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An actual, on going case..



 
 
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Old August 11th 05, 07:11 AM
Dusty
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Default An actual, on going case..

I've just finished converting the following to plan text. It came to about
20 pages (in Word formated text). Since my brother said "What the hell,
post it. Maybe someone out there can help." So, I'm posting it. It's from
his memory and court records (which I've read) of the ordeal he's been
facing since 1995 - and it ain't over yet.

If this comes out all screwed up and is unreadable, let me know and I'll
re-post it as an attachment (TXT file only).

Read it, tell me what you think..

As an aside, he's at his wits end and can't deal with X's b.s. any more, nor
can he take the constant harrassment from MA DOR/CSE and their meddeling
with his employment. I've hidden his shotgun and all the shells I can find,
but..

Anyway, here goes.

-------------------------------------------------------------------


Summary of Divorce
Docket No. [removed for privacy]
Commonwealth of Massachusetts


Last updated on 8/11/2005

----------------------------------------------------------------------------
---------------

Contents



Personal note to the reader 3

Summary of Divorce 4 - 10

Appendix 1 - Judgment of Divorce Nisi 11

Appendix 2 - Medical Insurance Information 12

Appendix 3 - Stock, 401K and Pension Summary 13

Appendix 4 - Stock 15

Appendix 5 - 401k 15

Appendix 6 - Arrears 1 (MA DOR/CSE calculations) 16 - 17

Appendix 7 - Arrears 2 (original decree) 18

Appendix 8 - Arrears 3 (imputed income and other monies) 19

Appendix 9 - "X"'s bank deposits, Mar '98 - Nov 2000 20

----------------------------------------------------------------------------
--------------

Personal note to the reader:

This summary is written in my own words and opinions. It may contain errors
and omissions, as some of the information is from memory, though the reader
should take note that this summary is, by the best of my ability, based upon
information from available court and financial records, bank statements,
e-mail, and other factual sources (the vast majority of which is contained
in one, very thick and ever growing, master file - hence this summary).

Some dates listed are approximate. As are monetary amounts pertaining to
the stock, 401k and pension (which is based on data supplied by "X" and her
attorney "D". - NOTE: "D" was our attorney of record during our 1994
bankruptcy proceedings and had detailed, prior knowledge of our financial
situations prior to divorce proceedings).

There are numerous times that visitation was delayed, cut short and at times
out right deigned by "X", in direct violation of court orders. Those dates
are not listed within this document, as there is insufficient data to
properly correlate when and how often visitation was interfered with (though
it continues to happen on a fairly regular basis). When there is sufficient
data to reflect an occurrence, it will be listed in as much detail as
possible.

There are also numerous legal documents that are, or appear to be, missing
from the docket kept at the courthouse. These include (but are not limited
to): petitions to the court to lower CS when work was scarce; petitions to
correct the visitation schedule; missing financial records for "X" that
where to be supplied to the court for the judge to review.

Also, it is interesting to note that Judge "L" always seemed to be the judge
we appeared before. It is also Judge "L" that refused to hear my testimony
on several occasions, refused to view my evidence and, at one point, told me
he would not act unless I brought him "new evidence". This strikes me as
blatant bias on the judges part, not to mention a complete disregard for
Constitutionally protected due process rights.

Please note that prior to and upon the date of divorce, "X" had
approximately $54,426.62 in her stock options, pension plan and 401k
(combined) that the court ordered her to divide in half with me (see Divorce
Nisi). However, thirty two (32) days after the date of divorce, it all
disappears (see April 1997 entry). Though, upon examination of "X"'s bank
statements shortly afterward, amounts matching (or very nearly matching) the
stock, pension and 401k suddenly make an appearance in her checking
account...

"X" dropped me from the court ordered medical insurance (see Divorce Nisi)
because, as she claims, "they told me I could". Yet, when this was brought
to the courts attention, it was dismissed (Judge "L").

One last item.. At no time throughout the divorce, or subsequent hearings,
has "D" ever presented even a shred of evidence for his allegations in open
court and when pressed for the judge to force him to do so, I was ignored.
The court habitually took his word - even when I had proof positive that "X"
and "D" were lying or they had presented fabricated arguments to the court.

----------------------------------------------------------------------------
---

Summary of Divorce



Jan 1, 1991 "X" and I are married.

