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-
2
JUDICE1 TAKE JUDICIAL NOTICE OF AN ADJUDICATED FACT BY
3
THE SUPREME COURT OF THE UNITED STATES IN MATTER
4
VIRGINIA v. RIVES, 100 US 313-SUPREME COURT 1880 THAT ALL
5
STATE PROCEEDINGS CORAM NON JUDICE ARE ABSOLUTELY
6

7 VOID

10

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

12 letters and remove brackets] is a living man with blood running through his body
13
and one of the people of the several states2 and is presenting a record of facts
14
within the Notice of Motion for Dismissal in response to the plaintiff/applicant
15
failed to meet the burden of proof to prove "willfulness" the Government must
16

17 prove the voluntary and intentional violation of a known legal duty, a burden that

18
1
What is CORAM NON-JUDICE? In presence of a person not a judge. When a suit is brought
19 and 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
2
"It will be admitted on all hands that with the exception of the powers granted to the states and
20 the federal government, through the Constitutions, the people of the several states are unconditionally sovereign
within their respective states." Ohio Life Ins. & Trust Co. v. Debolt, 57 US 416 - Supreme Court 1854.
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 - 2
 1 could not be proved by showing mistake, ignorance, or negligence and it is a fact
2
that the plaintiff/applicant failed to introduce evidence showing the
3
Defendant/Father/Father is willfully not supporting his offspring and this caused
4
the Plaintiff an injury in fact.
5

6
The Defendant/Father [Type in your name] has received notice that he must appear
7
inside this court and participate in State title IV-D Child Support Enforcement
8
proceedings or he will be held in default, his license suspended and may be
9

10 arrested.

11
The alleged Defendant/Father is a living man with unalienable rights secured by
12

13 the law of the land and a free citizen of this state.3 This state is a political

14 community of free citizens, occupying a territory of defined boundaries, and

15 organized under a government sanctioned and limited by a written constitution,

16
and established by the consent of the governed, and thereby the Defendant/Father
17

18
3
In the Constitution the term state most frequently expresses the combined idea just noticed, of
19 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
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
20 Court 1869

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 - 3
 1 cannot be subjected to legal process4 inside a state Court or administrative
2
tribunal5 without his expressed consent.
3

4 The definition of support obligation6 under 42 USC § 1320a-7a(s) is

5 evidence a support obligation is a contractual relationship and thereby the

6
Defendant/Father cannot be forced into a contractual relationship without his
7
expressed consent and he cannot be deceived into an implied contractual
8
relationship.
9

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

13
by this court in the notice to appear.
14
Thereby, as one of the people of the several states this state court or
15
administrative tribunal is prohibited to deny due process by presuming the
16
4
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;
5
Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or
18 modify support orders or to determine parentage.(Page 25) GLOSSARY OF COMMON
CHILD SUPPORT TERMS Office of Child Support Enforcement
19 https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf
6
“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.
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 - 4
 1 undersigned is a private person7 or person8 who may subject to legal process,9
2
quasi-judicial 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
natural person or person12 subjected to legal process,13 quasi-judicial
12
7
42 USC SECTION 659 private person (4)The term “private person” means a person who does
13 not have sovereign or other special immunity or privilege which causes the person not to be subject to legal process.
8
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a
corporation.
14 9
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
15 jurisdiction in any State, territory, or possession of the United States;
10
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
16 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.
17
11
“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
18 by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
19
12
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.
20 13
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
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 - 5
 1 proceedings,14 federal statutes, United States Codes, and non-positive laws
2
inside this court or tribunal without his expressed permission. is prohibited
3
to presume it can prosecute the undersigned by legal process or quasi-
4
judicial proceedings
5
2. It is a fact, the Declaration of Independence specifies that all just powers of
6

