The Court System is Broken with Prejudice

by Nick
(Orlando)

This is a long story but I know it has mass appeal as many are in my same position. I lost my job 11 months ago and since then I have not been able to find any full time employment. I was making $100k/year and was very fortunate. I was also paying $1,300/month in child support without fail for 7 years and never missed a payment. 2 months after I lost my job, I finally filed for a child support modification because things looked pretty grim for me to find another job anytime soon. That was in August 2009.

Since then, I have battled in court many times to get my child support modified, but the payments continued piling up where today the court says I am now over $15,000 in arrearage and theyve DENIED my request for child support modification AND they say if I dont pay I will have my drivers license suspended. They told me to cash in whatever I have in my IRA i was fortunate enough to have form my previous employer and continue paying child support til its used up! THIS IS UNCONSTITUTIONAL!!!! I currently teach one class at a local Community College and earn $500/month, and I'm about to lose my house to foreclosure or short sale (whichev er comes first) and the courts are telling me to pay $15k in arrearage back to when I lost my job 11 months ago PLUS continue paying 3 times what I earn each month in child support!

The big problem is- the judges! They dont follow the law! Nor do they read what you submit to them, nor do they ever make a ruling. They drag things on and on and this is a shame that i am getting reduced down to being a dead beat dad.

How many other dads out there are having the same problem?

Ive paid over $100,000 in child support in 7 years and I have about 3 years left til my second child is 18, and this judge is assuming that I would give up a high paying job, my house, my health insurance, and everything just to purposely avoid paying the last few years of child support???? This is absurd! How does anyone get the judges to follow the law? There is plenty of legal president and I had an attorney submit a Memorandum of law and its pretty clear what the law is but THESE JUDGES DO NOT FOLLOW THE LAW! Instead, they are prejudced against me.

I need your help blowing the lid off on this broken Orange County Court system.

I need your help and want to get this situation out in the media so others (including me) dont get treated unfairly. All I want is the law to be followed. The assumptions made by these judges is horrendous. Even the Child Support Enforcement Office says if it were up to them they would close the case...but the Domestic Relations Division in Orlange County has their OWN ideas.

Anyone have any ideas for media outlets (TV) I can bring this to?

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CASE DISMISSED WITH PREJUDICE
by: Anonymous

MY HUSBAND OF 20+ YEARS HAS PAID IN FULL ALL MONIES OWED..THE CALIFORNIA DA'S BOOKS ARE NOT UP TO DATE...MY HUSBAND HAS ALL RECEIPTS AND DOCUMENTS THAT ARE NOW YELLOW AND OLD.CALIF SENT THE CASE TO NEVADA TO BE HEARD FROM A NV JUDGE, WE LIVE IN NV. THE EX WIFE HAD THE NV DA REPRESENT HER FOR FREE. ONCE AGAIN WE HAD TO PAY FOR A LAWYER.THE CASE WAS HEARD THE JUDGE DECIDED THAT THE CASE WAS DISMISSED WITH PREJUDICE.THE EX WIFE WENT BACK TO CA DA REFILLED PAPERS UNDER HER MAIDEN NAME.MY HUSBAND'S SON ARE 39 AND 41 THIS YEAR. GKIDS ARE GROWN.MY HUSBAND JUST STARTED TO COLLECT SOCIAL SECURITY AT 67 YEARS OLD. SOCIAL SECURITY HAS SENT PAPERS SAYING THEY WILL BE TAKING OUT $500 CHILD SUPPORT. CALIF DA WILL NOT HONOR NEVADA'S RULING.LIKE WE HAVE MONEY FOR ANOTHER LAWYER..SO SAD..NEED HELP RETIRED..

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Dear C
by: Anonymous

The only thing that worked for me is I had to start over again with a new Supp. petition and then i got a new Judge since they rotate them out every 1-2 years.

As far as the driver license, here in Fl as long as you have a job and can get the pay auto. deducted for child support, they can't take your license away (or in your case it should be reinstated). Have him reapply for the license, but you probably need to first advise the CS office and they can get you something where the DL office will reinstate the license.

It's a tough situation to be in. After 3 years I'm STILL only working part time at 3 jobs, but at least my CS is manageable.

Keep reapplying for a mod. And there should be a self-help office in your court house. Also a web site for all the forms you need. Just keep trying, but above all, if you can demonstrate you have been paying some CS, that will help.

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For Nick
by: Frustrated

Nick,

My boyfriend is in the same boat as you!! He has been unemployed for 2 years now. He works odd jobs when he can (no license, no car-thanks to the State!) We have requested through Child Support Enforcement to have his payments modified for almost 2 years with no luck. I need some serious advice on how to handle this ourselves. Unfortunately, due to his not being able to pay the high dollar amount that the courts want him to pay, he was put in jail this week. :(

There has to be a way to handle all of this without an attorney since we can't afford one. This is destroying a really good man!!

