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Another Fray of Motions

Updated on May 19, 2012

The Fray of Motions

As I Write This Today...

I have been in court for the better part of a year waiting 12 1/2 years of back child support in Florida and i haven't received a dime. My son's father has money to pay his attorney who has represented in not one but two cases and he is claiming and indigent status. Quite literally I have had one motion over turned now three times. And I get up everyday and study law and try to represent myself and my son who has both medical fragilities and autism in this never ending battle of his Father to dodge paying any and all child support while collect welfare, paying his attorney and dodging his court costs by claiming to be indigent. And somehow the court doesn't see the irony in a client who can afford representation and an appeal who is on public welfare while retaining an attorney.

And this third over turn was very hard because I have received the order for the Motion to Expedite and the Appellant was given ten(10) days to respond. They responded in eleven days(11) and the court still accepted the response and struck my motion to expedite. Is there any justice for single Mom's of disabled children in Florida or for the taxpayer who this bum has fleeced as well to dodged his responsibilities while collecting welfare?

After all there is the best interest of the child to consider. And this man has not paid anyone but his attorney including the court system for over the past 12 years. When will there be justice for us. And yet, everyday I get up and I struggle to learn law under the most difficult circumstances.

So How Did I Handle It?

I have been working out which helps with stress but cuts into my law study time. So I had to skip my works outs and file several new motions and a petition.

Petition to Expedite

It occured to me that I needed to file a petition to expedite and not a motion. I have no idea why I did this but it jsut dawned on me that my motion should have been a petition so I filed it just in case.

Motion for Clarification

Since the appeals court has ruled on this Motion to Expedite three times I need clarification why they have ruled so many times on what I consider to be a very simple request. I have a child with emdical complexities and autism and he has extraordinary health needs which are quite costly. I need not only the child support but the 43% of the court ordered medical costs for the past two years which is a considerable amount of money. And the appeal is only a stall tactic. There is no foundation for the case or atleast any I am aware of as the appellant has had ex-parte communication with the court which I have not have privy to.

Motion to Dismiss

As I am representing myself I am what is know as "pro se" and when the appellant has one sided communication with the court that is called "ex-parte" which I am entitled to have complete access to. So based on the fact that the Appellant in the case has not copied me on one of her filings I have requested that the case be dismissed. I am not able to ascertain what the appeal is even about as I have not been furnished a copy of the appeal. I doubt there are grounds as my son's Father was required to pay the lowest amount and repay me in the lowest amount of installments. He was held the least liable by the state of Florida and i was held more responsible. And again he is in complete contempt of court for over four months now and hasn't paid a dime and he has had no consequences. In my humble opinion I think he belongs in jail.

But I think since he has had all this money and time to carry on with an attorney to dodge his child support he needs to be held more financially responsible. I am told the wheels of justice turn slowly. It has been over a year and it is not just us getting the shaft it is the taxpayers as well. Remember your tax dollars are paying for this dead beat Dad to eat while he pays an attorney to dodge his financial obligations to his child.

What Are My Expectations?

Given we have received nothing but pain and heartache over this entire ordeal not much. But I am persistent. I hope the court will in its infinite wisdom dismiss this case as it is completely toxic to even give audience to a dead beat welfare recipient who can't pay court cost because he swore out an affidavit he is indigent but can afford an attorney.

I expect clarification as to why this case can't be expedited and why my motion was struck once again. I certainly hope the court throws out her response to strike my Motion to expedite as the Appellant filed a day late. I know if I file late my responses will not be taken into consideration.

And finally I hope the fourth district court of appeals refuses to hear this case as I seriously doubt they have any grounds upon which to appeal. Of course I can't attest to it for certain as I would have had been allowed discovery which I have been denied. And for the court to recognize that an attorney who is having "ex-parte" communications with the court is completely inappropriate and is grounds to have the case thrown out.

But I haven't had any of my hopes answered yet nor have I seen a dime of child support and this man walks around free as a bird living off the welfare system of Florida and paying and attorney to dodge his child support payments. And no one is looking out for us and no one is looking out for the best interest of the taxpayer. And the worst part is I believe if they lose in the district court of appeals they may try to take the case to the supreme court of Florida.

And while I work out and study law I doubt I can represent myself in the Supreme Court of Florida and I definitely don't have the money to pay an attorney as I have been raising my son all by myself for the better part of 12 years now. When will this dead beat Dad be made to pay???

Quite frankly this is hell for a single Mom of a typically developing child. There are not words for what I have been through over the last year and the grave insensitivty to my son's needs but for the justice of his dead beat Father. Court is all about making certain the criminals have their justice and the rest of us be damned.


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