This will be one more Un-Merry Christmas for one particular of Cook County Illinois' litigants. No, not Rod Blagojevich but Douglas McKalip. For much more than six years Douglas has been involved in what has been described as the "divorce from hell". He has been involved in 7 separate legal actions brought about by his divorce and has appeared in court additional than 200 occasions.
Doug will not be able to invest time with his young children for Christmas again, for the fifth consecutive year. Despite the fact that most parenting agreements permit the non custodial parent access to their youngsters much more than 1300 hours a year, and Douglas has such an agreement, he has been prevented from seeing his children even 40 hours for the complete year. The lawyers, judges and politicians brag about protecting the kids and that visitation interference becoming a crime in Illinois, but Doug has located no judge that will enforce the parenting agreement on any person but but him. The Judge he is currently in front of, Jeanne R. Cleveland Bernstein, has told Douglas that he does not deserve to see his kids simply because he can only pay $2,728.00 per month. Although this goes against all current wisdom of not connecting visitation with kid support, there is no location to go in Cook County when the attorneys or Judges are out of manage.
Getting never been prior to this Loved ones Court Judge, it was practically nothing brief of bizarre when Judge Bernstein started lecturing Doug for more than ten minutes about all the things his kids do not have. This was prior to a single word of testimony about the McKalip children. Judge Bernstein then inquired as to what money Mr. McKalip had in what accounts. When he explained the only funds he had was set aside for taxes, the Judge ordered Mr. McKalip not to pay his taxes and use the money to pay a $5000.00 additional "purge" quantity or go to jail. This was in addition to the child assistance, he was paying at that time.
In Doug's encounter, the Cook County Court program is run a lot like the Mafia and if you go up the chain with a difficulty it is like complaining to the Mob Boss that an Enforcer is trying to break your legs - and that would be a big error. Doug's challenges do not finish with the county, the State of Illinois has wreaked havoc in his life as nicely.
Due to what Mr. McKalip describes as a miscalculation of the divorce trial Judge, tens of thousands of dollars were added to the youngster help he was paying and the State of Illinois took away his drivers license nearly two years ago. Mr. McKalip claims he has the "DNA proof" of check copies, court orders and time lines that proves he was in fact "paid up", but he has been unable to get everyone to overview his documents.
It seems that no judge will review another judges function or even their own on a "motion for reconsideration", and even although no judge has ordered Mr. McKalip must drop his driving privileges, the State of Illinois decided independently, without having review of his canceled checks, to take his license away. This is despite the reality that the State can only make a dollar amount that they think Doug is in arrears for, but can not present a statement of total monies paid or how they calculated the total. Over a year ago Doug's bank accounts have been seized and hundreds of dollars taken by the State supposedly for youngster assistance. To this day, the State can't show exactly where he got credit for the dollars taken lainaa vain or even if the funds ever got to his youngsters.
For each the State and County workers the incentives are clear. The State and County are both in really serious financial difficulty with the pensions under funded by billions of dollars. If the State or County judges can extort cash from Mr. McKalip and other folks that they do not owe, the State gets a dollar for dollar match from the federal government. It is aspect of the original "Stimulus Package". They even get dollars from the federal government to jail dead beat dad's - a contemporary debtor's prison. The State workers are pumped up with stories how productive the program to punish dead beat dad's has been and how a lot funds it has brought in for the State.
The States use a Mob strategy equivalent to that of "getting protection". They inform you to pay a specific amount of income that is not authorized by anybody but their own authority. If you never pay they take away your drivers license, skilled licenses, hunting licenses, passport and seize all the dollars in any bank account you have. They do this with no a judges order, no proof, no hearing, or assessment of facts. Even although the State claims to have a hearing approach, in four trips downtown, dozens of phone calls and several letters written, they have not been able to present an itemized statement like you could get from your phone corporation or bank. There also has been no assessment of Mr. McKalip's court orders, time lines and canceled checks. The truth is that there is no way to appeal a negative discovering.
A lot of men and women might think this new collection method would be illegal, but the States believe it circumvents the Constitutional Rights of Equal Protection under the law and Due Procedure by calling any license, ability to travel or ability to manage your personal cash a "privilege" provided at the whim of the State, not inalienable rights.
The various Federal and State agencies refer to the non custodial "dead beat" parent as "turnips", additional de-humanizing them and producing them an less complicated target for discrimination. The unfair therapy of non custodial parents has spawned the site:
One particular could think these issues would be adequate for a single person in this holiday season, but Mr. McKalip's scenario has taken a turn for the worse. After assigning a beneficial interest of a property that belonged to Douglas's father to a individual who had been paying taxes in an effort to assist the household, Doug was unaware that the bank had not executed documents producing the assignment. In addition, the bank failed to notify either Doug or his father of this delay until right after sworn testimony by Douglas in court as well as the unfortunate death his father.
Doug had been unaware he had misspoken due to the Bank's negligence, but when Judge Bernstein located out she started yelling and told the lawyer for Douglas' ex-wife that Doug need to be brought up on criminal contempt charges for perjury. Doug's lawyer had in his possession exculpatory evidence relating to the matter from the bank -- but was not permitted to present the proof or even explain the circumstance to the Judge. Courts that stonewall credible proof and run their own agendas are the hallmark of third globe nations, not the United States of America.
The criminal contempt charge has caused Doug to spend additional thousands of dollars of borrowed cash hiring a criminal defense lawyer. The punishment for the criminal charges is not monetary but jail time and Doug's attorneys are baffled why the Judge, Doug's ex-wife and her attorney would want Doug in jail and drop the assistance checks for the children . The Judge, Doug's ex and her lawyer also have been vehement in stopping Doug from finding his drivers license back, considerably limiting his earning capacity.
The divorce courts, the State of Illinois, Douglas's ex -wife and her attorneys have thrown every impediment they can to stop typical visitation with his young children, and limit Doug's potential to earn cash. It makes a single wonder who is searching out for the youngsters? Doug's next court dates are the 27th and 28th of December and could answer the query whether or not Doug could have the possibility of a happier New Year, or start the New Year in jail.