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 TO VACATE
10 vs.
SUPPORT ORDER
11 FOR THE STATE DID NOT HAVE
[DEFENDANT'S NAME],
PERSONAL JURISDICTION
12
Defendant
13

14 NOTICE TO VACATE
15
SUPPORT ORDER
16
FOR THE STATE DID NOT HAVE PERSONAL
17

18 JURISDICTION
19 Comes now, [Type in your name] is alleged without evidence to be a
20
defendant. Let the record is a living man and a free citizen of the state,1 and is
21

22 knowingly and willfully invoking unalienable rights secured by a written

23
1
24

25 “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
26 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
NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 1
 1 constitution with all privileges and immunities secured by the privileges and
2
immunities clause2 under article IV Section 2 of the constitution has received
3

4 notice that he must appear inside this court and participate in State title IV-D Child
5
Support Enforcement proceedings or he will be held in default, his license
6

7
suspended and may be arrested.

9 PRESUMPTIONS DENY DUE PROCESS OF LAW AND

10
PROHIBITED
11
1. Thereby, as a free citizen of this state3 the court or IV-D Agency4 is
12

13 prohibited to use conclusive presumptions such as private person,5 person,6

14

15 2

16 Privileges and Immunities Clause

The Privileges and Immunities Clause of Article IV, Section 2 of the Constitution states that "the
17 citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This clause
protects fundamental rights of individual citizens and restrains state efforts to discriminate against out-of-state
18 citizens. However, the Privileges and Immunities Clause extends not to all commercial activity, but only to
fundamental rights.
3
19

20 “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
21 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
22 Court 1869
4

23
IV-D Agency means the single and separate organizational unit in the State that has the
24 responsibility for administering or supervising the administration of the State plan under title IV-D of the Act. 45
CFR 303.1 Definitions
5
25

26 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.
6

NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 2
 1 Obligor,7 to deny his constitutional rights and change his status from a Man
2
and citizen of the state to deny due process and subject to legal process,8
3

4 quasi-judicial proceedings.9

5 2. This written response is proof the Defendant/Father is contesting that the

6
state court or administrative tribunal’s does not have personal jurisdiction
7

8 and thereby the Defendant/Father’s physical appearance is not required or

9 this court or tribunal must rebut the facts presented or must immediately
10
discharge this matter and cease and desist sending notices to appear.
11

12
3. This response is proof the Defendant/Father did not submit to the

13 jurisdiction of the court and thereby the Defendant/Father’s physical

14
response is not required.
15

16
4. In accordance with Uniform Interstate Family Support Act the defendant is

17 required to file responsive document as a record the undersigned alleged

18 42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a
corporation.
7
19

20 Obligor
The person obligated to pay child support (also referred to as a noncustodial parent or NCP).
21 Federal Child Support Enforcement Glossary of Child Support Terms
8
22

23 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
24 jurisdiction in any State, territory, or possession of the United States;
9

25
Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official
26 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
a judge.
NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 3
 1 defendant is not waiving personal jurisdiction and thereby not submitting to
2
the jurisdiction of the state.
3

4 5. It is a fact the undersigned defendant’s consent was and is required to submit

5 to the jurisdiction of the state and thereby without evidence of the

6
defendant’s signature on a loan he cannot be held in default as claimed by
7

8 this court in the notice to appear.

10

11

12
STATEMENT OF FACTS MUST BE REBUTTED WITHIN 10

13 BUSINESS DAYS OR THE FACTS WILL BE RECORDED AS

14
UNREBUTTED FACTS
15

16

17 1. It is a fact the Defendant/Father is not a resident or nonresident and thereby

18
the State IV-D Agency does not have personal jurisdiction as required by
19

20
article 2 section 201 of the Uniform Interstate Family Support Act. The

21 petitioner is required to respond with evidence for a rebuttal within 10

22
business days of this filing or this fact shall remain unrebutted and this court
23

24
or tribunal must vacate the support order and discharge this matter.

25 2. It is a fact the Defendant/Father was not personally served with citation,

26

NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 4
 1 summons, or notice10 to appear for support proceedings as required by
2
Uniform Interstate Family Support Act Article 2 Section 201(a)(1). The
3

4 petitioner is required to respond with evidence for a rebuttal within 10

5 business days of this filing or this fact shall remain unrebutted and this court
6
or tribunal must vacate the support order and discharge this matter.
7

8 3. It is a fact the Defendant/Father did contest the proceedings and thereby did

9 not submit to the jurisdiction of the court as required by the Uniform

10
Interstate Family Support Act article 2 section 201 (a)(2). The petitioner is
11

12
required to respond with evidence for a rebuttal within 10 business days of

13 this filing or this fact shall remain unrebutted and this court or tribunal must
14
vacate the support order and discharge this matter.
15

