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Originally Posted by D.Dog
Hi All.
Due to letter I recieved last night I have been reading steadily and heavely all I can about any defenses I might have against the Fl Dept of Rev and Child support enforcement. I love my boys and send what I can and see them not as much as I would like.
I have fallen a bit behind but not for lack of want. I believe my sons deserve any financial help I can give however this letter is demanding my appearance in court on the 29th of August about the arrearages. Fortunatly my ex- wife is not mean and nasty nor does she even call them as she knows I am doing the best I know how. She will not though take any action to remove the State from this matter [Did she sign an affidavit, see below]. A phone call is all it takes for me to see my boys whenever I want and I consider myself lucky on that point.
In the past, twice before in the last 7 years, when I go to thier court they set me up for a purge usually after getting attacked by 4 to 5 women The judge. case workers, Attorney for the court and one gigantic S.O.B with a costume, gun and badge. He told me to shut up and sit down after I was asked a question and I responded By standing and raising my voice. My mistake NEVER ARGUE, in any case both times I had to sign some papers and agree to have certain amount of money by a certain time.
Until recently I never realized those papers I signed that I was agreeing that I willfully did not make the payments and entered into new contracts with them.
This time I already know and am prepared to just go to jail cause i will not sign anymore contracts with them. Admitting something that is not true. They will make threats against My Dl and going to jail.
I am still not sure how to use my soveriengty when the Judge starts to ask me questions
I can't ask if their is evidence of a complaing party cause they are it on behalf of my Ex. Also they will say it is civil and does not apply but the letter threatens criminal prosecution if I don't go or if I don't sign
I did not perform on the other cantracts so I am screwed there unless I can figure out a away to remove myself.
I can't ask for a remedey for which relief can be granted cause they state there is... PAY UP.
Guys I am so lost and confused cause I am still new and just have no clue how or what order I should file any papers or which ones for that matter.
I will be wearing a watch with an MP3 recorder init though so I can share with you all and we can disect it and maybe figure outwhat not to do.
I will keep reading and educating myself but i sure could use the help of my brothers and sisters here at Suir Juris.
Thanks for any replies.
Darrin
D.Dog
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emphasis added.
If your wife did not sign an affidavit against you, who is the moving party, what is there interest in the case, are they in court to testfy against you?
The court cannot move without a complaining party. If there is no moving party, there is no "subject matter jurisdiction (SMJ)", the case must be dismissed. You may need to move for a dismissal.
If you are at a
informal hearing. You must raise the issue of
jurisdiction.
Do not discuss any other matter until the jurisdiction issue is heard. At this point the matter should be taken before the judge. Raise the SMJ issue, and move the court to dismiss the case.
Why go to jail for nothing! Don't sign your life away!
If you feel that it is better to sign, than you may want to consider signing under
TDC. If you are forced to sign something, against your
"free will", it is slavery. The judge has no right to put you in jail for not signing a bad agreement.
However, you must be the one to decide to defend your "Rights". It seems that David Merrill has suggested a good fall back position. Of course, they may decide to put you in jail for modifying the their holy document. As you can see, almost anything that you sign will, sooner or later, put you in jail.
If the judge ruled against you there is no need for you to sign the order.
Get the
Rules of Civil, Criminal, Judical Precedure for your state. Get a copy of your
states Constitution from your Secretary of State, ASAP. You must respond very quickly (10 days?)to family court issues. The state seems to want to put men in jail.
http://www.gouldlaw.com/
Remember, this is not legal advice, however, it is lawful information.