In preparation for the sentencing hearing, I had filed a receipt that I had received from my bank, stating that my unpaid child support had been taken out of my bank account, so it could then be sent to my son’s mother.
The reason that I had filed this, was so that Judge Cecile could not disregard that this money had been seized. Normally, a party would simply bring the receipt to court, and say that the money had been seized, and that the receipt from this is right here. But I’ve had issues with getting documents entered onto the record in the past.
I’ve had Judge Cecile refuse to allow the entry of the summary of a case that I was trying to cite, in support of my defense. I had the synopsis on paper in my hand, and I wanted the paper copy of the synopsis itself on the record, but Judge Cecile said that she wasn’t going to do that during the proceeding. She said that I knew how to file it in the clerk’s office, and that this is what I could do if I wanted it on record. By filing the receipt that I had received from my bank before the proceeding, Judge Cecile could not ignore that this same monies had been received. The clerk that I had filed this receipt from my bank with, could not bring herself to understanding why I was filing something for my case, just so it would be on record. I would imagine that such a thing has never been done before in this county (or likely anywhere).
Before we were called into the courtroom, all parties were given probation’s recommendation for the matter. Probation’s recommendation was, that if the money that supposedly had been taken out of my accounts, was in fact taken out, that they were recommending a conditional dismissal, meaning that I was off the hook. I had asked the court for a copy of this recommendation, but Judge Cecile said that she couldn’t provide me with it. (I have something in mind so that I can prove that the recommendation said this, if I manage to produce this same proof, I’ll update this post.)
Now in my experience with the Onondaga County Family Court, when they’re going to make a ruling against me that is completely illegal, they appoint onto me “standby council”. This is a lawyer that is appointed to help me if I need it, and this is what happened at this sentencing hearing. There was an attorney who was there as my “standby council”, who was there to explain to me the probation order. I decided that it was a good idea to have the order explained to me, because if I didn’t understand the order exactly, the court would obviously enforce it regardless, as they’re not concerned with how I could be construed to be innocent.
Judge Cecile said that I could choose between 30 days in jail or probation. I asked what would happen if I chose neither, and she said that I would be taken to jail right there to start serving my 30 days. From this, I was forced to agree to probation.
Interestingly, on August 23, 2018, my probation officer informed me that I was being switched to some sort of lower supervision, which amounts to myself only having to meet with my probation officer once a month, instead of once a week. I cannot discern a reason for this other than it is a result of myself having launched this site.
It not that you launch this site, you got the probation switch, its because Its a mixture of things, you got either do thirty days or probation? How long is your probation? now, you don’t owe a lot of monies to her or the court so since you agreed to the probation it had to fit to your situation, not having employment, having time to get employment and such. because usually the first thing they hit you with here in the state of Florida is your License either being suspended or if you owe like over 10,000.00 your Drivers License being revoked until you pay it off. and then if you still don’t pay that’s when they start hitting you with jail time or probation. I’ve never heard of someone being thrown in jail for the small amount that you owe. something is not right.
It’s one year probation. I was under no obligation to “find” or “seek” employment under the law; Are you aware of the way that my income was imputed? The unsubstantiated imputation of my income is the “void” foundation from which my violation proceeding takes.
Yes. I did. It’s messed up really, they give you a year probation, are you required to get a job since you are on probation? And why are they using income from 3 years ago? You have no job now right?
Yes, I did. I think it’s messed up. And second that they are using income you had from 3 years ago. you have no job now so shouldn’t they consider that now, not was then?
‘so shouldn’t they consider that now, not was then?’
Correct, but they “imputed” my current income, to that income of three years ago; because of this they can then find me in contempt for violating a court order that I couldn’t comply with even if I wanted to.
I understand. They go by what you were making at the time and figure since you were making that,you can do it now. Listen from what I know about family court men are screwed whether you have a job or not. I know men who was current in child support and still got screwed over by the ex for not paying a dentist bill? I do understand that some way they’ve violated your rights, So why not just comply with the order and be done with it? I understand about your visitation rights, just get the court to favor of you getting visitation with your son?
