1 Jason V Sobiesiak

6733 Meriwether Ct
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Alta Loma, Xalifornia (91701)
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SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE
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RIVERSIDE COUNTY DCSS, Case No.: [Number]
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Plaintiff,
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vs.
9 NOTICE OF MOTION
CONTESTING TITLE IV-D CHILD
[DEFENDANT'S NAME],
10 SUPPORT ENFORCMENT
Defendant AGENCY ENTERING INTO
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COOPERATIVE AGREEMENTS
12 WITH THE COURT UNDER 42
USC SECTION 654(7) AND TO
13 VACATE ANY SUPPORT ORDERS
ISSUED BY EMPLOYEES ACTING
14 UNDER THE COOPERATION
AGREEMENT UNDER 42 USC
15
SECTION 654(7)
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NOTICE OF MOTION
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CONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT AGENCY
18

19 ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT

20 UNDER 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT

21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT

AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 1
 1 ORDERS ISSUED BY EMPLOYEES ACTING UNDER THE
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COOPERATION AGREEMENT UNDER 42 USC SECTION 654(7)
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4 1. COMES NOW, [TYPE IN YOUR NAME AND REMOVE BRACKETS]

5 THE RESPONDENT IN THE TITLE IV-D CHILD SUPPORT

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ENFORCEMENT PROCEEDINGS IS EXERCISING HIS RIGHT TO
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CONTEST THE JURISDICTION AND AUTHORITY OF THE COUNTY
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CHILD SUPPORT ENFORCEMENT AGENCY TO ENTER INTO A
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10 COOPERATIVE AGREEMENT UNDER 45 CFR 303.1071 WITHOUT

11 HIS KNOWLEDGE OR CONSENT TO PARTICIPATE IN A

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13 1
§ 303.107 Requirements for cooperative arrangements.
The State must ensure that all cooperative arrangements:
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(a) Contain a clear description of the specific duties, functions and responsibilities of each party;
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(b) Specify clear and definite standards of performance which meet Federal requirements;

16 (c) Specify that the parties will comply with title IV-D of the Act, implementing Federal
regulations and any other applicable Federal regulations and requirements;
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(d) Specify the financial arrangements including budget estimates, covered expenditures, methods
of determining costs, procedures for billing the IV-D agency, and any relevant Federal and State reimbursement
18 requirements and limitations;

19 (e) Specify the kind of records that must be maintained and the appropriate Federal, State and
local reporting and safeguarding requirements; and

20 (f) Specify the dates on which the arrangement begins and ends, any conditions for revision or
renewal, and the circumstances under which the arrangement may be terminated.
21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT
AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 2
 1 COOPERATIVE AGREEMENT BETWEEN A COURTHOUSE AND A
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COUNTY CHILD SUPPORT ENFORCEMENT AGENCY.
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4 2. IT IS A FACT THAT UNDER FEDERAL UNIFORM INTERSTATE

5 FAMILY SUPPORT ACT AND STATE INTERSTATE FAMILY

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SUPPORT ACT RESIDENTS AND NON RESIDENTS ARE REQUIRED
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TO SUBMIT TO THE JURISDICTION OF THE COURT AND WAIVE
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CONSENT AND THIS RESPONSE IS EVIDENCE THAT THE
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10 RESPONDENT IS NOT A PRIVATE PERSON WAIVING CONSENT

11 AND ASSERTING SOVEREIGNTY OF A MAN, WHO IS A STATE-

12 CITIZEN THAT EXCLUDES FROM LEGAL PROCESS2 DEFINED

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UNDER 42 USC SECTION 659(i)(5).
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15 3. THE RESPONDENT IS CONTESTING THAT THE PURPOSE OF THE

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COOPERATIVE AGREEMENT 45 CFR 303.107 IS TO DECEIVE THE
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RESPONDENT TO BELIEVE HE IS PARTICIPATING IN COURT
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PROCEEDINGS, WHEN IN FACT THE COOPERATIVE AGREEMENT
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2
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
20 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;
21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT
AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 3
 1 PROVES THE COURTHOUSE AND ITS EMPLOYEES ARE BEING
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USED TO SUPPLY THE COUNTY CHILD SUPPORT ENFORCEMENT
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AGENCY WITH RESOURCES OF A COURTHOUSE AND
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EMPLOYEES TO HOLD ADMINISTRATIVE CHILD SUPPORT
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PROCEEDINGS, THAT ARE MADE TO LOOK LIKE COURT
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7 PROCEEDINGS, WHEN IT APPEARS TO BE A CLEVER DECEPTION