1994 "X" and I filed for bankruptcy. At our first divorce hearing it is
decided that we shall equally divide the marital debt of $10,350.00

Both "X" and I where ordered by Judge "M" that each of us would cover an
amount of $5175.00 (an even split of the marital debt) in his "Judgment of
Divorce Nisi".

My half of the marital debt ($5175.00) would, in subsequent court
proceedings, be twisted into and later out-right claimed to be, a child
support arrears by "X"'s attorney, "D" (who was also our attorney in the
bankruptcy (a clear conflict of interest)).

Thereby placing me in an instant arrears of no less then $5175.00

Of course "D" wouldn't stop there, he would later combine his own
attorneys fees, car insurance (of which proof was repeatedly demanded, but
never produced) and the marital debt to place me at a sever financial
disadvantage.

Dates unknown Late one night, "X" makes the claim that our marriage is not
going well, she suggests seeing a marriage counselor. It is/was my belief,
that if we were to communicate and open up to each other more, that things
could have changed. It is at this time that I learn that "X" has felt for
some time that our relationship has been on a steady decline and that the
only reason we had a second child was so that, as "X" put it, "Son would not
be alone."

The counseling sessions go horribly. In my mind, it is nothing more then
paid man bashing, nothing less than an excuse to allow "X" to go off on me
and rant about everything I do or not do to her satisfaction - all the while
having someone present to approve of her abuses. She finds fault in
everything. Nothing is good enough for her she wants me to change every
aspect of my being to her satisfaction.

After several weeks of this insanity, "X" determines that she needn't
attend any longer; sessions last about a month or so before she makes this
epiphany known. But she is adamant that I should continue to attend,
because it seems, that I have "issues" that she wants changed.

At first I am shocked and amazed by her behavior, until, during some of
the counseling sessions, I remember some conversations that took place with
"X" (as well as her sisters and mother) in the early stages of your
relationship that didn't make much sense at the time. These conversations,
always short and contrite, (any mention of her father was taboo in her
mother's house) were of "X"'s feelings toward her father.

It is my firm belief that "X"'s hatred and anger for her father was then,
and continues to be, thrust upon myself as some sort of revenge for wrongs
she perceives happened to her and her mother when she was a child.

Mar 1, 1996 I am served with divorce papers - at work, in front of customers
and fellow employees.

Mar 12, 1996 "X" moves to her mother's house, taking the children and all
the household goods with her.

Apr 1, 1996 Without an attorney at this time, I request that "X"'s attorney
"D" file a continuance for me and schedule for sometime in May of that
year - he files for Apr 18th.

Apr 16, 1996 "E" signs on as my attorney. Other then overseeing that I get
a "fair share" he does little else to follow through.

Nov. 28, 1996 "X" (with help from her family) delays my picking up Son and
Daughter for Thanksgiving Day. We are unable to make the trip to my
mother's house for dinner because of this, so we stay at my apartment
instead.

Dec 20, 1996 First mention of the value of assets. Values are as follows:

401K: $20,455.24
Stock: NOT LISTED
Pension: UNKNOWN (but not less then $13,500.00 as shown in bankruptcy
papers of 1994 - also handled by Attorney "D").

Mar 14, 1997 Divorce is finalized. Judge issues his judgment. (see page
14)

Apr 16, 1997 Stock, 401K and Pension money disappear. (see: Sep 30, 1997 -
letter from Att. "D")

June 13, 1997 Judgment of Divorce Nisi is "absolute".

Jul 22, 1997 I discover that I am dropped from the court ordered insurance
coverage. I pay out of my own pocket for medicine and Doctor's visits that
has never been recovered.

Sep 30, 1997 Letter from Attorney "D" - he states that as of Apr 16, 1997
"X" has "CONTRIBUTED" only $1034.77 toward the purchase of stock. Both "X"
and "D" state to the court that no stock was ever purchased.

Judge "L" decides that the $1034.77 is the whole amount for the stock and
grants me half the amount ($517.39) as a "credit" toward alleged arrears
that "D" has convinced the Judge that I owe. "D" secedes at this ploy by
combining the marital debt, insurance for "X"'s truck and "D"' attorney
fees - though no Child Support arrears exists.