Any advice ANYONE can give would be greatly appreciated.

-C

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The system is exactly what our founding fathers were trying to get rid of.
by: Anonymous

I have found, that the person with the high dollar attorney is the one who wins the case. Being honest in court doesn't pay. i was working, fresh out of college and I lost my job the same day as the final hearing. So, the judge goes and determines that I have enough income, so the louse (the ex) only has to pay $105 a month in child support for two children. I was a victim of abuse, and I loved my husband, and I tried to get him professional help. Was I rewarded for being a good and faithful and conscientious wife and mother of 13 years? NO! Meanwhile, he hooks up with a convicted felon for child abuse, and commits bigamy. Does anyone care about this breech of law? NO! He is ordered to pay $1100 a month, so what does his pay when he knows I just lost my job? He decides that paying me $135 a month is enough. In addition, as far as arrears goes, I've been screwed out of both back child support and back QDRO (military pension).
He leaves the kids and I without a dime, in a sink hole home, won't talk to anyone, and then claims I tried to alienate the children.

So, today, he tells our daughter, that if she won't follow the new court order for him to have her for two weeks, with the felon girlfriend, he'll call the Sheriff and have me thrown in jail and her dragged out to his car. So now she is scared to death.. so now.. most likely, I'll be in contempt because she is afraid to go and be alone with his felon girlfriend. Oh, she told the kids, she beat her three year old almost to death.

Can I find an attorney to help me? To help me get a retrial? NO! So yeah... the Constitution wasn't supposed to be something that discriminated based on need. Yes, the system is a mess. When the kids are 18.. I'm gonna disappear from Fl.

Oh and the way the female judge flirts with the male attorney my husband can afford, you'd think she was a teenager.

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qitting your job to avoid child support
by: Anonymous

wow, well who is paying for the kids. if you lose your job, you do everything you can to get another one at the same pay you lost it. who is paying for the kids., i ask. well of course, if a father loses his job and thinks oh well i cant afford to pay child support. WAKE UP, someone has to take care of your children, and well if it isnt you of course is the mother. i can only say COWARD. Any man that quits his job to avoid paying child support, especsially if he makes good money is called a coward. thats it. and unfortunately your children suffer for it. think about, who pays for the kids. if the mother isnt making it and she takes care of the kids full time and you say what. oh i lost my job. MOST MEN I CALL THEM MEN TAKE CARE OF THEIR KIDS NO MATTER WHAT. EX-WIFE, COURT, IT DOES NOT MATTER. they still need to be taken care of.

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System still messed up
by: Nick (author)

6 months after I got a court order modifying (reducing) my child support, the State records are STILL not corrected. The FL Dept. Of Rev. Has been sending me letters saying I'm in arrears cause they have the wrong amount STILL in their system. For 6 months I have called, and sent/ extra copies of my modification (certified mail) but they STILL can't get their records straight. So whenever I was fortunate enough to be making enough money., they were putting me in arrears even though eloyers were deducting the right amount. Then the State sends out income deduction orders for my 3 employers telling them to deduct the OLD amount ( which is double the new amount). After sending/faxing in 4 different copies of the new order, I finally had to go in person to see if they can get it right. A couple weeks later, they send out a new IDO with the right amount. Fine right? NOT FOR LONG!

1 month later the State sends put ANOTHER IDO with the OLD amount again!! WTF? I immediately called and they said that another letter went out since then with the correct amount. This is so messed up.

Now, because I have 3 employers, EACH ONE is deducting the amount ordered, or 50%, whichever is less. So I am double paying. They said once they see that I'm overpaying, they will do stop deductions for 2 of the employers. So because of their error, I'm the one who has to suffer til THEY feel I've overpaid enough

I wonder what's next. The good thing is, I got 10 months left on my son, and my daughter is not far behind.

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Fuck the System !
by: Anonymous

The child support system is fucked up !.

I would suggest a few things to think about.

its an extremely political arena, and these faggot ass money hungry politicians don't give a fuck about the people in this country. The majority of these people in office or on the "bench" as judges don't have kids nor do they care about anything but themselves, even in other cases unrelated to child support. This system is designed for people to fail from the start. so here is what I suggest.

1).write a letter to your congressman and file a complaint against the judge, or the department of justice.

remember the united states is crooked as fuck in ALL areas of gov so you may have problem's with that.

2).contact your local media and form a rally, I mean a really heavy ass rally with thousands of people. strength is in numbers !!. force the gov hand to get rid of that judge.

3). form a conspiracy, set that judge up and have his ass fired.

4). write a letter to the judge and have it notarized. cc congress AND make 20 - 50,000 copies of that letter. send that letter to the judge once a day until it gets attention.

5). if you know ANY police officers in your district, have them hand deliver your letter to the judge.

