEFENDANT'S NAME],
10 PROCEEDINGS CORAM NON-
Defendant/Father JUDICE TAKE JUDICIAL NOTICE
11
OF AN ADJUDICATED FACT BY
12 THE SUPREME COURT OF THE
UNITED STATES IN MATTER
13 VIRGINIA V. RIVES, 100 US 313-
SUPREME COURT 1880 THAT
14 ALL STATE PROCEEDINGS
CORAM NON JUDICE ARE
15
ABSOLUTELY VOID
16
17
NOTICE OF MOTION
18
19 DEMANDING DISMISSAL
20
21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

CORAM NON-JUDICE TAKE JUDICIAL NOTICE OF AN ADJUDICATED FACT BY THE
22 SUPREME COURT OF THE UNITED STATES IN MATTER VIRGINIA V. RIVES, 100 US
313-SUPREME COURT 1880 THAT ALL STATE PROCEEDINGS CORAM NON JUDICE
23 ARE ABSOLUTELY VOID - 1
1 OF CHILD SUPPORT PROCEEDINGS CORAM NON-JUDICE
2
TAKE JUDICIAL NOTICE OF AN ADJUDICATED FACT BY THE
3
SUPREME COURT OF THE UNITED STATES IN MATTER VIRGINIA v.
4
RIVES, 100 US 313-SUPREME COURT 1880 THAT ALL STATE
5
PROCEEDINGS CORAM NON JUDICE ARE ABSOLUTELY VOID
6
10 Comes now, the Defendant/Father [type in your name, not in capital
11 letters and remove brackets] is a living man with blood running through his body
12 and a citizen of the state1 presenting a record of facts within the Notice of Motion
13
for Dismissal in response to the plaintiff/applicant failed to meet the burden of
14
proof to provide evidence showing the Defendant/Father/Father is not supporting
15
his offspring and caused the Plaintiff an injury in fact.
16
17
1
18
19 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
20 by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
1 The Defendant/Father [Type in your name] has received notice that he must
2
appear inside this court and participate in State title IV-D Child Support
3
Enforcement proceedings or he will be held in default, his license suspended and
4
may be arrested.
5
6
The alleged Defendant/Father is a living man with unalienable rights
7
secured by the law of the land and a free citizen of this state.2 This state is a
8
political community of free citizens, occupying a territory of defined boundaries,
9
10 and organized under a government sanctioned and limited by a written
11 constitution, and established by the consent of the governed, and thereby the
12 Defendant/Father cannot be subjected to legal process3 inside a state Court or

13
administrative tribunal4 without his expressed consent.
14
2
15
In the Constitution the term state most frequently expresses the combined idea just noticed, of
16 people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
Court 1869
18 3
19 42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
process in the nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent
20 jurisdiction in any State, territory, or possession of the United States;
4

1 The definition of support obligation5 under 42 USC § 1320a-7a(s) is
2
evidence a support obligation is a contractual relationship and thereby the
3
Defendant/Father cannot be forced into a contractual relationship without his
4
expressed consent and he cannot be deceived into an implied contractual
5
relationship.
6
7
Furthermore, it is a published fact under Uniform Interstate Family
8
Support Act or UIFSA where is says the State requires consent under Article 2
9
10 Section 201(a)(1)(2) and thereby the published fact is proof to support the
11 Defendant/Father has merit to require this court to dismiss this matter or the court
12 must provide proof that it has the required personal jurisdiction to force his
13
14
15
16
Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or
17 modify support orders or to determine parentage.(Page 25) GLOSSARY OF COMMON
CHILD SUPPORT TERMS Office of Child Support Enforcement
18 https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf
5
19
“SUPPORT OBLIGATION” under 42 USC SECTION 666(a)(1)(B) is defined as Obligation
42 USC § 1320a-7a(s) For purposes of subsection (o), the term “obligation” means an established duty, whether or
20 not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a
fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
1 appearance to participate in legal process6 for child support enforcement
2
proceedings under 42 USC Section 651-669(b).
3
4 In accordance with Uniform Interstate Family Support Act the
5 Defendant/Father is required to file responsive document as a record the

6
undersigned alleged Defendant/Father is not waiving personal jurisdiction and
7
thereby not submitting to the jurisdiction of the state.
8
10
It is a fact the undersigned Defendant/Father’s consent was and is
11
required to submit to the jurisdiction of the state and thereby without evidence of
12
13 the Defendant/Father’s signature on a loan he cannot be held in default as claimed
14 by this court in the notice to appear.
15 Thereby, as a state citizen this state court or administrative tribunal is

16
prohibited to deny due process by presuming the undersigned State Citizen is a
17
18 6
19
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar

