1 Your name

2 Your address
[City, ST ZIP Code]
3

5 [COURT NAME]
6

7
[PLAINTIFF'S NAME], Case No.: [Number]
8
Plaintiff,
9
NOTICE OF MOTION
10 vs.
TO SET ASIDE AN ORDER OF
11 SUPPORT ON THE GROUNDS OF
[DEFENDANT'S NAME],
FRAUD AND THEREBY THE
12
Defendant ORDER OF SUPPORT IS VOID
13 AND GROUNDS FOR RELIEF
UNDER FEDERAL RULE 60(B)(3)
14
(4) AND THE STATE STATUTE
15 EQUIVALENT
16

17

18 NOTICE OF MOTION
19
TO SET ASIDE AN ORDER OF SUPPORT ON THE
20
GROUNDS OF FRAUD AND THEREBY THE ORDER OF SUPPORT IS
21

22 VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE 60(B)(3)(4)

23
AND THE STATE STATUTE EQUIVALENT
24

25

26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 1
 1 Comes now, the defendant [Type in your name and address and then
2
delete brackets] is a citizen of the state,1 presenting a motion for relief from an
3

4 order of support that is void on the grounds of fraud.

5

6 The defendant is a citizen of the state, that in the ordinary sense of the
7
Constitution, is a political community of free citizens, occupying a territory of
8

9 defined boundaries, and organized under a government sanctioned and limited by a

10
written constitution, and established by the consent of the governed and is filing a
11
Motion for relief from an agreement to pay an amount of child support monthly
12

13 with arrears.
14

15 The signature by the defendant was induced by threat of arrest, which

16
is completely unconstitutional for under the written constitution of the state no
17

18 citizen of the state shall be arrested for a debt.

19

20

21

22
1
23

24 “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
25 citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 2
 1 Furthermore, the state court and IV-D agency2 was sanctioned and
2
limited by a written constitution and thereby lacked personal jurisdiction to ask the
3

4 defendant/father to sign an agreement to pay child support without explaining the

5
waiver of right to due process.
6

7
Furthermore, the state IV-D agency and its employees relied upon
8

9 intimidation, misrepresentation of the facts and the defendant/father’s ignorance of

10
law to force signature to waive his inalienable rights and right to due process.
11

12
Furthermore, the state court and IV-D agency was without authority to
13

14
ask the defendant/father to waive his constitutional right to care, custody and

15 control of his offspring3 and therefore it is the duty of courts to be watchful for the
16
constitutional rights of the citizen, and against any stealthy encroachments thereon4
17

18 and provide relief and sign an order to vacate the order of support.
2
19

20 IV-D Agency “means the single and separate organizational unit in the State that has the
responsibility for administering or supervising the administration of the State plan under title IV-D of the Act.” 45
21 CFR § 301.1 IV-D https://www.law.cornell.edu/cfr/text/45/302.34
3

22
"The Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents
23 to make decisions concerning the care, custody, and control of their children." Troxel v. Granville, 530 US 57 -
Supreme Court 2000
4
24

25 “It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any
stealthy encroachments thereon” Byars v. United States, 273 U.S. 28 (1927)
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 3
 1

2
THE UNDERSIGNED DEFENDANT/FATHER WAS NOT
3

4 INFORMED THAT HIS CONSENT WAS A REQUIREMENT FOR THE

5
COURT TO HAVE JURISDICTION TO PROCEED AND INSTEAD HE
6

7
WAS PLACED IN FEAR THAT HE MUST SIGN AGREEMENT OR HE

8 WOULD BE HELD IN DEFAULT, HE MAY BE ARRESTED AND HIS

9
DRIVERS LICENSE WOULD BE SUSPENDED AND THESE FACTS AND
10

11 THE FACTS BELOW ARE PROOF THAT THERE ARE ENOUGH FACTS
12
FOR A RESCISSION OF SIGNATURE ON CHILD SUPPORT
13
AGREEMENT
14

15

16
1. It is a fact fraud was perpetrated by duress, when it was falsely
17

18 misrepresented to the undersigned that he must sign the contract for support
19
or face arrest, suspension of driving privileges.
20

21
2. It is a fact, the court or tribunal lacked personal jurisdiction for it was
22

23 misrepresented to the Defendant/Father that he must participate and sign the

24 agreement for support or he may be held in default, or he may be arrested, or

25
his driver’s license may be suspended. Trickery, deceit and
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 4
 1 misrepresentation are elements of fraud and fraud is grounds for relief under
2
Federal Rule 60(b)(3) or State law equivalent.
3

4
3. It is a fact; the undersigned Defendant/Father is a living human being and is
5

6 contesting that he is not a Non-resident,5 or a person.6

7

8
4. It is a fact the court or tribunal lacks personal jurisdiction over the
9
undersigned Defendant/Father unless this court or tribunal can submit
10

11 evidence proving the undersigned Defendant/Father submitted to the

12
jurisdiction of court or tribunal or consented by making a general appearance
13

14
without contesting the proceedings as required by Article 2 Section 201 of

15 the Uniform Interstate Family Support Act.7

16 5

17 Non-resident In the case of an individual, one who resides in or has his principal office and place
of business in any place not subject to the jurisdiction of the United States; (2) In the case of a corporation, one
18 incorporated in or having its principal office and place of business in any place not subject to the jurisdiction of the
United States; or (3) In the case of a partnership or other unincorporated organization or association, one having its
19 principal office and place of business in any place not subject to the jurisdiction of the United States. 17 CFR §
240.15Ba1-1 Definitions
6
20

