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welcome in this episode we'll talk about writing affidavits how to write a powerful and effective affidavit as you know in all of your court cases within child support writing an affidavit is one of the most important skill without this you have no way of challenging the court affidavit is one of those tools that you must learn you have to learn and in order to write an effective and powerful affidavit you need to understand the components and we'll cover that in this session so what is an affidavit an affidavit is a written declaration sworn to or confirmed by notary public or any other authority under oath or what is called an oath taker an affiant is the individual who makes the assertion within the declaration so an an affidavit then therefore is deemed as hearsay statements but it's admissible in court as well as part of what is called the evidence process but it also could be used for a variety of purposes such as you can write affidavits for power of attorney such as affidavits for divorce lawsuits wills and probates so here's a sample of an affidavit again this is the heading a sample heading for your court case but to begin an affidavit you start off with the statements called dually julie sworn or affirm under penalty or perjury this isn't very important this part of an affidavit must be there and no we are not talking about a financial affidavit that's a different document and we will do a video on that at the later date this is more of we're talking about an affidavit now i've said that an affidavit is very important if you've learned no other skill in terms of challenging your child support for the courts is that you must learn how to write effective affidavits so here's the question can your attorney file affidavits for you and record that in your court case that is can the attorney write your affidavit for you well you can dictate your affidavit to the attorney and of course his staff or his paralegal will write it for you but you still must know that and the case law is called trinsy versus pagliero that's the eastern district of pennsylvania and it reads that statements of counsel in their briefs or arguments while enlightening to the courts are not sufficient to grant either a motion to dismiss or assembly judgment that is if you want your case to be dismissed in child support you have to learn effective ways to write an affidavit this is very important if there's one skill and i'll repeat if there's one skill you must learn when you're defending yourself is how to write affidavits so here's the next quiz question what are affidavits when are affidavits not required to accompany documents in a civil or criminal action in the case of child support it's both civil and criminal so the first choice is petition slash motion number two memorandum of law number three summary judgment number four judicial notice so the question is when are affidavits not required for which instruments you file in a court and the answer to that is summary judgment you are not required to have an affidavit with a summary judgment but you are required for the other instruments hello my name is chris and in this session we want to bring this very important point uh to everyone if you are representing yourself or even if you're represented by attorney writing a powerful and effective affidavit will win or lose your case as always we ask for your support we ask for a donation either via paypal or cash app uh we ask for a gift of you know 25 but anything you can give us five dollars on cash up we will take it also if you have any questions or comment either on this video or any of our videos please feel free to email us as well as we ask from time time please subscribe to our channel uh you know share and like us so let's start off with affidavit what exactly is an affidavit and parts of an affidavit well we're going to go to what is called our master class website that is childsupport.newsendler.com and we will play a video that describes the components and the parts of an affidavit an affidavit is a written declaration sworn or confirmed before a notary public or other authority recognized as an oath taker the affian is the individual who makes the assertion within the declaration affidavits are deemed as hearsay and they are usually admissible in court as a part of the evidence process affidavits are also utilized in item 1 powers of attorney item 2 financial affidavits in domestic relations lawsuits and item 3 wills in probate court as a legal document during court procedures there is a right way to develop an affidavit meanwhile they can be used for a variety of other purposes most affidavits can be completed by any person but they must be notarized before they are considered valid in this course we show you the basic six step process you'll need to produce to complete your affidavit you and enjoy the course so now that you understand what an affidavit is and the parts and the most important this always happened since affidavit does not contain evidentiary statements it is not admissible as evidence in a hearing or should be considered by the court for any purposes and these are usually by the judge or the administrative law judge in child support well i am here to tell you that statement is false it is a due process violation if a judge tells you that your affidavit cannot be accepted in court in fact the rule of law is an affidavit when properly written is accepted in every court whether article 1 or article three as well as this if you get a due process violation as a result of your affidavit being rejected your you could move for your case to be dismissed yes this is an error of judges and in child support they enjoy dismissing your affidavits or in essence they ignore your affidavit they cannot do that that is a due process violation and you can win your case if you can challenge the agency to that now we reach a point where he says the maximum law and that is ignorance of the law is non-defense as i said judges say that well we are going to reject your affidavit or we're not going to accept your affidavit that is wrong and because the judge doesn't know the law you can use that to win your case you can win your case on a due process violation so why is that why are affidavits such strong instrument to learn and strong instruments to write the reason is this it's called the sixth amendment that is the sixth man says you have a right to attend your own trial regardless of how your conduct is or how unruly you is and that's illinois versus allen many judges they'd like to say that you are disrupting the court or are you you're not well i hate to tell them this but you have a constitutional right under the sixth amendment to be in court regardless of your conduct and try to hold you in contempt is also another due process violation so to couple with that access to the court the right to access the court is basic in our system of government and it's well established that it's the fundamental right protected by the constitution and this also is repeated in the case law rylan versus shapiro why is that because an affidavit must be accepted by the clerk of the court they cannot deny it they cannot and if they return it you can use that again against them but an affidavit is one of the most important instrument you could learn to write to submit into your case now when the judge says that we will not accept your affidavit or you're being disruptive in court or you insist on the acceptance of your affidavit they would label you what is called vexatious or belligerent i did a video on this someone who represents themselves cannot be vexatious or label vexatious or belligerent in court because the sixth amendment guarantees this and you can watch that video to get a better understanding of why you cannot be as they call disruptive in court so if you want to learn more we show the video for the effective affidavit you can go to our master class website which is childsupport.newsendler.com also our or audio is found on your favorite podcast that is spotify apple or amazon and again we ask please support us we also ask for your subscription to subscribe to us whether you like or dislike us just subscribe so that we can bring you more information and if we have you know enough people register we will do a course a video on how to defeat motion to dismiss as always if you have any question on this video or the the effects of an affidavit please feel free to write to us at chrish29 protonmail.com and as of course we we encourage you to share the video subscribe to the video as well as understand that we're here to provide you with the information and we want you to share it with others so this brings us to the end of what we call writing a powerful and effective affidavit it is one of the most powerful tool you could learn in order to defeat child support thanks have a great day