6). find out what the judges whole name is, file charges of "obstruction of justice" against the judge in FEDERAL COURT



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Wow
by: Nick-Orlando

Wow Mary. That's crazy. There should be no such thing as a debtors prison. There has GOT to be a way for him to get public assistance (public defender or free legal aid for indigents, etc). What they are doing is in violation of federal laws- I'm sure there are many supreme court cases and appellate cases that basically show that there can be no debtors prison.

Good luck

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Help!
by: Brittant

Okay, so i am in tenth grade and i am having to write an argument on whether or not i agree if the court system has prejudice in it, and i would very much like to use your experience, but i have a couple questions. How would you say they are prejudice against you? What type of prejudice is it? Please respond soon(: via email, (brittrenee@ymail.com) or on here.

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Finally
by: Nick, Orlando

Scooter- if you have proof then I'm sure you can get it straightened out.

On a good note- I started over with a new Supp. petition using the same arguments. This time I had a new judge and my Modification of Child Support was granted! No problem.

Better late than never, but this should have happened 2 years ago.

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The Court System is Broken with Prejudice
by: Mary

Nick

I know exactly what you are going through. My boyfriend is going through the same thing in El Paso, Texas. What you are describing is the same nightmare he is going through. He doen't earn anywhere near what you were earning but is responsible for $1,300.00 a month in child support. He was unemployed, employed, unemployed and did not ask to get the child support reduced, it added up and he was thrown in jail this past December. He is still in jail. They gave him 6 mos jail time for each month he was behind (7months) for a total of 42 months jail time or until he pays the $15,000 cash bond the judge imposed on him. He does not have that money, no job and is still in custody and the child support keeps accruing. No money for an attorney. I totally understand your frustration. He is not unwilling to pay child support either, based on what he is actually earning.

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Still Paying
by: Skooter

Payed off my support in 1985 to ohio when son turned 18. In 1999 Ohio sends me a letter in Florida saying I owe $17000 in back support and and had a court date which was in 2 days. Needless to say I could not make it on such short notice. I called and told them I was payed up and had the recipe. The court told me that they were going by what the support office papers said. And I have been paying ever since. Can't win for losing.

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Appeal
by: Nick- Orlando

I filed an appeal and LOST!! Appellate Court gave no opinion. Just that the Final Judgement was affirmed. Back to the old drawing board. I will try submitting a new Suppl. Petition.

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TN is no better
by: Jim

When I got divorced I couldn't afford an attorney and got the screws. I attempted to have th order modified when my income dropped in half for over a year. I had mine and the ex's W-2 forms, a solid case all around...or so I thought. DA said flat out the judge rejects 18 out of 20 requests. Meanwhile 3 years later 20K in arrears, payments for one child at 1k a month, no job and the only attorney I can afford is a dick. He's been paid for a year, yet hardly done a dang thing but I am too broke to get a decent lawyer. The system is weighed against non-custodial parents, and trying to get a modification is near impossible. I am surprised that more people have not snapped and shot people or places up out of frustration. Oh yeah, I forgot to mention I am also in bankruptcy proceedings!

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Nevada Is The Same
by: Paul Katsimbras

Please contact me. I am having the same problem in Reno Nv. The problem is nation wide. We as men have to start fighting for our rights. we must make the states listen to us and understand the devistation they are causing. Men who are homeless, families being torn apart. Job losses.

I was just handed my ass in court yeserday. No regard for my life, my home, my wife and stepdaughter. Who by the way has a father who has not paid a dime in 3 years. The court wants me in jail. bull4307@yahoo.com

I have lost my license and was told to get two or three jobs to pay my support, which with arrears and intrest is 703.60 per month. 43.9 percent of my income.

Paul

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OMG this is out of hand
by: Paul Katsimbras

Okay so I am in Reno, NV. We are all getting screwed, bad. I am 33,000.00 behind. I have never run, hidden assets. I make 1600.00 a month. Half of waht i was making before the economy tanked. I took a hour reduction over loosing my job. I am remarried and have a step daughter who is 12. (her dad now, is a dead beat). I was ordered to pay 703.60 per month. I asked for a modification and was told flat out...NO. We where forced to move back in February due to the owners of our rental being forclosed on. I had no money, so I sold my 1985 corvette for 3000.00. I have had my license suspened since November of 09. I am now told at the latest hearing that I still have to pay her 703.60 a month..... and that I should have given her half the money from the sale of the car. So, now I have to come up with 1500.00 by the 15th of July, or I am heading to jail for 14 days. I explained to the judge it was impossible. He told me that I should go get one or two more jobs to pay her. That if I did not pay what I am orderd, he will issue a bench warrent for my arrest. So much for following the law. Nevada law states that 18 percent is for 1 child. Do the math. 1600.00 per month. 703.60 in child support..... 43.9 percent. WE NEED TO BE HEARD. WE NEED THE COUNTRY TO KNOW WE WON'T STAND FOR THIS.