7 government derive from the consent of the governed, and thereby the [type

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

9 Section 654(3) is required to provide proof [Type in your name and remove
10 the brackets] informed consent15 to be governed by it.
11
3. It is a fact, the Declaration of Independence specifies that all just powers of
12
government derive from the consent of the governed, and thereby the
13
Surrogate judge is required to provide proof [Type in your name and remove
14
the brackets] was provided informed consent16 to be governed by a State
15
surrogate judge.
16
jurisdiction in any State, territory, or possession of the United States;
17
14
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
proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
18 a judge.
15
Informed Consent “An agreement to do something or to allow something to happen, made with
19 complete knowledge of all relevant facts, such as the risks involved or any available alternatives.”
https://www.law.cornell.edu/wex/informed_consent
16
Informed Consent “An agreement to do something or to allow something to happen, made with
20 complete knowledge of all relevant facts, such as the risks involved or any available alternatives.”
https://www.law.cornell.edu/wex/informed_consent
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 - 6
 1 4. The court is required to judicial notice of an adjudicated fact17 VIRGINIA v.
2
RIVES, 100 US 313-SUPREME COURT 1880 that proceedings and
3
judgments coram non-judice18 in state courts are absolutely void and thereby
4
the undersigned is not required by law to participate in void proceedings.
5
5. It is a fact [type in your name and remove brackets] is a man, and one of the
6

7 people of the several states, and thereby as a one of the people of the several

8 states19 the court is prohibited to presume he is subjected to Child support

9
enforcement20 proceedings and wage withholding.
10
6. It is a fact [type in your name and remove brackets] is a man, and one of the
11
people of the several states, and thereby as a sone of the people of the
12

13

14 17
“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
15 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
v. RIVES, 100 US 313-SUPREME COURT 1880
16 18
What is CORAM NON-JUDICE? In presence of a person not a judge. When a suit is brought
and determined in a court which has no jurisdiction in the matter, then it is said to be coram non-judice, and the
17 judgment is void. Manufacturing Co. v. Holt, 51 W. Va. 352, 41 S. E. 351
19
"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
18 within their respective states." Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.
20
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 203. "Child support enforcement"
19 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
child support or medical support order. Child support actions may be brought under the civil or criminal laws of a
20 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.
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 - 7
 1 several states the court is prohibited to presume he is a federal employee for
2
a federal agency21 and prohibited to subject to wage withholding.
3
7. It is a fact [type in your name and remove brackets] is a man, and one of the
4
people of the several states, and thereby as a one of the people of the several
5
states22 the court is prohibited to presume he is a member of the Uniform
6

7 Services23 and subjected to wage withholding.

8 8. It is a fact under the Uniform Interstate Family Support Act24 the

9
undersigned is required to contest the proceedings and thereby the court
10
must provide evidence to prove personal jurisdiction or it must discharge
11
this matter immediately.
12
21
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 201. "Federal agency" means any
13 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.”
14 22
"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
15 within their respective states." Ohio L. Ins. & T. Co. v. Debolt, 16 How. 416, 14 L.Ed. 997.
23
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
16 Atmospheric Administration, and the Public Health Service.

17 24
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;

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

7 thereby under the Uniform Interstate Family Support Act the court must

8 provide evidence to prove personal jurisdiction or it must discharge this

9
matter immediately.
10
11. The court or tribunal is required to take judicial notice of an adjudicated fact
11
Stump v. Sparkman, 435 US 349 - Supreme Court 1978 that judges acting in
12
clear absence of jurisdiction is without judicial immunity25 and thereby the
13

14 surrogate judge acting in clear absence of jurisdiction will be subjected to

15 liability for the harm caused by willfully issuing void judgments requiring a
16
child support agency to issue wage garnishment orders to seize the wages of
17
the undersigned after being judicially noticed that proceedings and
18
judgments coram non-judice are absolutely void.
19
25
"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
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 - 9
 1 THE COURT OR TRIBUNAL UNDER OBLIGATION OF
2
CONTRACTS26 UNDER ARTICE 1 SECTION 10.1 IS REQUIRED TO
3
RESPOND IN WRITING CLARIFYING ITS EVIDENCE AND FACTS TO
4
REFUSE TO DISCHARGE THIS MATTER
5

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

11

12 Your NAME

13

14

15

16

17

18

19

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

26

BURNET V. SMITH, 240 SW 1007(1922)

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 - 10