how to stop child support from suspending your license This is a topic that many people are looking for. passionistsisters.org is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, passionistsisters.org would like to introduce to you Give Back My License (From DMV and Other Agencies). Following along are instructions in the video below:
You welcome supporters of drivers license suspensions. Argued that a drivers license is is a privilege in that if you do not pay your child support. Then the could revoke your license.
The critics of drivers license especial states that well if you take the drivers license. Then you cut off the ability for that father which they call obligor to earn an income well. This issue was decided by the case called coven das versus department of motor vehicle in new jersey.
He was argued by the law firm david perry davis in the decision of this case. Judge mary jacobson. His opinion.
Which is a hundred eighty seven pages stated that the automatic suspension of drivers privileges violates the due process as well as the fundamental fairness and she further our in her opinion states that new jersey should provide a process in which to eliminate this practice within the next 120 days. And if there are any fathers were caught in this process of jobs. I suspension new jersey must provide them one an opportunity to be noticed in to they should provide legal counsel.
Here is the letter that started this process. It has the governor christie on it in new jersey. And michelle miller.
Who is the acting director over by the right side of the letter and raymond martinez is the partner motor vehicle. Commissioner next is the letter that shows as of april 1st 2019 new jersey. No longer practices.
What is called the automatics expansion of drivers license as a result of non payment of child support. This time. Miss michelle miller is now the director hello.
My name is chris and on this channel. We show that the child support process violates your rights and we provide suggestions and tips for you to fight those rights in this case. We will review the cavan das versus dmv on this channel.
We provide education on legal writings. Both public and private decisions case laws. We review statutes and regulations.
They also provide templates. This is our non lawyer maxim. As we have said in our channel in many many of our videos that the practice of law cannot be licensed by the state and in this example of n.
Double. A cp vs buttons. A non lawyer can actually assist individual or group with their court cases now what were saying is on this channel.
We provide you with education regarding the law. Were not your lawyer. We just provided skim that you could use in your child support case at the end of this presentation.
We have what is called a call to action where we provide you tips and suggestions. If you are one of those fathers who are trapped within the both the dmv process in the child support process. So lets begin lets review.
The case. The suspension of license in general. Its statute is 20 2.
Cfr. 50 170 may 6th. A procedures for revocation of license.
The department of motor vehicle does not have what is called immunity from a lawsuit again theyre an agency of of the state enforcement and suspensions of license. It also falls under another section of the statute called section 466. A 16 as well as 42.
Usc 666 of the social security act. Here it outlines details first all 50 states should have what is called an administrative or statutory process for the suspension restriction or revoking of license. Each state impose its own triggering criteria.
That is at what point do you issue the processor start the process for suspension of license due to failure to pay or not not paying child support next this affects all professional license occupational license or recreational license as well as passport while this process is in place due process of rights must be included you lets look at new jersey itself. In a statute. As the the federal regulation says.
It is a statutory requirement within the state on the screen. There is new jersey and the public law of new jersey is to a seventeen fifty six point four one. It is a judicial process and here are the requirements after six months of non payment of child support arrears.
They start a suspension process they give you 30 days notice in a certified mail and give you 30 days in which to challenge that on the screen. There is new hampshire. Which is also an administrative process in new york thats a judicial process.
We have said here on this channel. And many plays you need to know. Which jurisdiction you are in are you in article.
One or or in an article. 3 court. Its important because you have to argue your case appropriately if you would like the remainder or if you have questions about your state.
Please feel free to reach out to us send us an email and we can let you know what the requirements are for your state. Next we. Review this.
Statute 45 cfr to 6. 430. In it it says.
State agency must refer all appropriate individuals in the family of a child for whom paternity has not been established or for whom child support orders are established and that will information will be sent to the child support enforcement agency. Which is called a title for the agency. It is our opinion on this channel that everyone every male is in this database and well talk more about it.
But if you want to understand your rights or defend your rights. If you want to fend against this statute. Please review.
Our video call the thin defend my rights. So lets look closely at the case. Lets do a review on the right side heres the docket.
Which is m r l. 1 0. 0.
4 1 5. Which is 2015 and its superior court of new jersey. And its a civil action.
The plaintiffs in the case is cavanaughs but comma das is joined by grabowski and dancing those are the plaintiff. The defendants are raymond martinez. Whos the chief administrator for the department of motor vehicle another defendant is the attorney general for new york more defendants.
The administrator for the department of health where the office of child support enforcement is managed out of thats important they included the department of health as the defendant. They also added the heat. The director of administrative office for the courts.
So to summarize what the judge is saying a her 187 page. Which is a small book when theres a delinquency or theres a non payment. The state of new jersey rushes to revoke the license.
But even though the statute asked for due process those due process claims are valid because they were it followed. It was based on a ruling called pascua versus council of 2006. Where in that decision justice.
Barry alban. Says in addition to challenging the department of vehicle attorneys that the dmv or the state order officer child. Support must provide an attorney access or at least access to legal counsel.
