Friday, April 3, 2009

Overview of the last 3 years

Timeline: (rough draft)

Lets go back just over the last 3 years or so.

In June 2006, I finally filed for legal sole custody of my daughter. Although I have had it since she was 3 months old and no direct contact with her father. This went uncontested and he had not appeared for the hearing, but his then girlfriend Kim R. (now wife) did. Although she failed to provide her information when asked by the court clerk which party she was presenting for, unknowingly, Kim was speaking to my foster sister, Ann. So, the joke was on her, as Ann already knew who she was. Meanwhile another clerk of the courts brought me out my order signed by the judge prior to any hearing being presented. That was short, sweet and easily done. **This was done pro se in Warren County, NJ.

In June 2006, a bench warrant was issued for contempt of court for failure to pay the court ordered support. At this time, his license was also suspended.

In Sept. 2006, I filed to have my child support decreased to $100/wk as it was $193 at the time (plus arrearage of $42). I did this in an attempt to regulate payments. Eric was unable to be served. So, although I appeared, it was continued. This happened for October and November as well. In November, the hearing officer dismissed it for lack of service. **This motion, also filed pro-se with Warren County, NJ.

In July 2007, Warren County received notice that Eric had obtained residence in Spring Hill, Fl. The case was now to be transferred to Hernando County, Fl. So, in October 2007, I transferred my case to Pennsylvania as that is where I reside. I took a few months so I could find out who he moved down there with, information on businesses his family owned and license details for these businesses. PLEASE NOTE: It is important not to go into any business ranting and raving about your rights as the custodial parent. If I learned one thing, from the beginning it is to DO YOUR HOMEWORK! The more leg work you do, the more validity you have and your case has and the quicker the department representing you can work on your behalf. So be prepared and do as much legwork as possible. DO NOT go in with he said/she said garble. Have documents, proof in writing that can substantiate what you are saying. Most civil and criminal records, divorce decrees, marriage cert., even traffic violations can be found for free online. Even if you have to spend a few bucks, which trust me over the years I have, it is worth it. Do not complain that nothing is getting done on your case if you are not willing to put forth a little effort to get the job done.

In January 2008, after having no response from PA in regard to my case. I began to write letters to The State of Florida Child Support Commissioners Office, Clerks office, State Representatives in my locale as well as his and my case began to receive the attention it was entitled too. Sometimes when working interstate cases, your case can get lost in the shuffle. Be persistent! You know what they say about the squeaky wheel. I began to receive responses almost immediately. Phone calls from Child Support and a game plan was being established. Everyone was getting on the same page.

In March 2008, I started to call Attorney’s in Spring Hill, thinking that if I have an attorney to represent me in that state that I would be better off. They advised me that after all I have done for my case on my own, that there was little more they can do and I was on the right track. They (All 4 Attorney’s I had phone consults with) did however provide me a name and contact in the Florida State Dept of Revenue and explained that once my case was in arrears as high as it was that it is no longer in Child Support but in the hands of the Florida Dept. Of Revenue. I made a phone call and was pleasantly surprised that all I have done were the best, most proactive steps I could have taken. I provided all the details to the office and was assured that it needed just another couple of months and I would see action on my case. Waiting was the hardest part, but I felt confident in this individual.

In May and June of 2008, I did receive 2 lump sums from Income Tax Intercept. That was helpful, but not as though he did it out of the goodness of his heart or the desire to provide for his child. But, I was glad that intercept was set up through child support.

By Mid 2008 Florida did in fact suspend his drivers’ license. They also attached the arrears to all reporting credit boroughs and at one point were able to detach his wages. But, considering he works off the books more than on, that is harder to do. He contested the suspension of his license and they scheduled him for a hearing to prove otherwise. He never showed! He requests a hearing and does not show! So, the suspension goes through.

By September 2008, The State of Florida indicates to PACS that they have located an employer and would be collecting from his employer against his wages. He must have left his job as soon as he knew that they were preparing to take the money as this did not happen. By early December 2008, I had not heard much and little more was done. So, I contacted my local State Representative. Within 24 hours, he was on the phone with the Director of Child Support. He called me with specifics that would be done with my case. She was in touch with Florida and once again, they got the ball rolling.

February 2009 a Contempt hearing is scheduled. Of course, Eric fails to appear. So, a warrant for his arrest is issued. (Mind you, he still has no license, how does he get around?) I hear nothing. So, March 19, I contact Hernando County Sheriff’s Dept, via email. I hear back within an hour. I provide them all the details I have on his current whereabouts as he has moved 3 times in one year (2 evictions). By 4:30 that afternoon after working together, Eric is detained and goes in front of the First Appearance judge on 3/20/09. He is then scheduled to appear 4/2/09 for his contempt hearing. Having been in touch with HCDOR contact and faxed all pertinent details, I know what to expect (this is one of those times when you will not hear what you want to hear, but patience is key. It is better to lose the fight and win the war, if you know what I mean.) Eric has always made multiple claims he is “unable” to work. His only illness is addiction, but he has yet to recognize that. He claims that do to having familial tremors that he is unable to work. While working in the medical field, I worked for a top Nephrology Surgeon who has had familial tremors since the age of 8 years old. A SURGEON, so you tell me!...Anyway, A judge sees his God awful ragged appearance (as seen in his mug shot) and a man shaking and too the untrained eye, you may think something is truly wrong. (But, provide the courts video of activities in daily life and actually working, that changes the playing field altogether!) But, getting back to the claims; he will work for an employer for 2 weeks, maybe a month and then file a bogus workers comp claim, this has happened more times then you can throw pennies in a wishing well. He has filed for social security and disability and has been rejected at approx. 10 times in the last 6 years. He is relentless. He genuinely expects that everyone else will pay for him while he works off the books. Needless to say, at the hearing he is ordered to pay $250 by May 1st, 2009 and remain current on all weekly payments ($206 + $42/arrears wkly). I am confident that he will be arrested by the time the end of May. Hence, lose a fight to win the war.

To be continued….