8 TO FORCE THE RESPONDENT TO PARTICIPATE IN TITLE IV-D

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CHILD SUPPORT ENFORCEMENT PROCEEDINGS INSIDE A
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COURTHOUSE WITHOUT HIS NEEDED CONSENT.
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12 4. UNDER THE STATE PLAN FOR CHILD SUPPORT ENFORCEMENT

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UNDER 42 USC SECTION 654(7) A COUNTY CHILD SUPPORT
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ENFORCEMENT AGENCY ENTERS INTO A COOPERATIVE
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AGREEMENT UNDER THE AUTHORITY OF 42 USC SECTION
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17 654(7)3, 45 CFR 302.434, AND 45, AND CFR 303.107, TO ASSIST THE
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42 USC Section 654(7) provide for entering into cooperative arrangements with appropriate
18 courts and law enforcement officials and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of
section 5304 of title 25) (A) to assist the agency administering the plan, including the entering into of financial
19 arrangements with such courts and officials in order to assure optimum results under such program, and (B) with
respect to any other matters of common concern to such courts or officials and the agency administering the plan;
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§ 302.34 Cooperative arrangements.
20 The State plan shall provide that the State will enter into agreements, which are reflected in a
record, for cooperative arrangements under § 303.107 of this chapter with appropriate courts; law enforcement
21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT
AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 4
 1 STATE TO RECEIVE TITLE IV-D FEDERAL FUNDS AT THE
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EXPENSE OF THE DUE PROCESS OF UNKNOWING RESPONDENTS,
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WHO ARE UNDER THE IMPRESSION THEY MUST PARTICIPATE IN
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COURT PROCEEDINGS FOR CHILD SUPPORT, WHEN IT IS
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ADMINISTRATIVE CHILD SUPPORT PROCEEDINGS BEING HELD
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7 INSIDE A COURTHOUSE UNDER THE AUSPICES OF THE COURT,

8 BUT UNDER 42 USC SECTION 654(3) IT SHOWS THAT STATE

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CHILD SUPPORT ENFORCEMENT PROCEEDINGS ARE A
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SEPARATE ORGANIZATIONAL UNIT NOT PART OF THE COURTS.
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12 5. THE RESPONDENT [TYPE IN YOUR NAME AND REMOVE

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BRACKETS] IS CONTESTING THAT HE IS NOT SUBJECTED TO
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TITLE IV-D CHILD SUPPORT ENFORCMENT5.
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officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors; corrections
officials; and Indian Tribes or Tribal organizations. Such arrangements may be entered into with a single official
16 covering more than one court, official, or agency, if the single official has the legal authority to enter into
arrangements on behalf of the courts, officials, or agencies. Such arrangements shall contain provisions for
17 providing courts and law enforcement officials with pertinent information needed in locating noncustodial parents,
establishing paternity and securing support, to the extent that such information is relevant to the duties to be
performed pursuant to the arrangement. They shall also provide for assistance to the IV-D agency in carrying out the
18 program, and may relate to any other matters of common concern. Under matters of common concern, such
arrangements may include provisions for the investigation and prosecution of fraud directly related to paternity and
19 child and spousal support, and provisions to reimburse courts and law enforcement officials for their assistance.
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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
20 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
21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT
AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 5
 1 6. IS A FACT UNDER EXECUTIVE ORDER 12953 THAT TITLE IV-D
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CHILD SUPPORT ENFORCEMENT ARE FOR MEMBERS OF THE
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UNITED STATES UNIFORMED SERVICES6AND EMPLOYEES OF
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FEDERAL AGENCIES7 AND THEREBY THE UNDERSIGNED
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RESPONDENT IS NOT SUBJECTED TO TITLE IV-D CHILD SUPPORT
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7 ENFORCMENT PROCEEDINGS BY NOT BEING A MEMBER OF THE

8 UNIFORMED SERVICES NOR AN EMPLOYEE FOR A FEDERAL

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AGENCY.
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11 7. IT IS AN ADJUDICATED FACT THAT STATE PROCEEDINGS

12 BEFORE A PERSON NOT A JUDGE CORAM NON JUDICE ARE

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ABSOLUTELY VOID8.
14 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.
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Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 202. "Uniformed Services" means the
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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
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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 U.S.
Code § 105 - Executive agency “For the purpose of this title, “Executive agency” means an Executive department,
18 a Government corporation, and an independent establishment.”

