[Music] [Music] welcome to facts or [Music] frauds all right so um good morning to both of you um this case has been I that's been going on since May of last year um in this case uh Miss Simmons has an order for 437 a month it's the primary payment for child support and she has a payment of $87 a month it's a repay for my math my mind is not that efficient to figure out the amount so let me just put what he's supposed to be paying uh 437 plus 87 I think is what I said all right the child support payment is supposed to be $524 a month um looking at my notes over time both parties were present in June of last year and then in August of last year I've given multiple resets and then he was here October and then I dismissed the case because you were consistent on October of 2023 then in August of 2024 she refiled because he you stopped making payments and then I said a zoom date I actually issued a warrant for your arrest um but I we reset the case because you came in person and indicated that you did not get the hearing notice uh I don't usually give second opportunities when I've worked with you for a whole year to get you back on track and then you just just just fall off um generally that's a problem because you know you're under an order to pay child support um and I've already given you the opportunity of what I call redeeming yourself um looking at the order you have Mom has custody of Abraham Asher and Naomi three children that's that's not a lot of child support for three children anyway but um all right and so looking at your child support order looks like you uh mom was receiving unemployment payments for April and then when we came to court last month dcss said that they saw that you may have had a job and they were trying to see if they could get the child support taken directly out of your paycheck I reset the case to give you a chance that if there's an income deduction order I would recall the warrant and let the income deduction order continue to proceed but there's nothing to date so last payment mom received was April I believe and so that's May June July August September October November seven months three kids no support at all is what I'm showing okay yes you can raise your hand yes Miss Simmons I submitted um evidence as well it was something that uh Mr Simmons had filed with Superior Court I believe um so I think they may have it they said they were going to upload it uh for you to be able to see it um okay give me one moment um Mr Keys Joshua can you do you see anything from her that you could forward to me yeah let me give give me one second hold on I'll look okay give me one moment please and you sent it to the Magistrate Court clerks Miss Simmons okay give me yeah they they made a copy of it yeah I took it to the office okay all right well I'm waiting on the information for Miss Simmons Miss Arena Camarillo is there any update on the information that was sent in on yes I'm not sure when the last meeting with the court was what I can say is that on August 22nd um we received a response from an employer via fact stating that he was no longer employed at the location where we had sent the income withholding order to they said he no longer employ there as of August 22nd 2024 all right Mr Simmons while I'm waiting for Miss Simmons information to be sent mind you I've already issued the warrant for your arrest but you can go ahead and explain me while you haven't paid any child support in the past seven months you have to unmute yourself [Music] sir yes your honor I'm appearing under special appearance as gozly to address the challenge to jurisdiction I request that no substantial matters proceed until jurisdiction clarification is fully resolved over my person or property for the record I request that all responses to the questions and my demand for clarification on jurisdiction be fully document in court record so a clarification of demand uh that was sent uh that should be filed that's what you're referring to demand for clarification of jurisdiction okay um you have a child support order Miss Simmons has a child support order in Cab County you are under an order to pay child support in the state of Georgia it is a crime to not support your children for 30 days the law states that the uh case should be filed where the mother resides with the children Miss Simmons um I'm just going to um unmute you miss Simmons where do you reside at this time the cap County the cap County and where did the children reside yeah also decab County in Stone Mountain and where are they attending school in what jurisdiction uh decab County Stone Mountain de Cab County okay thank you for criminal Pur purposes I do find I have jurisdiction over you Mr Simmons you are the father of these three children there's an existing child support order for you to pay child support you're failing to pay the child support you have not paid child support in 7 months I'm still waiting so give me one moment before I proceed you don't want to explain to me why you're not working what you're doing you have three children with Miss Simmons and you're not making any effort to comply with my order the jurisdiction is determined that I absolutely have jurisdiction over you because your children are not being provided for by you the last time we received was some unemployment in April and nothing since then um so there's jurisdiction over you what else do you want to address Mr Simmons well you my demand includes several fundamental questions regarding the nature of the Court's Authority I respectfully request the court provide clear answers to these questions before asserting jurisdiction over my personal property uh specifically the state of Georgia operating as a corporate Corporation or as I'm not I'm not entertaining those questions yes those are those are sovereign citizens questions and I'm not answering those questions so I'm G to mute you for right now I have jurisdiction over you I have jurisdiction over your children this is an an appropriate proceeding this is a government entity and I have jurisdiction over our court and de C County have jurisdictions over youed so this is The Sovereign citizen kind of thing where people act like they're not or they present that they're not members of the United States and yeah no sorry sir you can present whatever you want in writing but I've already determined I have jurisdiction you've appeared in court before you've never made an issue so I'm not going to let you um you know try to say we don't have jurisdiction over you've appeared multiple times before our all right so give me one moment we looked in the inbox as well um as well look on the file we do not see anything on file as far as from Miss Simmons not saying she didn't but I we don't see anything in the actual inbox