As of this date, I have overpaid "X" by $329.00

NOTE: The approximate value of the stock, 32 days prior to Apr 16, 1997,
was no less then $17,052.75

Where did the (approximately) $54,426.62 (stock, pension, 401k) go?? "D"
won't answer, the Judge "L" won't listen and I am shafted.

Nov. 27, 1997 "X" (again with help from her family) delays my picking up Son
and Daughter for Thanksgiving Day once again.

Dec. 25, 1997 "X" delays visitation. I am unable to spend more than a few
hours with Son and Daughter before having to bring them back to "X".

Consequently, my children are deigned spending any time with my family
(their Grandparents, Uncles, Aunts, cousins) over the holiday.

It strikes me that "X" only wants Son and Daughter to know her family and
that "X" is doing everything she can to all but assure that Son and Daughter
have as little contact as possible, with mine.

Jan 14, 1998 "D" files a Complaint of Civil Contempt.

Jan 22, 1998 I am served to appear in court on the charge of Contempt of
Court. "D" bases this on the grounds that I have not paid $5175.00 for the
marital debt; $1280.00 for car insurance; assorted attorney's fees; and
according to "D"' complaint, I am in arrears of child support by $300.00

"D" states that the contempt occurred on or about Oct 30, 1997 and "other
diverse dates".

Since the $5175.00 is coming from "X"'s stock, I cannot be in contempt for
failure to pay.

I have repeatedly demanded proof that the $1280.00 is for the car I had
during the time prior to the divorce. Neither "X" nor "D" have ever
produced any information to substantiate this claim of unpaid insurance for
any vehicle I was driving before the divorce.

I have overpaid "X" $751.22 as of the end of 1997 for child support. So,
it is impossible that I am in contempt for CS arrears.

Yet, "D" convinces the court that I am.

Feb 10, 1998 Contempt hearing: "D" now makes the claim that I am in arrears
$341.78 for CS.

The truth is: I am ahead on CS by $151.22 because of several over
payments to "X" over the past year.

I am ordered, by Judge "L", to pay additional attorney's fees of $360.00 -
bringing the total combined arrears set by Judge "L" to: $7156.78

Marital Debt: $5175.00
Arrears: $341.78
D's Fees: $360.00
Auto Ins.: $1280.00
-------------
Total: $7156.75

Mar 10, 1998 I find myself before the court on yet another contempt hearing.

"D" now claims I owe $941.78 in CS, the car insurance, marital debt, his
previous attorneys fees and requests an increase of $25.00 per week "to
arrears and monies owed". Judge "L" agrees.

The truth is: Actual arrears: $98.87 -not- the $941.78 "D" claims.

May 12, 1998 Out of work, filed a request for CS reduction - Request is
DENIED.
Filed for Relief of Judgment - DENIED by Judge "M".

Jun 11, 1998 Work slow down. Again I request the court reduce the CS
payments; "D" claims CS arrears of $816.78 - another fabrication on his
part.

The truth is: I am ahead on CS by $138.72

"D" requests an increase in the amount of payment; Judge "L" agrees and
orders an increase of $37.50 per week.

Marital Debt: $5175.00
Arrears: $816.78
D's Fees: $360.00
Auto Ins.: $1280.00
-------------
Total: $7631.78

Aug 17, 1998 I file a Change of Circumstance and request a reduction of CS.
Court takes no action.

Aug 25, 1998 Filed Modification of CS. Court takes no action.

Sep 2, 1998 Attorney "D" lies about the distance from "X"'s house to mine;
"D" makes it seem as though I have moved cross-country (actual distance is
52 miles, door-step to door-step; a drive of less then 60 minutes - Mr. "D"
contends that the drive takes 90 or more minutes). As a result, I must now
provide -all- transportation in order to see my children; visitation is
changed to every other weekend and one night during the week (until this
time I had enjoyed custody of my children approximately 48% of the time, now
it's less then 20%).

Labor Day Weekend I call "X" and leave a message requesting her to pick up
the children that night after supper as I am having some trouble with
keeping the car running for long; I extended an invitation to join us for a
home-made meatloaf dinner; "X" arrives 4 hours early and attempts to remove
Son and Daughter by force - I call the police (Milford PD). An officer
answers the call and enforces the visitation order. But seeing the effect
that "X"'s ranting and raving is having on the children, Officer suggests
that I let her take the children with her and avoid upsetting them further.
I reluctantly agree to his suggestion, but only for the sake of my children.

