Digital Social Hour: Unmasking Child Support – A Tech Pro's Legal Battlefield

Host: Sean Kelly
Guest: T.J. Tillman & Michael Tillman
Episode: #1005
Release Date: December 23, 2024

1. Introduction

In the landmark episode titled "Unmasking Child Support: A Tech Pro's Legal Battlefield," hosted by Sean Kelly, T.J. Tillman delves deep into the murky waters of the child support system in the United States. Joined by Michael Tillman, a trailblazer who successfully dismissed his own child support case for fraud, the discussion sheds light on systemic flaws, personal battles, and the broader implications of child support enforcement.

2. The Incentivized Child Support System

Michael Tillman opens the conversation by highlighting the financial incentives embedded within the child support system.

"2024. $713 million to states to find you guilty in their own state hearing." [00:00]

He explains that states receive hefty funds based on the number of child support cases they resolve, creating a performance-based incentive to maximize collections. This system, according to Michael, is inherently biased against the non-custodial parent, often leading to unjust outcomes.

3. Michael's Groundbreaking Case

Michael Tillman's personal journey serves as a testament to the possibilities within the flawed system.

"I was the first person that I know of who got their case dismissed for fraud." [01:04]

In 2018, after six grueling years, Michael successfully contested his child support case by representing himself without any legal background, thanks to a fee waiver that covered his costs. He meticulously navigated the legal jargon, uncovering discrepancies in his case that eventually led to its dismissal.

4. The Administrative vs. Judicial Debate

A significant portion of the discussion revolves around the distinction between administrative hearings and true judicial processes in child support cases.

"Child support hearings are not judicial. They're an administrative process." [03:59]

Michael emphasizes that administrative hearings lack the impartiality of judicial proceedings, often resulting in biased outcomes driven by state incentives. He references the Minnesota Supreme Court case, Holmberg vs. Holmberg, which declared the child support process a violation of the separation of powers, further validating his stance that the system operates fraudulently.

5. Legal Loopholes and Systemic Flaws

Michael delves into the technicalities that often trap individuals within the child support system:

• Temporary Judges:

  "They're attorneys acting as temporary judges." [04:15]
  These temporary officials lack the authority of actual judges, rendering many decisions unenforceable.

• Prima Facie Presumption:

  "They presume that if you don't respond, we presume that you agree." [14:12]
  This legal principle forces individuals to engage actively in their cases or face automatic judgments against them.

• Invalid Documentation:
  Michael discovered that his case was tied to documentation without the proper judicial signatures, making his default judgment invalid.

  "The writ is signed by a deputy clerk is void for lack of a judicial signature." [22:55]

6. The Emotional and Financial Toll

T.J. Tillman sheds light on the personal devastation caused by the child support system:

"It's a very, you know, traumatizing experience for the male." [01:44]

Michael echoes this sentiment, recounting his struggles with suspended licenses, arrested due to non-payment, and the perpetual cycle of debt that affected his credit score and personal freedom.

"They can keep up to 66% of that money." [35:05]

7. Strategies for Combatting the System

Michael shares actionable insights for those trapped in similar situations:

• Self-Representation:
  By representing himself, Michael was able to scrutinize every aspect of his case, identify fraudulent practices, and systematically dismantle the state's claims.

• Documentation and Evidence:
  Michael emphasizes the importance of gathering concrete evidence to challenge wrongful claims, such as proving incorrect service of documents or discrepancies in personal information.

• Educational Resources:
  To aid others, Michael authored a book titled "How I Stop Child Support Legally," providing a step-by-step guide for individuals without legal backgrounds to navigate and challenge the system.

8. Historical Context and System Origins

Understanding the genesis of the child support system is crucial. Michael traces its roots back to the 1935 Social Security Act, initially designed to provide assistance during the Great Depression. In 1975, an amendment introduced Title 4D, transforming voluntary aid into enforceable child support, primarily as a means to recoup funds from Title 4A (government assistance programs).

"It's only 50 years old. Yeah, that's our generation." [34:16]

This shift marked the system's transition from supportive aid to debt enforcement, embedding financial penalties into familial responsibilities.

9. Redefining 'Child Support'

A pivotal point in the discussion is Michael’s proposition to rename the system from "child support" to "state support."

"It's not for the children. Yeah, it's for the state." [35:37]

This reframing underscores the system's primary function of benefiting the state rather than directly supporting the child, challenging societal perceptions and legal interpretations.

10. Overcoming Stigma and Misconceptions

Addressing common stigmas associated with child support, Michael clarifies that his critique is not against parental responsibility but against the system enforcing it.

"I'm challenging the child support system itself, the entire entity." [44:12]

He advocates for open conversations to educate individuals about their rights and the systemic issues, aiming to reduce the blame placed solely on non-custodial parents.

11. Conclusion and Resources

Michael Tillman's victory serves as an inspiring blueprint for others entangled in the child support system. By leveraging knowledge, perseverance, and strategic self-representation, he dismantled a biased system from within.

For those seeking assistance, Michael directs listeners to his resources:

• Website: childsupportisfraud.com
• Book: How I Stop Child Support Legally
• Social Media: Instagram, YouTube under "Child Support is Fraud"

Through these platforms, Michael continues to empower individuals to challenge and reform the child support system.

Notable Quotes

• Michael Tillman [00:00]:
  "2024. $713 million to states to find you guilty in their own state hearing."

• Michael Tillman [01:04]:
  "I was the first person that I know of who got their case dismissed for fraud."

• Michael Tillman [03:59]:
  "Child support hearings are not judicial. They're an administrative process."

• Michael Tillman [14:12]:
  "They presume that if you don't respond, we presume that you agree."

• Michael Tillman [35:05]:
  "They can keep up to 66% of that money."

• Michael Tillman [35:37]:
  "It's not for the children. Yeah, it's for the state."

• Michael Tillman [44:12]:
  "I'm challenging the child support system itself, the entire entity."

This episode unearths the intricate challenges within the child support system, offering both a personal narrative and a critical analysis of its structural flaws. Michael Tillman's story underscores the importance of awareness, education, and resilience in confronting institutional biases.