I want to see them make me comply Patrica. If they can, they win; if they can’t, I win. Is there something wrong with me acting on the consideration that I have rights? Would you kindly share with me a circumstance where you had voluntarily forgone your basic human rights, in such a way that it would cripple you for the rest of your life? Please, I’d love to know where this consideration of yours is taken from…
I am not against you. I believe you have every right to do what you need to do. I would do the same for my children. I would move heaven and Earth for them, what I am saying is the family courts are so messed up that it needs to be changed. The playing field needs to be even for both parties. Not one sided ( for the woman that is) family court is for woman to take their aggression out on the men that they were (or in some cases are ) in there life. Believe me I saw first hand, I’ve been there 3 times. My 1st ex was in the same situation as you. He paid 25 dollars a month, until the my son turned 11 and we both had the order stopped. 2nd husband never paid. And the 3rd his ex wife ( not me) had him in court every other month. So i do get what you mean. I was just playing devil’s advocate, when I said you should just comply with the order and be done with it. Men (you) should fight for what’s right.
Did you receive my reply
I think so, if you see it on the page then I did.
Ok. Thanks.
Wow, you should really consider becoming a paralegal (or other law related field) some day. That, or perhaps a private investigator. You seem to be very focused and determined. I hope you have or can find other things to focus on besides this stuff, to find some balance. As smart as you are, I still think you would be better off with a paid attorney representing you, and a job. This judge isn’t going to take you seriously or respect you until you do, I don’t think.
One day your son will be old enough to see all of this and see that you did want to see him and spend time with him all of this time. One day he will be able to make his own choices and will be able to choose to see you without all of the restrictions. It’s too bad you have to miss out on him growing up now though. I’ll bet it will only be a couple of years though before he searches the internet himself and insists on seeing you. Perhaps he can convince his mother, when he’s a little older, to allow reasonable visitations without the preconditions. If it were me I would devote some of this site to him, as he will probably see it himself soon enough. Try to tone down the bitterness towards the mom, if you can, if or when he does reach out to you. Good luck!
I don’t really have any bitterness towards the mom, I just want order. The court’s unwillingness to make the mom comply with the visitation order put a huge and tremendously unfair strain on the relationship between myself and my son. Consider your points from the perspective that, my son has the right to see me, and he hated it when his mom wouldn’t let me see him. Also, we’ve (my son and I) had a vast and intimate relationship since he was a baby, and I’ve made him into an excellent reader. So, does the judge have to respect me in order for me and my son to have justice? …family court is not a beauty pageant; people have rights.
I don’t agree with what happened there at all with the mom saying he was too sick to see you, if we are talking about the same thing (from 2016). Very unfair to you and your son.
Right now if I remember correctly you can’t see him at all unless you set up supervised visitations with a therapist or something like that, right? If I remember correctly… the court is treating you like you have some kind of mental impairment and making the visitations almost impossible or impossible. I think what I was trying to say is that perhaps it would be easier to ease the current restrictions if the judge found you to be competent, mentally, and I assume that would mean having a job. Probably also the help of a paid attorney would help a lot. No personal judgement from me here but I don’t think you’ll be able to get the current restrictions lifted unless you do get a job. I don’t personally think not having a job makes you incompetent… you probably have to be very creative and work harder in other ways to meet your needs. Not saying it’s right but I think the court does use chronic unemployment as a factor in a person’s mental stability.
Either way though, job or not, I am almost certain your son will contact you on his own in a few years. I have known people in worse situations than this and the kids look for their parent when they are old enough to have internet access. The situations I knew of, the kids did it in secret at first without the mom knowing. Eventually the mom gave in to allow visits due to the child’s wishes. So I hope that this will happen for you too.
A lack of a job does not imply in any way some sort of mental incompetence… I don’t need to have a job to see my son as I said, Family Court is not a beauty pageant. Finally, I expect to start seeing my son again in much less time than “a few years”, because he was taken from me illegally.
You are right. The mom has illegally kept you from your son. If there was an order for visitation ( I don’t know of your exact case) then she has or did violate the agreement you had both set up in court.