Sep 10, 1998 I attempt to sue for the money owed me by "X" (401K, stock and
pension; I had been authorized to receive half of the values by Judge "M" in
the original Divorce Nisi) and to have the visitation schedule clarified as
there are so many grossly inaccurate errors contained within the judgment
that allow "X" to flaunt her ability to interfere with visitation on a
regular basis.

I submit a more clearly defined visitation schedule that the court (Judge
"L") ignores - yet allows the version that attorney "D" submits.

Sep 15, 1998 Work slow down. I file a request for reduction of CS - DENIED.

"D" claims (by combining all monies owed - real and imagined, amounts to)
I am now in arrears of $9029.78 - which is false.

Judge "L" "credits" me $517.39 for the stock (based on "D"'s letter of Sep
30, 1997). The "new" combined (non-CS) arrears balance according to Judge
"L" and attorney "D": $8512.39

It is ordered that I pay an additional $50.00 per week in CS and DOR is
ordered to garnish my wages.

A 60-day jail sentence of non-compliance is ordered (suspended).

Visitation changed to favor "X", again.


Sep 21, 1998 Upon seeing "D"' visitation schedule, I submit what I believe
to be a more reasonable visitation schedule to the court.

"D" blatantly plagiarizes the visitation schedule I have submitted to the
court. "D" has taken what would have been a fair and reasonable schedule
and turned it into a lop-sided mess.

Sep ??, 1998 I sue for Enforcement of Judgment (for stock, 401K and
pension). Court takes no action.

Oct. 1998 I make payments to MA DOR.

Nov. 1998 I make payments to MA DOR.

Late Fall 1998 "X" complains to me that DOR has not sent her my CS money and
that she wants me to resume paying her directly. I do, but request that "X"
file papers with the court to remove DOR from the case.

She does not.

Feb 3, 1999 Work slow down. Once again I request a reduction of CS -
DENIED.

"D" now claims I am in arrears of $9192.00 (by combining all monies owed -
real and imagined); Judge "L" increases payments by an additional $85.00 per
week.

The truth is: Actual arrears: $711.39

Judge "L" increases the amount I owe each month to $1010.50 and I am to
pay, via payroll deduction to DOR the weekly amount of $235.00. ($235.00 x
4.3 = $1010.50).

Nov. 2000 According to my calculations, I have paid off the marital debt
without ever having received my share of the stock money from which the
marital debt rightfully should have been paid out.

"D's" attorney fees and the car insurance remain unpaid.

Mar. 1, 2001 I am laid off from my job. I do not head for court and seek a
reduction in CS. My reasoning is thus: each and every time I have made this
request of the court my CS has been increased! So why would I want it to go
even higher when I already cannot pay what the court has ordered?

The IT job market plummets. I am out of work.

Aug. 2003 After spending much of the last two (2) years working any job I
could find, I luck out and get a good (although temporary) job working in
MA. A few weeks later I start looking for apartments and saving up to move.

Oct. 2003 At work we are told that if we want to continue to work and keep
our jobs that we'd better get our passports in order, because the only thing
that's available are overseas assignments. I race into Boston to the
Federal Building and drop off my application for a passport.

Just days before I am to leave for my overseas assignment, I am told by
the State Department that MA DOR/CSE will not allow me to leave the country
and therefore keep my job. DOR claims that I owe $57,000.00 in Child
Support!!!

Of course, that includes all of DOR's penalties, fees and interest. All
of which is based on "D"' fraudulent arrearage claims in the first place!

I learn from my new attorney, "H", that "other monies owed" (marital debt,
attorney's fees, car insurance, etc..) cannot be claimed as CS, nor can it
be added to CS to create an arrearage - something "D" has repeatedly
managed to do in court - seemingly with Judge "L"'s approval.

May 13, 2004 While attempting to renew my drivers license, I discover that
my NH license has been suspended by MA and I am not allowed to drive or
renew my drivers license until I somehow come up with DOR's extortion
payments.

May 23, 2004 Estimate: By years end I will have a CS arrears approximately
that of $23,769.18

This is based on $600.00 monthly CS and does not take into account
possible reductions that may (-should-) have come from lack of work /
inability to pay at various dates (as shown above).

