CSIF Comprehensive Filing & Service Guide

(2026 Edition)
Detailed Instructions for Filing, Serving, and Using Each Affidavit and Notice
(Expanded and Reinforced With Constitutional Principles and Filing Best Practices)

This guide explains how, where, and why each CSIF affidavit, notice, or legal instrument is
used.
It includes step-by-step procedures, service instructions, and strategic purpose behind each
document.

I. DO NOT CONSENT / CUSTODY

AFFIDAVIT
Purpose:

This affidavit is used only for custody or visitation matters—not child support hearings. It places
the court on notice that:

 You are appearing by Special Appearance Only

 You do not consent to any administrative or judicial overreach
 You invoke your natural-parent rights
 You object to being assigned a “non-custodial” status
 You demand the court prove jurisdiction

How It Is Used:

 Use this when you receive a custody summons, modification notice, or any request
involving parenting time.
 It frames the entire case around your constitutional parental rights before any orders
are made.

How to Serve:

 Send via Registered Mail to the child support office or family court administrative office
for your case.
 Keep the receipt, tracking number, and proof of delivery.
 Always keep a duplicate copy for your records.

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II. SPECIAL APPEARANCE / DEMAND
FOR DISMISSAL
Purpose:

This affidavit is used in Child Support Court, not custody court.

It allows you to:

 Appear without waiving rights

 Challenge jurisdiction
 Demand dismissal if the state cannot prove lawful authority
 Prevent the court from assuming general appearance
 Set the foundation to overturn improper orders

How to File:

 File directly with the Clerk of Court for the child support case.
 Provide 1 original + 3 copies:
o 1 for the court file
o 1 stamped copy for you
o 1 for the child support agency
o 1 for the opposing party (if any)

Why It Matters:

This document protects you from:

 “automatic” administrative judgments

 unlawful IV-D actions
 jurisdiction being assumed by silence

III. DRIVER LICENSE RESTORATION

AFFIDAVIT
Purpose:

Used when your driver's license was suspended solely due to child support.
You assert:

 Federal due process violations

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  No ability-to-pay determination
 Unlawful administrative enforcement
 Violations of the DOJ Dear Colleague Letter (2023)

Where to Send:

 DMV Headquarters (not local DMV)

 Child Support Agency handling your case
 Include a copy of the DOJ Dear Colleague Letter

How to Send:

 Send via Registered Mail

 Keep proof of mailing and delivery

IV. PASSPORT RESTORATION

AFFIDAVIT
Purpose:

Used when your U.S. Passport was:

 denied,
 restricted, or
 revoked

due to alleged child support arrears.

The affidavit asserts:

 No proper notice (42 U.S.C. § 654(31))

 No ability-to-pay determination (Turner v. Rogers)
 Violations of due process (Mullane v. Central Hanover Bank)
 Violations of federal administrative law
 Unlawful certification procedures

Where to Send:

 U.S. Passport Agency Headquarters (New Hampshire)

 Child Support Office overseeing your case
 Include the DOJ Dear Colleague Letter

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How to Send:

 ALWAYS via Registered Mail – Return Receipt Requested

V. NO CONTEMPT / NO
INCARCERATION AFFIDAVIT
Purpose:

Filed when child support court attempts to:

 threaten incarceration,
 issue contempt orders,
 claim “willful nonpayment,”
 or demand payment without proof.

This affidavit blocks incarceration by asserting:

 No finding of ability to pay (Turner v. Rogers)

 No due process (Goldberg v. Kelly)
 Improper administrative-judicial blending (Youngstown, Stern)
 No jurisdiction (Steel Co.)
 No valid underlying order

Where to File:

 Directly with the Clerk in the courthouse where the hearing is scheduled.

VI. NOTICE OF DEFAULT AFFIDAVIT

Purpose:

Used when ANY agency or party fails to respond to your:

 Notice to Cure
 Demand for Jurisdiction
 Demand for Evidence
 Notice of Intent
 Administrative Challenge

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This affidavit establishes:

 They had notice

 They failed to respond
 Their silence = tacit admission (Gainey)
 Their failure to rebut = acceptance (Chambers)
 Their defenses are forfeited (Finn)

Where to Use:

Against:

 DMV
 Passport Agency
 Child Support Services
 Credit Bureaus
 Any government office
 Any employer or third party
 Any clerk who ignored filings

You customize the default with:

 Agency name
 Address
 Case details
 Facts they ignored
 Their failures to respond

How to Send:

 Via Registered Mail

 With full documentation of prior notices

VII. COLOR OF LAW NOTICE

Purpose:

Filed in child support court when:

 Judge is not impartial

 Judge is acting administratively
 Judge refuses evidence
 Judge is participating in IV-D enforcement

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  Judge violates due process or federal law
 Judge ignores Supreme Court precedent

The notice cites:

