1 Your name

2 Your address
[City, ST ZIP Code]
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5 [COURT NAME]
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[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
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NOTICE TO COURT
10 vs.
VACATE SUPPORT ORDER
11 ON THE GROUNDS OF FRAUD
[DEFENDANT'S NAME],
THE SIGNATURE WAS INDUCED
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Defendant BY SUPPORT ORDER IS VOID
13 AND RELIEF UNDER FEDERAL
RULE 60(B) OR STATE LAW
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EQUIVALENT
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17 NOTICE TO COURT
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VACATE SUPPORT ORDER
19

20 ON THE GROUNDS THAT THE SIGNATURE WAS INDUCED

21
BY FRAUD AND THEREBY SUPPORT ORDER IS VOID AND RELIEF
22

23
UNDER FEDERAL RULE 60(b) OR STATE LAW EQUIVALENT

24 Comes now, [Type in your name and date and remove brackets] is
25
requiring this court to void the contract for child support on the grounds his
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NOTICE TO COURTVACATE SUPPORT ORDERON THE GROUNDS OF FRAUD THE SIGNATURE WAS
INDUCED BY SUPPORT ORDER IS VOID AND RELIEF UNDER FEDERAL RULE 60(B) OR STATE LAW
EQUIVALENT - 1
 1 signature on the contract for child support was induced based upon
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misrepresentation of the law by the representative for the State IV-D Child Support
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4 Agency. Misrepresentation is fraud and is grounds for relief under Federal Rule
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60(b) or State law equivalent.
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THE DEFENDANT WAS NEVER OBLIGATED BY LAW TO
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9 SIGN CONTRACT AND THEREBY HIS SIGNATURE WAS INDUCED BY

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MISREPRESENTATION UNDER DURESS BY FRAUD AND THE
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AGREEMENT FOR PAYMENT OF CHILD SUPPORT IS VOID UNDER
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13 FEDERAL RULE 60(b)(3) OR A STATE LAW EQUIVALENT

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1. On the date of the signature, a representative for the IV-D State agency
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misrepresented to the Defendant that he must sign the support agreement or

17 he can be arrested for contempt and thereby this misrepresentation caused

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the defendant to sign the agreement out of fear of arrest and this is evidence
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of grounds of fraud and relief is required by the court vacating this support

21 agreement.
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2. The existing support agreement is void under the circumstances that the
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child support representative misrepresented the fact that the Defendant was

25 not legally required to sign the support agreement and thereby the Defendant
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NOTICE TO COURTVACATE SUPPORT ORDERON THE GROUNDS OF FRAUD THE SIGNATURE WAS
INDUCED BY SUPPORT ORDER IS VOID AND RELIEF UNDER FEDERAL RULE 60(B) OR STATE LAW
EQUIVALENT - 2
 1 is not bound to the terms of the support agreement under these
2
circumstances.1
3

4 3. The Defendant is a Man, and the Defendant is not an individual2 as defined

5 by 42 USC § 300hh-14(a)(4), thereby cannot be subjected to State Title IV-

6
D Child Support Enforcement3 under Executive Order 12953 section 203.
7

8 signed on February 27, 1995 requires that State Child Support Enforcement

9 under Title IV-D is required to follow the guidelines 42 USC Sections 651-
10
669(b).4
11 1

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“As a general rule, the signer of a written agreement is deemed to be conclusively bound by its
terms, in the absence of a showing of fraud, duress or some other wrongful act on the part of a party to the contract”
13
Wells Fargo Bank v. Rolon, 2009 NY Slip Op 31529 - NY: Supreme Court 2009 citing Pimpinello v. Swift & Co.,
253 NY 159 [1930]
14 2

15 Individual - 42 USC § 300hh-14(a)(4) The term “individual” includes—

(A) a worker or volunteer who responds to a disaster, either natural or manmade, involving any
16 mode of transportation in the United States or disrupting the transportation system of the United States, including—
(i) a police officer;
17 (ii) a firefighter;
(iii) an emergency medical technician;
18 (iv) any participating member of an urban search and rescue team; and
(v) any other relief or rescue worker or volunteer that the President, acting through the Secretary
19 of Health and Human Services, determines to be appropriate;
3