I learn that MA CS guidelines now allow the CP to deduct $20,000.00 from
CS calculations for things such as housing, food and other such costs to
provide for the children - yet the guidelines do not allow the NCP to do the
same.

Nor do the guidelines factor in taxes on wages. All CS calculations are
based on pre-tax income. CPs do not therefore pay any tax on this money,
just the NCP. Making CS a tax-free incentive for the CP.

The guidelines also do not allow NCP to take advantage (or share in) state
and Federal tax benefits that the CP enjoys each year. This can often be
several thousands of dollars.

Jun 2004 Conversation with my son, Son, via MSN Instant Messenger.. "X" has
him write to me that I am "..such an asshole.." (I kept a copy of the
conversation). I take this is an indicator of the type and style of
language and attitude "X" commonly uses around the children - in particular
when in reference to myself.

As I have been told, the courts do not want a child's parents to denigrate
one another. From what I've read, "X"'s behavior is a classic example of
PAS (Parent Alienation Syndrome).

I will ask that this be brought to the courts attention - this is not an
isolated case.

Jun 20, 2004 I call Son and apologize for not being able to be at his
birthday party. Since I have no drivers license, if I where to be stopped
by the police I would instantly be tossed into jail for "Failure to Pay".

But I don't tell him this. I explain that I am having "car trouble" so as
not to upset him or make him angry with his mother and get him into trouble
with her. When Son was about 8 years old, "X", with the help of a state
sponsored psychologist, threatened Son with being placed on Ritalin.

After I had a long talk with him, and explaining what Ritalin would/could
do to him, he stopped acting out against his mother.

Dec 23, 2004 "X" writes me in an e-mail that she does not want me to see the
children on Christmas Day. As she puts it, "You are not welcome in my
house."

Joy to the world.

Son tells me that one of the real reasons "X" does not want me to come a
pick up the kids is she is afraid that when I see the condition of the house
(an appallingly sloppy mess); how she's attempted to spoil the children by
spending vast amounts of money on anything they desire; the amount of
disposable cash she's wasted on trivial things; etc.. That I will want to
take her back to court and attempt to get the money that she has owed me
these many years.

Mar ??, 2005 During an MSN Instant Message session with Son's girlfriend, I
learn that "X" is not only denigrating me in front of the children, she is
also spreading those same lies to anyone that will listen - including our
children's friends.

July 15, 2005 Due to lack of revenue at my place of employment, all
contract-to-hire positions are canceled and all contract workers are let go.
I am without work and a driver' license. Without my driver's license it is
nearly impossible to find adequate employment and without my license I
cannot go to the unemployment office and make a claim for unemployment.
Besides, DOR/CSE would take it all anyway.

---------------------------------------------------------------

Appendix 1 - Judgment of Divorce Nisi


Judge "M" ordered the following:

1. Joint legal custody between the Mother and Father.

2. Husband is ordered to pay $150.00 per week in CS.

3. Wife to provide medical insurance for the children and Husband; Husband
shall have the option of paying any additional cost necessary to maintain
his coverage; parties shall share equally the uninsured medical and dental
expenses of the children.

4. Husband shall have the children a portion of every week alternating first
Thursday 5:30 PM, to Sunday 7:00 PM extended to Monday 7:00 PM if Monday is
not a major holiday, then Wednesday 6:30 PM to Friday 10:00 AM; the parties
shall share the major holidays of Christmas, Easter, and Thanksgiving

5. Wife's 401k, Pension Plan and Stock shall be divided equally; Husband's
interest shall be as of April 10, 1995

6. Parties shall each pay 50% of the marital debt of approximately
$10,350.00; the husbands share of this debt shall be paid from his share of
the Stock

7. Husband shall reimburse Wife the amount of $1280.00 for car insurance on
his vehicle taken out the Wife's wages

8. Personal property including furniture and furnishings shall be owned by
the party now in possession

9. Wife shall take both children as exemptions for income tax purposes


Values for assets as follows:

401K: $23,873.87

Stock: $17,052.75

Pension: Listed as UNKNOWN (but not less then $13,500.00 as shown in our
bankruptcy papers of 1994 - which was handled by Attorney "D")

Marital Debt: $10,350.00 or $5175 each.