21 SECTION 102. DEFINITIONS. In this [Act] ARTICLE 1 (14) “Person” means an

individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint
22 venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal
or commercial entity. https://www.ncsea.org/wp-content/uploads/2012/02/UIFSA_2001.pdf
7
23

24 ARTICLE 2 JURISDICTION PART 1. EXTENDED PERSONAL JURISDICTION

SECTION 201. BASES FOR JURISDICTION OVER NONRESIDENT. (a) In a proceeding to establish, or
25 enforce, or modify a 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: (1) the individual is
personally served with [citation, summons, notice] within this State; (2) the individual submits to the jurisdiction of
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 5
 1 5. It is a fact, that under Executive Order 12953 signed on February 27, 1995
2
the court or tribunal lacks personal jurisdiction over the Defendant/Father
3

4 requires that State Child Support Enforcement under Title IV-D is required
5
to follow the guidelines 42 USC Sections 651-669(b)8 is not legally
6

7
subjected to State Title IV-D Child Support Enforcement.9

9 6. It is a fact, that the undersigned Defendant/Father is not a members of the

10
United States uniformed services10 and not an employee of a federal agency11
11

12
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 jurisdiction;
13 8

14 Blessing v. Freestone, 520 US 329 - Supreme Court 1997 The structure of each State's Title IV
—D agency, like the services it provides, must conform to federal guidelines. For example, States must create
15 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)
16 9

17 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
18 paternity or establish a child support order, including a medical support order, and any actions necessary to enforce a
child support or medical support order. Child support actions may be brought under the civil or criminal laws of a
19 State and are not limited to actions brought on behalf of the State or individual by State agencies providing services
under title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.
10
20

21 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
22 Atmospheric Administration, and the Public Health Service.

23 11

24
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 201. "Federal agency" means any
25 authority as defined at 5 U.S.C. 105, including the Uniformed Services, as defined in section 202 of this order 5
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.”
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 6
 1 and thereby the court or tribunal lacks personal jurisdiction to prosecute the
2
Defendant/Father for Child Support Enforcement under Executive Order
3

4 12953.
5

6 7. It is a fact, the undersigned Defendant/Father is not a member of the

7
uniformed services or an employee for a federal agency and thereby under
8

9 executive order 12953 the court or tribunal lacks personal jurisdiction to

10
force the undersigned Defendant/Father to participate in any judicial or
11
administrative action by a court or administrative entity of a State necessary
12

13 to establish paternity or establish a child support order, including a medical

14
support order, and any actions necessary to enforce a child support or
15

16 medical support order.

17

18 8. It is a fact, the Defendant/Father is not a member of the United States

19
uniformed services, nor an employee of a federal agency and thereby the
20

21
Defendant/Father is legally not subjected to State title IV-D Child Support

22 Enforcement, nor required to sign any support agreement.

23

24
9. It is a fact; the Defendant/Father is not subjected to State IV-D Child
25
Support Enforcement under the terms of Executive Order 12953 the
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 7
 1 Defendant/Father’s consent would be required for the Defendant/Father to
2
be obligated to pay support under the terms of the support agreement.
3

4
10.It is a fact, on the date of the signature a representation for the IV-D State
5

6 agency misrepresented child support laws and claimed that the

7
Defendant/Father must sign the support agreement or can be arrested for
8

9 contempt.
10

11 11. It is a fact, members of the United States uniformed services and employees
12
of a federal agency are required to cooperate with child support enforcement
13

14
under section 203 of Executive Order 12953, and by the Defendant/Father

15 not being a member of the uniformed services or an employee of a federal

16
agency was not legally required to sign the support agreement and the child
17

18 support representative misrepresenting the child support enforcement laws is

19
grounds to void the support order, and thereby the Defendant/Father is not
20

21
obligated to the terms of the support agreement under these circumstances.

22

23

24

25

26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 8
 1 12. It is a fact, fraud, duress or some other wrongful act12 committed by the
2
child support representative is grounds to rescind the signature by the
3

4 Defendant/Father and grounds to rescind the support agreement.

5

6 13. This court is required to refute the facts presented by the undersigned or
7
grant relief under federal rule 60(b)(3) or a state law equivalent.
8

10

11

12
Dated this [day] of [Month], [year].

13

14
Your Name
15

16

17

18

19

20

21

22

23 12

24
“As a general rule, the signer of a written agreement is deemed to be conclusively bound by its
25 terms, in the absence of a showing of fraud, duress or some other wrongful act on the part of a party to the contract”
Wells Fargo Bank v. Rolon, 2009 NY Slip Op 31529 - NY: Supreme Court 2009 citing Pimpinello v. Swift & Co.,
253 NY 159 [1930]
26
NOTICE OF MOTIONTO SET ASIDE AN ORDER OF SUPPORT ON THE GROUNDS OF FRAUD AND
THEREBY THE ORDER OF SUPPORT IS VOID AND GROUNDS FOR RELIEF UNDER FEDERAL RULE
60(B)(3)(4) AND THE STATE STATUTE EQUIVALENT - 9