19
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“If the petition filed in the State court before trial, and duly verified by the oath of the
defendants, exhibited a sufficient ground for a removal of the prosecutions into the Circuit Court of the United
States, they were in legal effect thus removed, and the writ of habeas corpus was properly issued. All proceedings in
20 the State court subsequent to the removals were coram non judice and absolutely void.” VIRGINIA v. RIVES, 100
US 313-SUPREME COURT 1880
21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT
AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 6
 1 8. THIS COURT IS JUDICIALLY NOTICED OF AN ADJUDICATED
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FACT VIRGINIA v. RIVES, 100 US 313-SUPREME COURT 1880 THAT
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IS CLEAR AND CONVINCING EVIDENCE BY THE SUPREME
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COURT THAT STATE PROCEEDINGS CORAM NON JUDICE ARE
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ABSOLUTELY VOID, AND ANY ORDERS OR PROCEEDINGS
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7 CORAM NON JUDICE THAT MAY HAVE BEEN ISSUED BEFORE

8 RECEIVING THIS NOTICE TO THE COURT ARE VOID AND THIS

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COURT IS WITHOUT THE JURISDICTION AND AUTHORITY TO
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REFUSE TO ACKNOWLEDGE THIS ADJUDICATED FACT AND TO
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CONTINUE TO ISSUE A VOID JUDGMENT THAT RESULTS IN THE
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ILLEGAL SEIZURE OF WAGES OR INCOME ARE WILLFUL AND
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14 INTENTIONAL ACTS CONSISTENT WITH LARCENY AFTER BEING

15 PRESENTED WITH AN ADJUDICATED FACT VIRGINIA v. RIVES,

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100 US 313-SUPREME COURT 1880 BY THE SUPREME COURT OF
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THE UNITED STATES THAT JUDGMENTS CORAM NON JUDICE
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ARE ABSOLUTELY VOID.
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21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT

AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 7
 1 9. IT IS A FACT, THIS STATE IS NOT WITHIN THE GEOGRAPHICAL
2 AREA OF THE DEFINITION OF STATE9 UNDER SUBCHAPTER XIX
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OF 42 U.S. CODE CHAPTER 7-SOCIAL SECURITY, AS DEFINED BY
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42 USC SECTION 1301 AS THE DISTRICT OF COLUMBIA,
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COMMONWEALTH OF PUERTO RICO, VIRGIN ISLANDS, GUAM
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AND AMERICAN SAMOA AND THEREFORE THIS STATE LACKS
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THE AUTHORITY TO ENTER INTO PLAN OF COOPERATION
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9 AGREEMENTS UNDER 42 USC SECTION 654(7), 45 CFR 302.34, AND

10 45 CFR 303.107.

11

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PLEASE REFER TO ALL THE FOOTNOTES TO
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CORROBORATE THE RESPONDENT’S JURISDICTION TO CONTEST
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TITLE IV-D CHILD SUPPORT ENFORCMENT PROCEEDINGS AND
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VACATE ANY SUPPORT ORDERS ISSUED FROM EMPLOYEES
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17 ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC

18 SECTION 654(7)
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9
42 U.S. Code § 1301. Definitions (a) When used in this chapter—(1) The term “State”, except
20 where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used
in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam.
21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT
AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 8
 1

2
A DENIAL OR DISMISSAL OF THIS MOTION TO CONTEST
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REQUIRES FULL CLARIFICATION OF THE COURT’S REASONS FOR
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DENYING OR DISMISSING THIS MOTION BY REBUTTING EVERY
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FACT CORROBORATED BY FOOTNOTES
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10

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Dated this [day] of [Month], [year].
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13 Your NAME

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21 NOTICE OF MOTIONCONTESTING TITLE IV-D CHILD SUPPORT ENFORCMENT

AGENCY ENTERING INTO COOPERATIVE AGREEMENTS WITH THE COURT UNDER
22 42 USC SECTION 654(7) AND TO VACATE ANY SUPPORT ORDERS ISSUED BY
EMPLOYEES ACTING UNDER THE COOPERATION AGREEMENT UNDER 42 USC
23 SECTION 654(7) - 9