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Post by Harrison on Aug 12, 2010 12:58:03 GMT -5
I think asinine fits this case to a T. Hopefully B. got his motion for summery judgement filed. It's hard to believe the ex can just blow off court orders and summons with out a contempt charge or any repercussions at all. I'll bet she makes it to the bank on time when the CS check comes in.
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Post by presumeddad on Aug 14, 2010 3:51:10 GMT -5
Well yet another wasted day in the court room. I simply am at my wits end. I couldn't believe this one!!! The mother ONCE AGAIN was a NO SHOW!! The statement the judge had made last time "If she does not show it will be a default judgment" did not happen. When I reminded him that he had stated that at the last hearing he became upset. Harrison, The motion was pretty much just blew off didn't want to go there at all. Instead he(judge) and the GAL decided that I would be granted custody of said child for a 24 hour period and use that time to take the child to get a DNA sample. How freaking ass a nine is that!!!!!!!!!! This child has never seen me, so you think he is going to want to go for a ride with me and a sheriff to go get poked with a needle??> also this DNA testis not that simple!! I first must take $180.00 to the GAL's office for the test(My income is only $230.00 per week after my so called child support is taken) I must locate where the child will be on a tuesday between 10am-1pm. because that is when the test can be performed. The GAL told the judge how hard it was to find her and how she kept hiding from her. That appointed task is nearly impossible to accomplish!!! I believe someone was in fear that this case was nearing an end and that they knew I wouldn't be able to do that task and therefore the case would stay alive and the garnishments would continue. I tried to tell the judge how my family once lived in a nice home until he came into our lives, stole all of our money and forced us to now live out of a camp trailer. I added that he is really tearing up the life of a 15 year old daughter who already has gone through enough over her mothers issues. He could give a shit less. This has got to be a criminal case by now!!!!!! They are stealing my money( stealing is taking something from someone that does not belong to you!!) and stealing is a crime with harsh punishments!!!!! Why is the ex not in jail for 13 contempt of court charges!!!!!!!!! I wanted to ask him what would have happened had I not showed up to court today! but did not I just don't believe this can truly happen!!!!!!
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Post by Harrison on Aug 14, 2010 13:36:55 GMT -5
Happy birthday B. !?!?!! It is criminal!!!!, but that hardly matters when they're above the law. That's what I thought would happen as far as the DNA test being ordered but how the hell is it your responsibility to take the kid any place. Hmmmm...... Ok, Lets flip this nasty flap jack!! About the only thing you can do is make arrangements with the ex to pick up her and the kid and go take the DNA test (it's usually just a cheek swab, no pain at all). Tell her if she does not fallow this court order (have a copy for her) that you will have no other choice and will be filing criminal contempt charges Wed. and she could lose her baby due to incarceration. If she then doesn't comply with the order you'll be able to file parental interference charges a class C felony and I'm sure there are other charges that would go along with interfering with a courts finding of facts. Berta, Jim any ideas?
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Post by Jim on Aug 15, 2010 9:12:59 GMT -5
This is beyond ridiculous! How can the Judge even write an order like this without the mother present? The judge took the easy way out and left everything active and open as in day one, this judge is a complete idiot. Harrison is right, you must attempt to get the mother and child to comply with the order (is there an actual written order?) and RECORD EVERYTHING! There must be lawsuits filed to, not sure how and who to target, but other courts need to be drawn into this one for sure. This is totally criminal.
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Post by Harrison on Aug 15, 2010 10:52:50 GMT -5
RCW 26.26.425 Costs of genetic testing.
(1) Subject to assessment of costs under RCW 26.26.500 through 26.26.630, the cost of initial genetic testing must be advanced:
(a) By a support enforcement agency in a proceeding in which the support enforcement agency is providing services;
(b) By the individual who made the request;
(c) As agreed by the parties; or
(d) As ordered by the court.
(2) In cases in which the cost is advanced by the support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
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Post by Harrison on Aug 15, 2010 10:58:27 GMT -5
RCW 26.26.435 Genetic testing when specimen not available.
(1) If a genetic testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, a court may order the following individuals to submit specimens for genetic testing:
(a) The parents of the man;
(b) Brothers and sisters of the man;
(c) Other children of the man and their mothers; and
(d) Other relatives of the man necessary to complete genetic testing.
(2) If a specimen from the mother of a child is not available for genetic testing, the court may order genetic testing to proceed without a specimen from the mother.
(3) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested
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Post by Harrison on Aug 15, 2010 11:10:00 GMT -5
RCW 26.26.575 Proceeding to adjudicate parentage — Consequences of declining genetic testing.
(1) An order for genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined declines to submit to genetic testing as ordered by the court, the court may on that basis adjudicate parentage contrary to the position of that individual.
(3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
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Post by Harrison on Aug 15, 2010 15:10:31 GMT -5
Hey B. Here a few laws you may find useful in the near future. You can't afford $180 out of a weeks pay. So it's an impossible task, but more over the law states that in a case where support enforcement is providing service they are to pick up the bill. HELL yes they will try to bill you for it, but it'll keep you in compliance with the law and the order, that's more than the judge. I would go talk to the GAL asap and tell her you can't comply due to financial difficulty and under RCW 26.26.425 support enforce is financial obligated for the cost of testing at this point. She should be able to fix you up in one or two calls.
