Tuesday, March 24, 2009

The Deadly Disease of Legalese

On March 1, 2009, I was served (at home, on a Sunday- to my 14 year old son) court papers from my loving and dear ex-husband (NOT), Bradex. It appears that he is taking me to court yet again in the divorce that never ends to try to phlegm his way out of paying the modicum of child support and alimony that he has been court-ordered to pay since June 2006. Big surprise. Not really.

First of all, he has not been following the Decree since 2006. That said, he isn't current on years of child support and even more monetary amounts of alimony in arrears that is basically unenforceable because the Decree requires him to pay the bills directly to the utilities (not to me, as I requested)- and the court doesn't have jurisdiction to make him pay the bills and keep them current by the billing of the different utilities. The wheels of justice move way too slowly and cannot keep up with the slippery, putrid slime that is Bradex.

Secondly, the application to modify the Decree is directed at child support and alimony only due to the loss of employment. Too bad I know that he is employed. The County Attorney sent me his employment papers because I asked for a revocation hearing due to the fact that Bradex tried to kill 2 out of 3 of his own children by running over them in his SUV(August 2008), and he was out (of jail) on probation TO PAY CHILD SUPPORT- and he was not abiding that order. He only wrote a check from his personal bank account when it was apparent that he would again lose his freedom in contempt of court again. He has plenty of money.

Thirdly, when Bradex was incarcerated in September/October for assault with a deadly weapon causing injury (4 counts against him-the father), I had already started an investigation to have his income verified by Child Support Recovery because I have proof that he is only paying child support on about half of his income with pay stubs that he left carelessly around for my oldest son to retrieve when he visited his father (on rare occasions). Now, I intend to use his application to ask for an increase in child support and alimony based on how much income he was not paying on for child support. Let the Judge decide if keeping his own children in abject poverty is okay.

And finally, Bradex stays true to his reptile invertebrate slimy self by asking (and getting) not one but two judges signatures requesting that I take the "Children In The Middle" class again that is required by Iowa law, in order for the final Decree to be in effect, which I already fulfilled that requirement back in 2006, when the divorce was (supposed to be) final. Somehow, he got 2 stupid Judges to re-order me to take this class without disclosing to these two Judges that there is a Criminal No-Contact Order in effect until my oldest son reaches 19 years old, which is five (5) years, that protects my oldest and youngest sons from Bradex's violence. I mean, c'mon! He tried to kill 2 out of 3 of his own children!!!!! Oh, and he didn't request overnight visitation when he had it- the last time he spent a night with his kids was March 30, 2006- 2 full months before the divorce!!!!!!!!!!

That Order of Protection, however, does NOT protect my middle son, who is severely and profoundly autistic. This son is non-verbal and is recently toilet trained, even though his chronological age is nearly 13 years old (in April), he is functionally about 1/3 of that age. DHS/Child Protective is not about to let Bradex try to make contact with a special needs child that cannot defend himself- what kind of slick trick is Bradex trying to pull??????

Here's the kicker: I cannot get legal representation in Iowa because Bradex's sister is a lawyer for Iowa Legal Aid. Drake Law Clinic can't help me because the case is sooo convoluted and complicated that it is too difficult for law students. And all of 2008, I was supposed to be represented by the Volunteer Lawyer Project, whereby I do all the legwork, and a lawyer is supposed to do all the court room work. Let's just suffice it to say that my VLP "attorney" suppressed evidence and left me twisting in the wind, putting me on stand without prepping me, and didn't bother to ask Bradex any questions when Bradex appeared pro se (technically without representation), but it was extremely clear that he was being professionally coached by a legal professional.

So back to the future- the clock is ticking down to April 17- the mandatory pre-trial hearring, and I am reduced to frantically trying to find legal representation without any ways or means.

The fun just never quits around here.

Sheila

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