 18 U.S.C. § 242 (Deprivation of Rights)

 42 U.S.C. § 1983 (Civil Rights Violation)
 Judicial misconduct standards

Where to File:

 Directly with the Clerk in your child support court

VIII. UN-CONSENT, SET ASIDE, AND

DISMISSAL AFFIDAVIT
Purpose:

Used when you want the court to:

 Undo an improper child support order

 Set aside administrative hearings done without jurisdiction
 Remove orders entered without due process
 Stop future enforcement

This affidavit asserts:

 No consent
 No voluntary appearance
 No waiver
 Fraud, duress, or coercion
 Jurisdictional defects (Kalb, Cotton)

Where to File:

 File with the Clerk of the child support court

IX. NATURE AND CAUSE AFFIDAVIT

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Purpose:

Used to force the court to produce:

 Nature of the action

 Cause of the action
 Statutory authority
 Jurisdiction
 Identity of the complainant
 Source of authority
 Proof of process

This affidavit is grounded in:

 Mullane v. Central Hanover Bank

 Goldberg v. Kelly
 In re Oliver

Where to File:

 Directly with the Clerk of the court

X. FILING INSTRUCTIONS FOR ALL

DOCUMENTS (MANDATORY
PROCEDURE)
Every time you file a CSIF document with the Clerk:

You Must Have:

1. One original
2. Three copies
o One for the court’s official file
o One for your personal record (stamped)
o One served on Child Support
o One served on the opposing party (if required)

You Must:

 Ask the Clerk to stamp all copies

 Keep your stamped copy in your evidence binder

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  Mail the other copies via Registered Mail
 Save the tracking numbers for proof

This is essential for:

 Default procedures
 Appeals
 Federal claims
 Motions to set aside
 Civil rights complaints

XI. CEASE AND DESIST NOTICE (NEW

EXPANDED SECTION)
Purpose:

A Cease & Desist Notice formally instructs a government agency, employer, third-party
collector, or administrative office to immediately discontinue unlawful actions taken without
jurisdiction, without due process, or in violation of your constitutional rights.

Use this in situations involving:

 Unlawful wage garnishment

 Unlawful driver’s license suspension
 Unlawful passport denial
 Harassment or coercion by child support agencies
 False credit reporting (Miller v. TransUnion)
 IV-D administrative abuse
 Unauthorized enforcement actions

Legal Authority Supporting Cease & Desist:

1. Due Process Requirement – Supreme Court

Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)
No agency may deprive you of property or liberty without notice + meaningful opportunity to be
heard.

2. Property Cannot Be Seized Without Judicial Due Process

Sniadach v. Family Finance Corp., 395 U.S. 337 (1969)
Wage garnishments without judicial oversight are unconstitutional.

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3. Administrative Determinations Cannot Remove Rights
Goldberg v. Kelly, 397 U.S. 254 (1970)
Administrative agencies cannot cut off benefits or rights without full due process.

4. Agencies Cannot Override Constitutional Protections

Marbury v. Madison, 5 U.S. 137 (1803)
Any act repugnant to the Constitution is void.

How to Serve:

 Send via Certified or Registered Mail

 Keep green card, tracking, and photocopies
 Serve employer AND child support agency if garnishment is involved

XII. NOTICE TO CLERK TO PERFORM

MINISTERIAL DUTIES (NEW EXPANDED
SECTION)
Purpose:

This Notice prevents clerks from:

 refusing filings
 altering filings
 “reviewing” filings
 obstructing filings
 practicing law
 refusing to stamp documents
 withholding certified copies
 sending filings to child support before being docketed

Legal Authority:

1. Clerk Must Perform Mandatory Duties

Marbury v. Madison, 5 U.S. 137 (1803)
Ministerial officers have no discretion to ignore legal duties.

2. Clerks Cannot Block Filings

Ex parte Hull, 312 U.S. 546 (1941)
Clerks cannot screen, reject, or refuse judicial filings.

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3. States Must Honor Federal Rights
Howlett v. Rose, 496 U.S. 356 (1990)
State officers must enforce federal law as written.

4. Blocking Access Violates Due Process

Burns v. Ohio, 360 U.S. 252 (1959)
Procedural obstacles cannot block access to court.

What the Notice Requires the Clerk to Do:

 Accept the filing immediately

 Stamp all copies
 File documents as submitted
 Issue certified/stamped copies
 Place documents in the record
 Do not evaluate or interpret filings
 Do not give legal advice
 Do not redirect filings to agencies

Use this Notice whenever a clerk attempts to obstruct filings or refuses to stamp and docket
documents.

XIII. SEPARATION OF POWERS

CHALLENGE (NEW SECTION)
Purpose:

This section asserts that child support agencies and IV-D administrative units cannot exercise
judicial power, and courts cannot act as enforcement arms of executive agencies.

Legal Authority:

1. Separation of Powers Doctrine

The Constitution divides government power into:

 Legislative
 Executive
 Judicial

Each branch is forbidden from exercising powers of another.