--------------------------------------------------------------

Appendix 2 - Medical Insurance Information


14 Mar 97 "X" is ordered to maintain insurance by the court.

22 Jun 97 "X" claims she is told by the insurance agency that she can
remove me from the health insurance - against the orders of the court. As a
result my insurance coverage canceled.

22 Jul 97 - 13 Oct 98 Payments for my medications where $18.99

13 Oct 98 to ?? 1999 Payments for my medications where $21.99


28 Rx filled @$18.99* $531.72
7 Rx filled @$21.99* $153.93
1 Rx filled @$25.79* $25.79

1 un-recovered Dr's office visit: $143.00
VAM co-pay @$7.00 $170.45

Current Total:** $1,025.39



* CVS Pharmacy has this information in their computer system.

** The above total does not include all amounts paid out to CVS or Brooks
Pharmacy. That information is forth coming and will be applied as it is
made available.

-------------------------------------------------------------------------

Appendix 3 - Stock, 401K and Pension Summary


The following based solely on court records and financial statements.

1994 Pension: $13,500.00*

*Note - From Bankruptcy papers. This amount appears as "UNKNOWN" in court
records and the actual amount of the pension has never been revealed.

Feb. 1996 401K: $20,455.24
Stock: $2483.25

Dec. 1996 401K: $23,873.87
Stock: $6339.75

Mar 14, 1997* 401K: $23,873.87
Stock: $17,052.75
Pension: UNKNOWN

*Note - This is the date of the divorce and "X" is ordered to equally divide
the above. To date she never has.

Apr 16, 1997 Stock, 401K and pension money disappear.*

*Note - Attorney "D" claims that from Mar. 14th, 1997 to Apr. 16th, 1997
that there was only a "CONTRIBUTION" of $1034.77 made "..toward the purchase
of stock.."

Feb. 1998 401K: $32,000.00
Stock: $8105.25
Pension: *

*CD of $20,000.00 is on 2/10/98 financial record.

Jun. 1998 401K: $32,000.00
Stock: Not Listed*
Pension: Unknown

*Note - Stock is not listed in court records, though an entry of $29,000.00
appears in "X"'s savings account (6/11/98 financial record).

Sep. 1998 401K: $35,000.00
Stock: Not Listed*
Pension: Unknown

*Note - Not listed in court records, though an entry for "X"'s house is
listed as $120,000.00 with an equity of $24,000.00
STOCK


The following is based on court and DOR/CSE records; the amounts are an
extrapolation of that data.



By taking the amount listed in court records ("X"'s 1998 Court Financial
Record) for the stock and dividing the amount in half, you can easily see
what "X" was ordered to pay out as my share (as told by Attorney "D" to
Family and Probate Court, as being the last known amounts associated with
the stock on the date of divorce).

To arrive at the amount the stock may be worth today divide the amount due
myself by the number of months the stock could be traced.

Next multiply the number of months that the stock has not been paid.

Lastly, subtract the amount of "credit" Judge "L" ordered and then add back
the original amount due.


$17,052.75 /2 = $8,526.38

$8,526.38 /13 months (Feb 96 - Mar 97) = $655.88

$655.88 x 101 months (Mar 97 - Aug 05) $66, 243.88

$66, 243.88 - $ 517.39 (credit from Sep 15, 1998) = $65, 726.49

$65, 726.49 + $8,526.38 (original amount due) = $74, 252.87

-------------------------------------------------------------------------

Appendix 4 - 401k

The following is based on court and DOR/CSE records; the amounts are an
extrapolation of that data.


Taking the amounts listed in court records for the 401k, subtract the Feb96
amount from the Dec96 amount and average the two amounts over an 11-month
period (Feb 96 - Dec 96).

Divide by 13 months (Feb 96 - Mar 97).

Next multiply the number of months that the stock has not been paid.

Lastly, divide by half the amount from #3 to achieve the resulting figure.



$23, 873.87 (Dec 96) /2 = $11, 936.94


$11, 936.94 /11 months (Feb 96 - Dec 96) = $1,085.18

$1,085.18 /13 months (Feb 96 - Mar 97) = $83.48

$83.48 x 101 months (Mar 97 - Aug 05) = $8, 431.48

$8, 431.48 + $11, 936.94 (original amount due) = $20, 368.42




Approximate combined value of the Stock, 401K, Pension Plan and Uninsured
Medical:


Stock: $74, 252.87
401K: $20, 368.42
Pension: $6, 750.00 (in 1994 dollars)
Medical: $1, 025.39

Total: $ 102, 396.68

----------------------------------------------------------------------------
--

Appendix 5 - Arrears: Example 1

The following is based on information provided by the MA DOR/CSE web site:
http://www.cse.state.ma.us/ (using their short form) to determine the
correct weekly support order and gain a more accurate picture of the actual
CS arrears using MA DOR/CSE's own data.

