Date: Sat, 24 Feb 1996 01:18:38 -0500 (EST)
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Rex Ballard - Director of Electronic Distribution
http://cnj.digex.net/~rballard
> From: Monica M Hoeft
> You wrote:
> >From: Wayne D. Martin
> >
> >Monica
> > They intend to steal over half my pay check and thus my
> >relationship with my daughters.
> > I'm hittin the street. What are the proper picketing
> > rules and pitfalls. > >
> > Wayne
> >>
> >>
>
> By saying "intend", does that mean it hasn't happened yet? First of all
> I would fight tooth and nail in court for custody. use your laws.
> Most family laws have clauses that say they "SHALL" consider, as one of
> the factors in awarding custody, who is best able to provide for the
> child. PROVE YOUR ASS OFF!
Has she ever been in therapy? If she has ever expressed a desire to hurt
the kids, the LSW, MSW, or PHD is required, as a condition of their
license to report it. GET THOSE RECORDS.
Has she ever been in any sort of trouble with the law? Has she ever been
in trouble with other authorities (hint: check school records). Has she
ever been drunk in public. Has she ever used drugs? Has she ever been
in a drug treatment facility.
GET THE SAME INFORMATION ABOUT YOURSELF! Don't give your lawyer any
surprises.
TURN THE ENTIRE SET OF RECORDS (on her) OVER TO SOCIAL SERVICES!
Expect her to do the same to you (her lawyer will advise her to do so).
The kids may end up with her parents for a while, but you will have a
chance at getting custody.
By the time she's come to the negotiating table, she will be much more
interested in keeping the kids out of foster homes than keeping them away
from you.
You are fighting for your children's lives. Do you want them growing up
thinking that the way to "Make it" in life is to screw a man for
child-support? Do you want your son to grow up believing he is a
worthless scum-bag whose only value is the "support check". Do you want
him to be raised by the local child molestor?
> Say in open court as well, how demeaning it
> is for you to have to sstand there and prove your worthiness, while she
> is automatically assumed to be worthy. Are you the bigger breadwinner?
> Well then use that as you being able to better provide for the child.
WATCH OUT! If you loose custody - they will use everything you say
against you in the child-support hearing. You will not know until after
both hearings what the verdict is on custody.
> Supply as well a liberal visitation proposal. Chances are she'll come
> empty handed. You'll look better.
If you don't think you can prove that she is an immediate danger to the
children, create a settlement! Put some contingency plans into place.
Clauses like:
If, for any reason, either the custodial parent or any agent of any
government agency determines that they are no longer able to properly
care for the children, custody unconditionally and irrevokably reverts to
the (NCP). She may get custody but a clause like that puts the "Sword of
Damocles" over her head.
If you don't get custody, offer to pay an extra 1% on the condition that
there be no increases based on increases to your income. This
"Insurance" is valuable, especially if you have to become a contractor or
consultant to make ends meet.
Include clauses that prevent her from leaving the state or moving
jurisdiction without your consent (women often go to other states where
the variations on the law work in their favor).
Include a clause that allows you to deduct the cost of travel for
visitation (you can put the kids in a small town where it's safe and
rents are low, while you work in an area where pay is higher).
These little "traps" are easily sprung, they can save you a fortune, they
protect you from some huge liabilities, and give you an excellent second
shot at custody later.
The judge will ask you if you find these terms unconciounable. DO NOT SAY
NO. Tell him you do consider them unconciounable, you are following the
letter of the law. Then submitt a written statement of every abusive act
your wife has committed against you, including threats to "take you for
everything you've got". He will read the apeal and your ex will not have an
opportunity to rebutt until he has seen the entire litiny of offenses (dates,
times, circumstances, witnesses...). He, or she, will begin to question your
ex, under oath. If she denies everything, the judge will want to know why you
are letting her go. You will have the list of witnesses in the written
document. The document will be included in the transcript.
You want to make a case for fraud, blackmail, and extortion. These are
all ingrediants of a failed marriage or you wouldn't be willing to turn
over 1/2 of your paycheck without being subjected to criminal proceedings
(Jury of your peers, proof beyond a reasonable doubt,...).
The Judge will accept the settlement, but the transcipt will be an
effective defence against any attempt to force you to make payments.
Think of it as the equivalent of the military "obeying an order under
protest".
------------------------------------------------------------------------
For those who haven't done so, have your lawyer file a motion to include
your list of grevances in the transcript. It won't change anything, but
it will give you legal grounds and court records for contesting criminal
proceedings if they are ever filed. The jury and appellate judges will
see your grevances along with the settlement.
> Then get connected up with local fathers groups in your area. You
> should all jointly show up at each others hearings and learn to work
> the system. Find out about pending bills in your state and get the FAX
> numbers from your representatives.
Finally, pay a little extra once in a while, for christmas, birthdays,
and emergencies - then file 1099 gift contributions against her or her
boyfriend/husband. Not only do you get the tax-deduction, it screws up
any "supplementary aid" she may be receiving from elsewhere.
> For picketing, go to your county clerks office and ask for the county
> ordinances. If you are on a public street in a business district, like
> in front of the courthouse, it's usally public access, you can do what
> you want, as long as you don't inhibit anyone's freedom of movement.
> Write up some leafletts, and hand them out to fathers leaving the
> courthouse. Chances are they got screwed too. Then you can create
> your own force and network.
>
> ideas will come to you as you get more into this stuff
>
>
> Monica
>
>
From rballard@cnj.digex.net Mon Feb 26 14:13:23 1996