1 private person7 or person8 who may subjected to legal process,9 quasi-judicial
2
proceedings.10
3
4
THE FACTS BEFORE THE COURT PROHIBITS THE COURT
5
TO RELY UPON PRESUMPTIONS IN ITS FINDINGS
6
8 1. It is a fact the Defendant/Father [type in your name, not in capital letters and
9
remove brackets] is a living man with blood running through his body and a
10
citizen of the state11 and thereby the court is prohibited to presume he is a
11
12 7
13 42 USC SECTION 659 private person (4)The term “private person” means a person who does
not have sovereign or other special immunity or privilege which causes the person not to be subject to legal process.
8
14
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a
15 corporation.
9
16
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
17 process in the nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent
jurisdiction in any State, territory, or possession of the United States;
10
18
Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official
19 that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial
proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
20 a judge.
11

1 natural person or person12 subjected to legal process,13 quasi-judicial
2
proceedings,14 federal statutes, United States Codes, and non-positive laws
3
inside this court or tribunal without his expressed permission. is prohibited
4
to presume it can prosecute the undersigned respondent by legal process or
5
quasi-judicial proceedings
6
7 2. It is a fact, the Declaration of Independence specifies that all just powers of
8 government derive from the consent of the governed, and thereby the [type
9 in your state] child support enforcement agency established under 42 USC

10
11
12 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
Court 1869
12
14
15 28 U.S. Code § 3002 - Definitions (10) “Person” includes a natural person (including an
individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other
public or private entity, including a State or local government or an Indian tribe.
16 13
17 42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
14
19
Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official
that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial
20 proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
a judge.
1 Section 654(3) is required to provide proof [Type in your name and remove
2 the brackets] informed consent15 to be governed by it.
3
3. It is a fact, the Declaration of Independence specifies that all just powers of
4
government derive from the consent of the governed, and thereby the
5
Surrogate judge is required to provide proof [Type in your name and remove
6
the brackets] was provided informed consent16 to be governed by a State
7
surrogate judge.
8
9 4. The court is required to judicial notice of an adjudicated fact17 VIRGINIA v.
10 RIVES, 100 US 313-SUPREME COURT 1880 that proceedings and
11 judgments coram non-judice18 in state courts are absolutely void and thereby
12
13 15
14 Informed Consent “An agreement to do something or to allow something to happen, made with
complete knowledge of all relevant facts, such as the risks involved or any available alternatives.”
https://www.law.cornell.edu/wex/informed_consent
15 16
16 Informed Consent “An agreement to do something or to allow something to happen, made with
complete knowledge of all relevant facts, such as the risks involved or any available alternatives.”
17 https://www.law.cornell.edu/wex/informed_consent
17
18
“If the petition filed in the State court before trial, and duly verified by the oath of the
Defendant/Fathers, exhibited a sufficient ground for a removal of the prosecutions into the Circuit Court of the
19 United States, they were in legal effect thus removed, and the writ of habeas corpus was properly issued. All
proceedings in the State court subsequent to the removals were Coram non-judice and absolutely void.” VIRGINIA
20 v. RIVES, 100 US 313-SUPREME COURT 1880
18

1 the undersigned respondent is not required by law to participate in void
2
proceedings.
3
5. It is a fact [type in your name and remove brackets] is a man, a state citizen,
4
and thereby as a state citizen19 the court is prohibited to presume he is
5
subjected to Child support enforcement20 proceedings and wage withholding.
6
7 6. It is a fact [type in your name and remove brackets] is a man, a state citizen,
8 and thereby as a sstate citizen the court is prohibited to presume he is a

9
federal employee for a federal agency21 and prohibited to subject to wage
10
withholding.
11
What is CORAM NON-JUDICE? In presence of a person not a judge. When a suit is brought and
12 determined in a court which has no jurisdiction in the matter, then it is said to be coram non-judice, and the
judgment is void. Manufacturing Co. v. Holt, 51 W. Va. 352, 41 S. E. 351
19
13
"It will be admitted on all hands that with the exception of the powers granted to the states and
14 the federal government, through the Constitutions, the people of the several states are unconditionally sovereign
within their respective states." Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.
20
15
16 Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 203. "Child support enforcement"
means any administrative or judicial action by a court or administrative entity of a State necessary to establish
paternity or establish a child support order, including a medical support order, and any actions necessary to enforce a
17 child support or medical support order. Child support actions may be brought under the civil or criminal laws of a
State and are not limited to actions brought on behalf of the State or individual by State agencies providing services
18 under title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.
21
19
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 201. "Federal agency" means any
authority as defined at 5 U.S.C. 105, including the Uniformed Services, as defined in section 202 of this order 5
20 U.S. Code § 105 - Executive agency “For the purpose of this title, “Executive agency” means an Executive
department, a Government corporation, and an independent establishment.”
1 7. It is a fact [type in your name and remove brackets] is a man, a state citizen,
2
and thereby as a state citizen22 the court is prohibited to presume he is a
3
member of the Uniform Services23 and subjected to wage withholding.
4
8. It is a fact under the Uniform Interstate Family Support Act24 the
5
undersigned respondent is required to contest the proceedings and thereby
6
7 the court must provide evidence to prove personal jurisdiction or it must
8 discharge this matter immediately.