The amounts are based upon a 40-hour workweek at an average hourly rate of
$10.00 or $400.00 (pre tax) weekly pay ($270.00 after taxes, using a tax
rate of 32.5%), times the average number of weeks in a month (52 ( 12 = 4.3
x $270.00 = $1, 161.00 per month take home pay).

The % of differential for the number of children is calculated into the
weekly rate by the MA DOR/CSE web site and is included in the weekly CS rate
(which is +24% for two children at the above rate).

Times the number of months of unpaid CS.

Starting figure is determined via MA DOR/CSE web site (see next page)


$23.00 x 4.3 = $98.90 (monthly CS)

$98.90 x 47 months (Sep 01 - Aug 05) = $4648.30


ARREARS = $4648.30








The next page is copied from the MA DOR/CSE web site (SHORT form).

NOTE: The web page did not come out when this document was changed for
publication, so it is omitted.

-----------------------------------------------------------------

Appendix 6 - Arrears: Example 2

The following is based on the original Child Support award as ordered by
Judge "M" .


Based on my calculations per Judge "M"'s Divorce Nisi, the total arrears for
Child Support (without any of DOR's interest, fees and other such nonsense)
is approximately:


$28, 569.18 As of August 2005



The file "Money Trail.XLS" uses this formula.

NOTE: The above file mentioned is not included as it is a spreadsheet and
contains highly personal information.

-------------------------------------------------------------------------

Appendix 7 - Arrears: Example 3

The following is based on the NON-Child Support arrears created by Judge "L"
and Attorney "D" by adding together attorneys fees, auto insurance, marital
debt and other monies to create said arrears.


Using the "L" & "D" approach to mathematics - start with a Non-Child Support
based arrears of attorneys fees, car insurance and marital debt and create
the new monthly amount of $1010.50 per month in extortion.

Times the number of months DOR/CSE says you are behind in unpaid CS.




$1010.50 (monthly CS) x 53 months (Mar 01 - Aug 05) = $53, 556.50 in
NON-CS based arrears

------------------------------------------------------------------------

Appendix 8 - "X"'s Deposits and Deposit Transfers of dollar amounts of
$500.00 or more

This information does -not- include: tax refunds, regular paychecks, etc -
only deposits and deposit transfers (possibly from other accounts).


The information is based solely on data found in "X"'s bank statements.


Mar 1998 Deposit $1500.00
Jun 16, 1998 Deposit/Transfer $6000.00
Jul 20, 1998 Deposit $10,000.00
Aug 1998 Deposit $3000.00

Jan 8, 1999 Deposit $2599.00
Jan 15, 1999 Deposit/Transfer $1000.00
Mar 8, 1999 Deposit/Transfer $1000.00
Jun 16, 1999 Deposit $12,899.49 (Pension??)
Jul 14, 1999 Deposit/Transfer $8958.22
Sep 13, 1999 Deposit $926.21
Nov 1, 1999 Deposit $24,000.00 (401k??)

Jan 19, 2000 Deposit $500.00
Apr 10, 2000 Deposit $2618.03
May 8, 2000 Deposit/Transfer $1000.00
Jun 20, 2000 Deposit $1312.65
Aug 1, 2000 Deposit $1126.66
Aug 18, 2000 Deposit $2587.90
Oct 13, 2000 Deposit $1000.00
Nov 28, 2000 Deposit $17,053.68 (Stock??)


Total Deposit and Deposit Transfers for this period: $ 99,081.84


  #2  
Old August 14th 05, 06:38 PM
Dusty
external usenet poster
 
Posts: n/a
Default

Well, I must say, I'm quite surprised. With all the legal begals out here,
no one has a thing to say about this case?

Good grief. What is the world coming to when it's common place to snipe at
each other over semantics, but say nothing at all when reality stares you in
the face.


 




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