16
4. It is a fact the Defendant/Father did not consent on record and thereby did

17 not submit to the jurisdiction of the court as required by the Uniform

18
Interstate Family Support Act article 2 section 201(a)(2). The petitioner is
19

20
required to respond with evidence for a rebuttal within 10 business days of

21 this filing or this fact shall remain unrebutted and this court or tribunal must
22
vacate the support order and discharge this matter.
23

24 10

25
SECTION 201. BASES FOR JURISDICTION OVER NONRESIDENT. (a) In a proceeding
26 to establish, or 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;
NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 5
 1 5. It is a fact the Defendant/Father did not make a general appearance and
2
thereby did not submit to the jurisdiction of the court as required by the
3

4 Uniform Interstate Family Support Act article 2 section 201(a)(2). The

5 petitioner is required to respond with evidence for a rebuttal within 10

6
business days of this filing or this fact shall remain unrebutted and this court
7

8 or tribunal must vacate the support order and discharge this matter.

9 6. It is a fact the Defendant/Father is not a member of the Uniformed Services11

10
and thereby is not subject to child support enforcement proceedings as
11

12
required by Executive. Order. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec.

13 202. The petitioner is required to respond with evidence for a rebuttal within
14
10 business days of this filing or this fact shall remain unrebutted and this
15

16
court or tribunal must vacate the support order and discharge this matter.

17 7. It is a fact the Defendant/Father is not an employee of a federal agency12 and

18
thereby not subject to child support enforcement proceedings and wage
19

20
withholding. The petitioner is required to respond with evidence for a

21
11

22
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 202. "Uniformed Services" means the
23 Army, Navy, Marine Corps, Air Force, Coast Guard, and the Commissioned Corps of the Oceanic and Atmospheric
Administration, and the Public Health Service.
24 12

25
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 201. "Federal agency" means any
26 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.”
NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 6
 1 rebuttal within 10 business days of this filing or this fact shall remain
2
unrebutted and this court or tribunal must vacate the support order and
3

4 discharge this matter.

5 8. It is a fact the Defendant/Father is a free citizen of the state13 and not

6
domiciled within the geographical location of “State”14 and thereby the
7

8 Defendant/Father is not subject to Child Support Enforcement under 42 USC

9 Section 651-669(b). The petitioner is required to respond with evidence for a

10
rebuttal within 10 business days of this filing or this fact shall remain
11

12
unrebutted and this court or tribunal must vacate the support order and

13 discharge this matter.

14
9. It is a fact the court or tribunal issued an order of support without
15

16
jurisdiction and thereby this court or tribunal is without discretion and must

17 immediately vacate the order of support and discharge this matter

18
immediately. The petitioner is required to respond with evidence for a
19

20
rebuttal within 10 business days of this filing or this fact shall remain

21 unrebutted and this court or tribunal must vacate the support order and
13
22

23 “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
24 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
25 Court 1869
14

26
42 USC § 410 (h) “The term “State” includes the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, and American Samoa.”
NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 7
 1 discharge this matter.
2
10. It is a fact the court or tribunal issued an order for support in violation of
3

4 due process as safeguarded by 45 CFR 303.01(c)(2).15 The petitioner is

5 required to respond with evidence for a rebuttal within 10 business days of

6
this filing or this fact shall remain unrebutted and this court or tribunal must
7

8 vacate the support order and discharge this matter.

10
THIS COURT OR TRIBUNAL IS REQUIRED TO RESPOND WITH
11

12
EVIDENCE OF A REBUTTAL TO THE FACTS WHICH PROVE

13 THE COURT CANNOT OBTAIN PERSONAL JURISDICTION

14
WITHOUT CONSENT BY THE DEFENDANT/FATHER
15

16
1. Clarify evidence of how and when the court retained personal jurisdiction?

17 2. Clarify evidence the Defendant/Father is domiciled with territory

18
boundaries of the “State” as defined under 42 USC Section 1301(a)(1) and
19

20
42 USC Section 410 and 42 USC Sections 651-669(b).

21 3. Clarify evidence to support the fact that due process of law was afforded.
22
4. Clarify evidence the Defendant/Father is a member of the Uniformed
23

24
Services.
15
25

26 1.ESSENTIALS FOR ATTORNEYS CHAPTER 6 EXPEDITED PROCESSES 45 CFR

303.101(C)(2) “The due process rights of the par- ties involved must be protected;”
https://www.acf.hhs.gov/sites/default/files/programs/css/essentials_for_attorneys_ch06.pdf
NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 8
 1 5. Clarify evidence the Defendant/Father is an employee of a federal agency.
2

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

10

11
Your Name
12

13

14

15

16

17

18

19

20

21

22

23

24

25

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NOTICE TO VACATESUPPORT ORDER FOR THE STATE DID NOT HAVE PERSONAL JURISDICTION - 9