9
9. It is a fact the undersigned respondent is required to make a general
10
appearance or the court or tribunal lacks personal jurisdiction under the
11 22
12 "It will be admitted on all hands that with the exception of the powers granted to the states and
the federal government, through the Constitutions, the people of the several states are unconditionally sovereign
13 within their respective states." Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.
23
14
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 202. "Uniformed Services" means the
Army, Navy, Marine Corps, Air Force, Coast Guard, and the Commissioned Corps of the National Oceanic and
15 Atmospheric Administration, and the Public Health Service.
16 24
17
UNIFORM INTERSTATE FAMILY SUPPORT ACT JURISDICTION SECTION 201.
BASES FOR JURISDICTION OVER NONRESIDENT (a) In a proceeding to establish, or enforce, or modify a
18 support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident
individual [or the individual’s guardian or conservator] if:
19 (1) the individual is personally served with [citation, summons, notice] within this State;
(2) the individual submits to the jurisdiction of this State by consent in a record, by entering a
general appearance, or by filing a responsive document having the effect of waiving any contest to personal
20 jurisdiction;

1 Uniform Interstate Family Support Act and thereby the court must provide
2
evidence to prove personal jurisdiction or it must discharge this matter
3
immediately.
4
10. It is a fact the undersigned respondent did not submit to the jurisdiction of
5
the court and thereby under the Uniform Interstate Family Support Act the
6
7 court must provide evidence to prove personal jurisdiction or it must
8 discharge this matter immediately.

9
11. The court or tribunal is required to take judicial notice of an adjudicated fact
10
Stump v. Sparkman, 435 US 349 - Supreme Court 1978 that judges acting in
11
clear absence of jurisdiction is without judicial immunity25 and thereby the
12
surrogate judge acting in clear absence of jurisdiction will be subjected to
13
14 liability for the harm caused by willfully issuing void judgments requiring a
15 child support agency to issue wage garnishment orders to seize the wages of
16
the undersigned respondent after being judicially noticed that proceedings
17
and judgments coram non-judice are absolutely void.
18
25
19
"A judge will not be deprived of immunity because the action he took was in error, was done
20 maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the
clear absence of all jurisdiction" Stump v. Sparkman, 435 US 349 - Supreme Court 1978
1
4
THE COURT OR TRIBUNAL UNDER OBLIGATION OF
5
6 CONTRACTS26 UNDER ARTICE 1 SECTION 10.1 IS REQUIRED TO
7 RESPOND IN WRITING CLARIFYING ITS EVIDENCE AND FACTS TO
8 REFUSE TO DISCHARGE THIS MATTER

9
10
11
12
13
Dated this [day] of [Month], [year].
14
15
Your NAME
16
17
18
19 26
20 “ No state shall pass any law impairing the obligation of Contracts”

BURNET V. SMITH, 240 SW 1007(1922)

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DEMAND TO DISMISS CORAM NON JUDICE Copy 3.edited

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1 Your name

21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

10 Comes now, the Defendant/Father [type in your name, not in capital

10 and organized under a government sanctioned and limited by a written

12 Defendant/Father cannot be subjected to legal process3 inside a state Court or

21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

4 In accordance with Uniform Interstate Family Support Act the

5 Defendant/Father is required to file responsive document as a record the

13 the Defendant/Father’s signature on a loan he cannot be held in default as claimed

14 by this court in the notice to appear.

15 Thereby, as a state citizen this state court or administrative tribunal is

21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

7 2. It is a fact, the Declaration of Independence specifies that all just powers of

9 in your state] child support enforcement agency established under 42 USC

9 4. The court is required to judicial notice of an adjudicated fact17 VIRGINIA v.

10 RIVES, 100 US 313-SUPREME COURT 1880 that proceedings and

21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

8 and thereby as a sstate citizen the court is prohibited to presume he is a

7 the court must provide evidence to prove personal jurisdiction or it must

8 discharge this matter immediately.

21 NOTICE OF MOTIONDEMANDING DISMISSALOF CHILD SUPPORT PROCEEDINGS

7 court must provide evidence to prove personal jurisdiction or it must

8 discharge this matter immediately.

6 CONTRACTS26 UNDER ARTICE 1 SECTION 10.1 IS REQUIRED TO

7 RESPOND IN WRITING CLARIFYING ITS EVIDENCE AND FACTS TO

8 REFUSE TO DISCHARGE THIS MATTER

20 “ No state shall pass any law impairing the obligation of Contracts”

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