Jim, The court is doing what the law calls for, finally, but they're doing it one step at a time. I think after B.s' 9th or 10th trip to court they caught on that he isn't going away, so they're going to make him earn every ounce of justice. If the ex didn't show at court, my guess is she going to dodge that test as if it were the plague. Why not the CS money is more than welfare and after 13 hearings without any charges of contempt against her.? 26.26.575(2) may be of more use than the contempt charge because it should should bring a default judgement. The courts have ordered a GAL (required by statue), on more than one occasion ordered the required genetic testing and still not. At that point a motion for summery judgement including this statue and facts already in evidence is your move. If the shoe were on the other foot..........any man would be on the hook. DON'T YOU DARE NOT SHOW AT A HEARING!!!!!! You'll find out just how fast a summery judgement of default will be filed and I'm absolutely sure you won't like that fall-out, and we'll be talking about support modification and such. JIM"S WORDS SHOULD BE CARVED IN STONE!!!!!! record everything!!! We have talked about that. I would ask the GAL to go with you to get the kid, it is her legal responsibility to make sure that kid is were it's been court ordered. Not much better witness than that. So if the ex complies with the order or she doesn't that wanna be judge will owe you a judgement, if he doesn't it's time to start up the ladder, cause this kangaroo court isn't going to fallow the law and god knows how long they will jerk you around.
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Post by Jim on Aug 17, 2010 10:01:35 GMT -5
Have all of these hearings been recorded by a court reporter? Without transcripts none of this can be appealed or there will also be no evidence if a lawsuit were to be filed against the state or even this judge. Just wondering. Also, there is no reason for this judge to give a shit about you or your daughter, it is not his problem and although it should be his problem, bringing it up in court will not really help matters, if the GAL brought it up it will have alot more weight than an insect father bringing it up. Insects are all we are to these gods in robes. I feel your right about this Harrison and even though this judge is making him jump through hoops beyond reason, the judge is even finally being backed in a corner to make a judgement regardless. If nothings recorded though the judge really doesn't have to do anything, as there is no evidence of his hearings to show the appeals court any wrong-doing. Hopefully he will do something at the next hearing.
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Post by Harrison on Aug 17, 2010 12:13:12 GMT -5
Jim your absolutely right! B. you can get a recording of all your hearings on a CD for 10 - 20 dollars. The CD it's self isn't admissible but you can have the parts of the recording transcribed instead of paying for all 13 hearings. Lord knows what they are charging per page now. All WA courts are recorded by a special system (don't remember it's name) from truancy to supreme court, doesn't mean they can't screw with it. I'll give you a call after 1 today to see what happened.
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Post by presumeddad on Sept 1, 2010 14:32:43 GMT -5
Have not responded in awhile due to my internet connection being disrupted. Can you believe they want money to keep it on!!Well I got the DNA test completed !!! Was told it will take 4-6 weeks for the results, but could be as soon as 2 weeks(if lucky) It went real smooth. The GAL stated that once the results come back that I am not the father and we attend another court date. The judge will dismiss the case and then I will indeed recieve all money back that was stolen from me since the beginning. Wow would that be sooo nice.. If anyone has any advice on the proper channels to take for making them assanines pay for some of the suffering they have forced upon my family I would be ever so grateful. From the Job loss, slandering statements to potential employers, stealing money, the merry go round ride they took me through their court system, and everything else I feel entitled to atleast my lost wages(job) and the suffering from trying to put food on the table , heat in the house, lights and evrerything else should be priceless.. I would hate to think about where my daughter, son and I would be if it had not been for a few very good friends that I will never be able to repay. Also all the advise and help here on this site. Harrison will never know just how much he has really helped me out!! Thanks Buddy!! Not leaving you out either Jim!! As I stated earlier my internet is off right now but my phone line is running for now. I can be reached at 360-907-7239 24/7 Than you again Bryan Miller AKA Presumeddad
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Post by Jim on Sept 1, 2010 19:47:27 GMT -5
great news! perhaps a lawsuit would be the next step, but dismissing the case is the main objective even at this moment! Until you have that order in your hands this is not done yet. You have came a long ways and endured quite alot! Hopefully it wont take too long to get this test back to shove in the face of this idiot judge.
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Post by Harrison on Sept 2, 2010 0:08:42 GMT -5
Tried to call B but it's almost 9 already and it wouldn't go through, but you answered my Q any way (over look the e mail). Trust in Jim's wisdom! It ain't over til it's an order! WA law is pretty clear about restitution. Wage compensation is at an average of about $45,000 a year, a state avg. income, minus what they can show you made! Pain & suffering how ever, from such an endeavor is open to more of a open interpretation. A suit of this sort under WA law would exclude wages and/or income, but give you a wider range of allegations. When you can show child endangerment by the state......DAMN!!!! What I'm sayin' is ...... KILL'EM ALL ( my personal fav.) or play they're game better than them. "I told ya so !" (WRONG AWNSER) THANK YOUR honor (ACCECTABLE) Humility wears a man like a jockstrap. You want to give all the marbles plenty of room to move.
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Post by presumeddad on Oct 29, 2010 4:13:24 GMT -5
The results are in !!!!!!!!!! Turns out after two years of deliberation I am NOT THE FATHER!!!!!!!!! Like I have been stating for two years now! I just hope they give atleast a portion of the $20,000.00 they have stolen from me..............
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Post by Jim on Oct 29, 2010 14:20:40 GMT -5
The results are in !!!!!!!!!! Turns out after two years of deliberation I am NOT THE FATHER!!!!!!!!! Like I have been stating for two years now! I just hope they give atleast a portion of the $20,000.00 they have stolen from me.............. Well, That is something that it took so long for what you've been saying to finally be on paper. they made some money off of you and then some through Title IV-D. Your most likely gonna have to go after them with a lawsuit to get your money back. Go big and get all you can for the harrassment, 20 grand and then some.....
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