FACT #6

FACT #6: VIOLATION AMERICAN’S DISABILITY ACT DISABLED 12/10/98: DENIED DOWNWARD CHILD SUPPORT MODIFICATION for THREE YEARS. CHILD SUPPORT MODIFIED 11/7/01, OVERPAID $15,000

FRCP 60(b) 1-6, Immunity does not exist to States that accept federal money, nor does immunity exist with violations of the Fourteenth Amendment, and ADA. Disabled persons are a class protected under International and Federal Laws, including the International Conventions for the Protection of Disabled persons and Americans with Disability Act:

January 4, 1999, CM letter to the “Friend of the Court,” Susan Thorman Esq., Judicial Service Officer:

  • I am off work indefinitely per Doctor Miller’s order. [  . . .  ] I have been continually denied due process and at every turn had acts of nonfeasance inflicted upon me. It has been over three-and-a-half years without full  (financial) disclosure, evidentiary hearings, discovery, or unanswered interrogatories so a fair, proper and equitable evidentiary hearing, with all the facts and full disclosure, may be conducted. Friend of the court personnel have repeatedly refused and failed to perform their clear legal duties in ensuring that all parties receive an equal application of the law and follow the clear guidelines in making their determinations.
  • The Friend of the Court Act, 552.517a. Sec. 17a:  The office (Friend of the Court) shall make available to payer’s form motions, responses, and orders for use by the payer in requesting the court to modify his or her child support order, or in responding to a motion for support modification without the assistance of legal counsel. The office shall make available instructions on preparing and filing the forms, instructions on service of process, and instructions on scheduling a support modification hearing.

 

January 4, 1999: Friend of the Court, Susan Thorman, Esq., Judicial Service Officer, responded immediately by issuing:

  • Petition and Order to Show Cause for Contempt (Child Support), scheduled January 19, 1999, in Judge Maceroni’s court.

 

January 19, 1999:  Chief Judge Maceroni, Court Transcript:

  • PERAKIS: We would ask you if, if jail is necessary, put her in jail. [  . . .  ] She’s playing the game hoping that she would eventually be able to have a good excuse to not work.
  • CHRISTINE: Objection. I have doctor’s documentation.

 

Judge Maceroni Court Order After Show Cause Hearing for Nonpayment of Support:

  • Defendant to pay $1,343 on or before 1/29/99 and remaining child support balance on or before 2/26/99 or serve 30 days in Macomb County jail.
  • Defendant responsible for medical bills assessed to account as of today, one-year submission rule required by FOC is abated. Defendant’s portion is 50%.

 

May 3, 1999: Chief Judge Maceroni Court Transcript:

  • CHRISTINE: Okay, on the 4th of January (1999), I gave the Friend of the Court a letter, and on (paragraph) number 13, it said that I had a doctor’s letter, and I was indefinitely off work. Would you like to see that?
  • MACERONI: This is your letter?
  • CHRISTINE: To the Friend of the Court.
  • MACERONI: To the Friend of the Court. All right. I’ll agree that paragraph 13 states, Further, defendant is off work indefinitely by Dr. Miller’s order.
  • CHRISTINE: And the second to the last page, there should be Dr. Miller’s—
  • MACERONI: I have that already. I have a disability certificate dated January 26 of ‘99.

 

May 12, 1999: Christine letter to the Friend of the Court, (no response):  Notice and presentation of substantiated evidence in support of defendant’s disability with a request to process disability and modify child support.

 July 14, 1999: Chief Judge Maceroni, NO BOND BENCH WARRANT:  

  • MACERONI: For the record, that is for contempt of court, so there will be no bond that will be set. She will be arrested and brought to this court forthwith.

 

July 17, 1999: Friend of the Court, Susan Thorman, Esq., Judicial Service Officer:

  • Dear Judge Maceroni:  On May 11, 1999, I had a show cause in front of you regarding the nonpayment of support on this file. [  . . .  ] You indicated, on the record, on May 11, 1999, that if the woman was wrong regarding her objections (12/98 disability), she would be going to jail. [  . . .  ] You have decided twice that her claim of disability is false or fraudulent because we were receiving Income Withholding payments (paycheck shows sick/vacation time paid to FOC) during the same time that she claimed disability.[ . . .  ] Also, the doctor’s statements that she provided were not adequate.
  • February 4, 2000: FOC Susan Thorman, Esq., Judicial Service Officer:
  • My response to the two issues you pose: our office cannot enforce visitation rights [. . . ] and no administrative adjustment on the support account will be forthcoming based upon your client’s disability.

     

October 5, 2000: Friend of the Court, Susan Thorman, Esq., Judicial Service Office:

  • As I discussed with Mr. McKinney (my attorney), the Friend of the Court has a procedure for temporarily reducing support, which is afforded an individual upon their request and proof and which would not require them to file a motion for reduction. The specific requirements are a doctor’s statement with specific time periods and a specific medical diagnosis. On May 11, 1999, Judge Maceroni found that the disability certificate dated January 26, 1999, which stated that Ms. Morrison was off work “indefinitely” and secondly, the letter from Dr. Miller dated January 14, 1999, stated she would be off indefinitely “due to a specific medical problem requiring this type of advice” was not sufficient.