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2. Fundamental Separation Principles
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
Executive agencies cannot exercise judicial power.

3. Judicial Power Cannot Be Delegated to Agencies

Stern v. Marshall, 564 U.S. 462 (2011)
Agencies cannot perform judicial functions without violating Article III.

4. Administrative Officers Cannot Issue Binding Court Orders

Crowell v. Benson, 285 U.S. 22 (1932)
Administrative determinations require judicial review before deprivation of rights.

How This Applies to Child Support (IV-D):

 IV-D is an executive agency, not a judicial body.

 IV-D cannot issue orders, judgments, or garnishments.
 Court orders based solely on IV-D “findings” are unconstitutional.
 Judges cannot act as collection officers for executive agencies.

Use this section in any affidavit challenging:

 IV-D orders
 administrative “hearings”
 ex parte child support judgments
 garnishments issued by child support workers

XIV. DEMAND FOR DEFAULT

JUDGMENT (NEW SECTION)
Purpose:

This section is used after an agency, clerk, or opposing party fails to respond to:

 Notice to Cure
 Demand for Jurisdiction
 Notice to Produce
 Affidavit of Non-Consent
 Cease & Desist
 Passport/driver license notices
 Credit reporting challenge
 Administrative demand letters

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Legal Authority:

1. Unrebutted Facts Stand as True

Chambers v. Mississippi, 410 U.S. 284 (1973)

2. Silence = Admission
United States v. Gainey, 380 U.S. 63 (1965)

3. Defenses Are Forfeited When a Party Fails to Respond

American Fire & Casualty v. Finn, 341 U.S. 6 (1951)

4. Void Judgments Can Be Challenged at Any Time

United States v. Cotton, 535 U.S. 625 (2002)

5. Courts Must Decide Jurisdiction First

Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998)

What This Section Does:

 Establishes that the agency defaulted

 Demands the court enter default
 Blocks future claims
 Allows dismissal with prejudice

Procedure:

1. Attach proof of mailing and deadlines.

2. State the failures to respond.
3. Assert that all statements stand as true.
4. Demand entry of default judgment.
5. Demand dismissal of the action.

This is used to close out any case where agencies ignored your lawful notices.

XV. SERVICE INSTRUCTIONS

(MANDATORY)
Always serve documents using:

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✔ Registered Mail
✔ Certified Mail
✔ Return Receipt
✔ Tracking
✔ Photocopies
✔ Screenshots of tracking updates

Every service is evidence of:

 Notice
 Due process
 Opportunity to respond
 Validity of your claims

XVI. CSIF Filing & Service Guide – Credit

Report Child Support Removal
Notarizing, Filing, and Mailing Instructions

1. Notarization (Recommended)

Before sending your Child Support Credit Restoration Affidavit or Notice of Deletion Demand:

 Sign the affidavit in front of a notary public

 Bring a valid ID
 Ensure the notary stamps and signs each page that requires verification
 Keep one notarized original for your records
 Make two additional copies—one for mailing, one for court filing (optional)

Notarization strengthens the affidavit by creating a sworn, legally recognized document.

2. Filing With the Clerk of the Court (Optional, but Strongly Recommended)

You may file the Child Support Credit Restoration Affidavit with your local courthouse to create
an official court record.

Steps:

1. Bring the notarized original + 3 copies

2. Ask the clerk to file-stamp all copies

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 3. Leave the original in the court file
4. Keep one stamped copy
5. Send a stamped copy to the child support agency or state IV-D office if desired

Why file?

 It creates a permanent court record

 It shows you served notice and acted in good faith
 It strengthens future disputes, CFPB complaints, and lawsuits
 It documents that you invoked your rights and challenged unlawful reporting

3. Certified Mail to the Credit Bureaus (Optional, but Highly Recommended)

To protect yourself and establish a legal paper trail, send your notarized affidavit via Certified
Mail (or Registered Mail) to:

 TransUnion
 Experian
 Equifax
 Any furnisher reporting child support (optional)

Include:

 A copy of the affidavit

 Copy of your ID
 Social Security number
 Proof of address (utility bill)

Why send certified?

 Creates official proof of delivery

 Establishes a record for your Notice of Default
 Required for escalation to the CFPB
 Places the bureaus on federal notice that you are asserting your statutory rights

Keep:

 USPS receipt
 Tracking number
 Delivery confirmation
 A photocopy of the entire mailing packet

These documents become evidence if a bureau fails to delete the unlawful child support entry.

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XVII. RECORDKEEPING SYSTEM
(MANDATORY)
Your binder (physical or digital) must include:

 All stamped filings

 All mail receipts
 All green cards
 All USPS tracking printouts
 Copies of every affidavit and notice
 Your timeline
 Every response or non-response
 All exhibits

This protects you later when challenging:

 Contempt
 License suspension
 Passport denial
 Administrative orders
 Default
 Damages claims

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