While theyre fighting this process. Heres why we are excited about this case. Its called a good faith and credit.
The united states supreme court says that an issue or a case thats settled by a court in one state must be recognized by the courts of other states and may not be reopened. Later chief justice. John marshall suggested that the judgment of one state must be recognized by other state courts as final thats ableman versus booth.
And were a higher court. Have stated know made a decision within the federal courts then all states must abide by that ruling that is how that vs rose. And as always all federal laws are applicable to to every states.
Thats bullock versus united states. So here is why were excited about this this case was settled in new jersey that translate to you could use the details of this case within your state. That is all 50 states and the argument is you could use the example of ableman versus booth to prove that were saying that this is your golden ticket your blueprint in which to challenge the suspension of your license.
Now. I will caution you cant just run out and just make copies. This document put a letter together and run to the court or to dmv and says here it says my license due process and i i should have my license back its little more more involved in that and for the rest of this presentation.
We will cover some of the things that you need to include in your case. Next. Lets do a critical analysis of the dmv policy as was shown within the kava kava kava das lawsuit in new.
Jersey there are about 66000. What they call fathers do defaulted on their payments. And which resulted in their license being suspended all of that number about 400 or so were able to get what is called a hearing on the matter.
Thats point five seven not even 1 or a lot of hearing in addition they discovered that new jersey dmv was charging a hundred dollars to restore those drivers license in. 2015 the dmv made 75. Million dollars from this process alone what it basically states that everyone whos involved in child.
Support have recognized child. Support is a money grab has always been a money grab. It was designed by as a money grab program again thats our opinion.
And we refer to the supreme court case. Blessing versus free stone. Where the justices came to the conclusion that child support title 4d program has nothing to do with your child.
The mother or the father it has to do with compensation between the states federal federal government and their agencies. This case calvados proves of one of those entities. That it is a money grab program next theres a case within the process gentleman by the name of james who was caught up in this revocation process with an essex county was discovered that his license was revoked as a result of the child support his process for undoing.
A mistake again it was a mistake. It took forever likewise others have caught up in this process. Where they were issued summon some were even arrested because they did not know their license was suspended on average within new jersey about 400 erroneous suspensions per year.
Thats about one per day. So lets take a look at the brief itself. Weve decided to take some pieces of it that we think you should know for your child support case.
As well as for everyone should know first exhibit the private interest you have a private right to the information on your license. Yes the department of motor vehicle owns your drivers license. However the information thats contained is your personal information.
If you want to know your rights. So we have a video called know your rights you want to exercise those right. Please review.
That video next exhibit. They include a plaintiff. Included a chart.
Which is on a screen here of where whites and non whites between the years 2010 to 2014. They showed that the practice had a discriminatory elements to it now one would argue how did you know that well we all know that the drivers license contained your race your eye color your hair curl your height its you could track it so in this case. They presented that more more times than is believed that non whites were targeted separate from whites.
So that again help their case next. Exhibit included was the department of justice letter. We have a video on his channel.
Where we take the department of justice. Letter and show you that there is at least five lawsuits. Within that letter.
The department of motor vehicle is the number one lawsuit and here we review the cavanaughs case from that. Letter so lets. Review the 45 cfr.
260. 430. As we stated earlier.
We believe that the state agency. Provide all mails or send all mail information into the child support title. 4d database.
And the reason for that is in the cut in kavadis case. There were folks who got caught in the program. Who did not have an order for child support.
And did not have a child involved. The question is how did they get caught in a program. Thats designed only for child.
Support. It means that their names were inside the database again this is our opinion. So now if this brings us to a section.
Which we call call to action and heres where we suggest the things that you could do if you are in this process for suspension of your drivers license. The first thing you need to get is department of justice letter. You could also get the deprivation of rights letter.
Which in another video. We provide leave show you how to get back how to complete that next you need to get all the documents for your court case you need to understand when and how the trigger for your special suspension of license with that information you will if you decide to do so prepare or draft. A motion or petition asking the dmv to demonstrate and prove the due process before revoking your license.
If for any reason you require an attorney to do that again this is that the case. The judge argued that you can request an attorney as to whether you get one or not thats entirely up to you you could do this without an attorney. Again you have a choice to argue your case.
If for any reason you need help on this issue or you just need more information about this cavanaughs case. Please feel free to reach out to us as always you can always email email us with your comments or questions or any suggestions that you have we also ask for a small donation or gift to help us and assist us in our research. Where we take the time to review cases appropriate and relevant for the folks who are involved or may not be involved with the child support process and were asking for us 25 or anything you know any amount thereof.
We also ask you to subscribe and please share the video especially this video to everyone. And anyone so they can understand how the department of motive vehicle has been making a significant amount of money as a result of the child support process. So this is the end of our presentation and we want to thank you on the screen.
We have links to other videos. Goodbye you .
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