20
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 203. "Child support enforcement"
21 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
22 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
23 under title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.
4

24
Blessing v. Freestone, 520 US 329 - Supreme Court 1997 The structure of each State's Title IV
25 —D agency, like the services it provides, must conform to federal guidelines. For example, States must create
separate units to administer the plan, § 654(3), and to disburse collected funds, § 654(27), each of which must be
staffed at levels set by the Secretary, 45 CFR § 303.20 (1995)
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NOTICE TO COURTVACATE SUPPORT ORDERON THE GROUNDS OF FRAUD THE SIGNATURE WAS
INDUCED BY SUPPORT ORDER IS VOID AND RELIEF UNDER FEDERAL RULE 60(B) OR STATE LAW
EQUIVALENT - 3
 1 4. Child Support Enforcement under Executive Order 12953 requires members
2
of the United States Uniformed Services5 and employees of a federal
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4 agency6 must participate in any judicial or administrative action by a court or

5 administrative entity of a State necessary to establish paternity or establish a

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child support order, including a medical support order, and any actions
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8 necessary to enforce a child support or medical support order.

9 5. It is a fact that under the Uniform Interstate Family Support Act7 the
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Defendant must submit to the jurisdiction of the court and waive consent and
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the Defendant was not informed of these facts and informed consent was not

13 acquired and therefore the signature of the Defendant was induced by fraud
14
5

15
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 202. "Uniformed Services" means the
16 Army, Navy, Marine Corps, Air Force, Coast Guard, and the Commissioned Corps of the National Oceanic and
Atmospheric Administration, and the Public Health Service.
17

18 6

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.”
7
21

22 UNIFORM INTERSTATE FAMILY SUPPORT ACT JURISDICTION SECTION 201.

BASES FOR JURISDICTION OVER NONRESIDENT (a) In a proceeding to establish, or enforce, or modify a
23 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:
24 (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
25 general appearance, or by filing a responsive document having the effect of waiving any contest to personal
jurisdiction;
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NOTICE TO COURTVACATE SUPPORT ORDERON THE GROUNDS OF FRAUD THE SIGNATURE WAS
INDUCED BY SUPPORT ORDER IS VOID AND RELIEF UNDER FEDERAL RULE 60(B) OR STATE LAW
EQUIVALENT - 4
 1 and duress and therefore any agreement reached based upon fraud and
2
duress is void under Federal Rules 60(b)(3) and must be set aside.
3

4 6. It is a fact that the Defendant is not a member of the United States uniformed

5 services, nor an employee of a federal agency and thereby the Defendant is

6
legally not subjected to IV-D State Child Support Enforcement and not
7

8 required to sign any support agreement.

9 7. The fact that the Defendant is not subjected to State IV-D Child Support
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Enforcement under the terms of Executive Order 12953 the Defendant’s
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consent would be required for the Defendant to be obligated to pay support

13 under the terms of the support agreement.

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RELIEF
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The court must grant relief8 by vacating the support agreement made

17 in violation of right to due process under Federal Rule 60(b)(3) or a State Law
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equivalent.
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23 8

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Relief 5 USC § 551(11) “relief” includes the whole or a part of an agency— (A) grant of
25 money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of a claim, right,
immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and
beneficial to, a person;
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NOTICE TO COURTVACATE SUPPORT ORDERON THE GROUNDS OF FRAUD THE SIGNATURE WAS
INDUCED BY SUPPORT ORDER IS VOID AND RELIEF UNDER FEDERAL RULE 60(B) OR STATE LAW
EQUIVALENT - 5
 1

7 Dated this [day] of [Month], [year].

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Your Name
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NOTICE TO COURTVACATE SUPPORT ORDERON THE GROUNDS OF FRAUD THE SIGNATURE WAS
INDUCED BY SUPPORT ORDER IS VOID AND RELIEF UNDER FEDERAL RULE 60(B) OR STATE LAW
EQUIVALENT - 6