Mean time. Her Husband (who she cheated with for over a year and left me christmas night while I was in a wheel chair after an accident) for. Makes 200,000.00 a year. The go to Cabo 2 or 3 times a year. Just bought a brand 2009 Yukon off of ebay for CASH. Bought two new jet ski's a camping trailer and own two houses. Reno and Concord CA. The enter into Poker tournaments, Black Jack tournaments. He is considered a level 1 Comp at the casino's. My daughter goes to a private school at the cost of 500.00 a month.

I can't pay my bills. I am a mechanic by trade and run heavy equipment. There is no work. My daughter will be 18 in about 16 months. The judge thingks I am not working and suffering with nothing to avoid paying. Well, had a bad tooth I could not afford to have pulled. I ended up in the ER and then in the hospital with an infection that almost killed me. Now I have a 12,936.00 bill to pay. I wanted that???? No insurance? No Life. We need to get something going and get fathers to wake up and start fighting this Or we are all headed for jail... bull4307@yahoo.com

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Wow
by: Nick

That sucks man. You will get proper justice eventually..it just sucks that we have ot go thru all this cause the courts are prejudiced against men.

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my flight with social services
by: Anonymous

well i have one no one mentioned. i have 2 children by 1 woman never married i have supported the children all there little lives,,one is 7 teh other 4..i was a trucker who had to stay home most of the time because of the drug habit she had and teh slitting of the wrists ..one day after i paid all the bills out teh door she threw me..with nothing i asked for nothing but to see my little kids 6 weeks later i get a pic via internet of her in a weddding dress and my kids at the wedding ..well needless to say it laster about 3 months..then i wasn t allowed to see the kids unless i bought her a car which my mom bought a used one ..still no visits mind u i have already been to court with 3 diffrent lawyers who sucked me dry and got no results..so i moved back to new york from ohio..low and behold xmas came and i got the phone calls so i wanted my kids to have xmas so out we sent the presents..the i get a letter from support that i have to go to ohio court i missed date so teh child support took her word i make over 60,000 a yr and now the judge just signs it..985 a month so i find out she had a piece of paper where she said i applied for apt anf put i make 60,000 plus i show my income tax i haven t made over 25,000 at any yr ..its beeen 3 yrs we are still fighting ohio to get a court hearing i started making 400 a month payments haven t missed i buy all clothes and toys and when i see them i have to go get them cost about 500 to get them and bring them back..a piece of paper that she produced and they jsut ruin yiour life if not for my mom i d be in jail..i finally got a date for july 23 via phone ..i know she gets food stamps public assistance she weights about 300 lbs now and is going to school to be paralegal who is gonna hire her she wears jogging pants and mens sneakers but at least i make sure my kids are fed and clothed she now has my 7yr old daughter on ritilan so she doesn t have to deral with with her all i have to say is oink oink

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Fighting This
by: Nick

The only way I can fight this is to file an APPEAL with the 5th DCA in FL. I have to do this alone cause I cant afford an attorney and cant find one to help me pro bono. Any suggestions?

Too bad I admitted in court I had a 401(k)...I woulda been better off lying about it and they probl. would have not investigated into it.

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Thanks
by: Anonymous

Thanks to Bexar Co., TX. My mistake was admitting in the first place I had a 401(k)...now thats all my Ex wants, and the Judges do NOT even follow their own laws.they are basing their denial on their OPINION that I am voluntarily unemployed! UNBELIEVABLE! This was nev er even proven in court and the Magistrate simply took it upon herself to make that judgement and the regular judge would NOT over rule the Magistrate...so now my plan is to find some legal aid for indigent people and file an APPEAL in the DCA. Surely the DCA will be able to use the law to reverse the Courts decision.

Now I have to fight an Order to suspend my driver's license. What an uphill battle!! My ex writes a letter to the Judge full of lies, of course, making it sound like shes homeless and pathetic, and next week tehy send an Order to suspend my license until I cash in my 40a(k) and pay child support til its used up.

Wow- great system./

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not any better in Bexar county Texas
by: Anonymous

You are right. The judges make their own rules. I would say . That you are getting screwed just as most men are getting and they dont even enjoy it. ha ha. Serously from my own experence. Cash out your IRA and keep it in cash . Dont have any checking account because they can go get it. Cash is the only way to keep what you have. Dont let them know you have any. Dont have any assets in your name . The arrearages will attached with interest and it will exployed. I have already been their.Get rid of any boats, motorcycles, Property other than your home.Dont keep any ira or 401k. Live only on cash basis. Trust me if you dont you will be sorry. Good luck buddy. We are getting the shaft. You are not alone in this sitution it is all over the country.

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