or attached to her file do you have it already scanned Miss Simmons uh myself no they did also stamp it to say that it was received by magistr Court as well okay well you can just tell me what it was what was it uh yeah Mr Simmons he submitted something apparently to Superior Court I received a certified copy of a letter in the mail um stating basically that he believed that he should not be liable to pay child support because he did not um um he did not agree to pay child support essentially he said that he was under rest in uh having to pay child support of his all right so there are a number of um like entities out that go and challenge jurisdiction and you know the things that he's trying to do reading some script of narrative that the judge doesn't have jurisdiction and sometimes they say they're not a legal person and yeah I'm finding that you are a legal person you've already appeared before the court so you can't bring any new argument before the court I do find that you're intentionally abandoning your three minor children so I am issuing the warrant for your arrest sir uh you can turn yourself into the Cab County Jail Miss Simmons unfortunately this doesn't expedite it's just going to go to court they will um uh arrest him uh when it's time they'll take him into custody uh and then your case is going to be transferred to state court so once your case is transferred to State Court Mr Simmons if you are recording this proceeding I am going to hold you in contempt and I can issue another warrant for your arrest you are not to record this proceeding I'm not I'm not actually recording I'm actually my advice is to make sure that this is being represented accurately are you recording this proceeding Mr Simmons you're no I'm not I'm not recording this proceeding at all all right thank you well I was trying to give you an opportunity to explain why you haven't paid child support um you're determined you tried to address jurisdiction I find there's jurisdiction over you your children so with that being said sir a warrant's been issued for your arrest you're not providing support since April and um you did good you got off off the case and then you decided to go this route that's on you so $2,000 regular Bond usually I give unsecured judicial releases but I'm not because it's your second time before court uh you'll um you can turn yourself in if you choose if not then there'll be a warn outst standing for your arrest when they pick you up this is a okay I'm making special appearance to actually address the jurisdiction and so what I'm trying to do is clarify that first I know you mention about jurisdiction but I'm trying to answer the questions that are in the demand for cl clarification for jurisdiction so those questions that that was actually submitted and I'm waiting for you to open oh that's not me that's Superior Court I know no no no no I I walked it in personally to the Magistrate Court I put it in there the same docum she's talking about I put that okay sir you can ask the questions about jurisdiction I've already told you I have jurisdiction because your your wife and your three your ex-wife and your three children live in decab County under Georgia law I have jurisdiction over the case what other question do you have and because you're the father that birthed those three children you're the one that I find is committing a criminal offense so a warrant's been issued for your arrest what question you have about jurisdiction is this jurisdiction being fully document in a court of record yes it is okay and apart from that um when I when I mentioned about the request for the court to PR clear answers to the questions before a certain jurisdiction of my personal property they're written and a clarification for demand that was I'm not taking any jurisdiction over your personal property sir I'm taking jur jurisdiction over you and a state court will decide whether or not you're going to go before a judge or jury so that concludes our hearing sir um Miss Simmons um you'll just go to the Decap County um court and they will hand I mean to C County State Court your your case has been transferred uh Mr Simmons has not paid support seems like he's not going to pay support so I would also recommend through child support that you file a motion for contempt because I'm sure he has the ability to take care of himself and he's sounds to me like he's challenging whether or not these children uh should be supported by him so sir you could take that up in Superior Court but for criminal purposes I've already determined that we have jurisdiction okay that concludes our hearing U Miss Simmons if you go to Odyssey County Odyssey do not unmute yourself without my permission sir um in Odyssey you can you have to track your case Okay give it about probably beginning of the year going into the Cab County Odyssey keep putting his name in until you finally see something come up and once it comes up try to go to court if you can to advocate for the child support because sometimes if Mom isn't there U it just makes a difference when moms are active with the court and making sure that the support is provided and I thought if I wasn't I don't know did you have a special needs child one yes that's right na has special needs yeah okay I'm so sorry you're going through this but hopefully you will be able to continue to do the best that you can do um with it all right that concludes our hearing all right Mr Simmons you could turn yourself into the cab county jail if not they're gonna there's a warn outstanding and when they do a suep um through any different counties then you'll be arrested and taken into custody you have a bond of $2,000 and that concludes our hearing um I'll give you one final word if you have a question Mr Simmons but I've already I'm not dealing with jurisdiction questions because I've already determined I have jurisdiction over you do you have anything else did you need to say before that concludes before I conclude the hearing you can I'm here on special appearance okay thank you we appreciate your special appearance your excused from Court we can go ahead and um excuse Mr Simmons and Miss Simmons from court and that concludes our hearing on that case what kind of pain and embarrassment has this lifestyle caused your mother and thanks for hanging out with us on facts or frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our faxer frauds channel [Music] members if you'd like to become a member click on the link in the description or click join right next to [Music] subscribe and if you're still hanging out thank you I appreciate you all hit that Thumbs Up Button make sure you subscribe ring the bell and leave a comment in the comment section tell me what you think till next time I'll see you soon