The judge went to sleep during the hearing!!!! (child support, attorney, support) - Parenting -Children, problems, school, daycare, behavior, age, teenagers, infants - City-Data Forum

jtjmom · 03-25-2009, 06:07 PM

OK, so this isn't exactly a parenting post, but it does have to do with a child support issue, plus I wasn't sure where else to put it, but here goes. Sorry it's so long.

DH has been paying child support faithfully (I'd beat him down if he didn't) for as long as we've been together, and of course before that, too. His son was 19... nearly 20... at the time, attending college full-time, and is still living at home. His daughter was 17.

In August of last year, his ex approached him, asking for a raise in the support, mainly because she wanted to buy a house. She was pretty upfront about that. She's... um... "disabled" (well, collecting long-term disability from her employer, anyway... they basically pay her not to come to work and get 'hurt' anymore...) and does not work, except for her LTD disability payments from her employer. She needed to be able to prove that she had income, and his child support obligation was scheduled to end entirely in January. He agreed to give her an additional $75 per paycheck, or $150 per month, as well as extend the payments as long as certain criteria were met. Those were the following: that the kids still lived with her, that they both remain in school full-time, and that they not get married. If any of these failed to be met, the support for the child that didn't meet the requirements would end. They both signed it, and it was filed.

There were some issues with getting the withholding correct, and he accrued a small arrearage because of it. During this time, the daughter moved in with us, then back out, then into inpatient rehab, turned 18, moved back home, then dropped out of school... kind of. When DH tried to find out if she was in school or not, DSD had his name removed from her records and told school administration not to give him any info. She's 18, so they had no choice. I guess she's supposed to be in a GED program now. Point being she wasn't living at home, and she's still not going to school full-time. In fact, we since found out that the only time she did go to school at all was when she was living with us.

We went to court to fight the arrearage, because if credited for the time the daughter did not meet the requirements of the agreement, there was no arrearage. The daughter will also be going to prison in June, so he was asking that the support paid for her be stopped as well. That would mean he will still be paying child support for his now 20 year old son until he's 22. Not educational assistance... CHILD SUPPORT. That's ok, though, as long as he gets his education, it's not an issue. He needs to get his degree, and DH is glad to help him.

Our lawyer handled things very well. We have no complaints there. He really did all he could do. During the testimony, though, the judge sctually fell asleep. Not figuratively... LITERALLY!!!!

As in he was nodding off while there was a witness on the stand. That's right... while our lawyer was interrogatin his ex about the daughter's living arrangements and school situation... the heart of our case... THE JUDGE WAS ACTUALLY ASLEEP!!!!

Then, as he issued his ruling that DH owed the arrearage in full, he also stated that he would not be help in contempt of court, because this was all so confusing. Really?

Maybe it wouldn't have been so confusing if he's have bothered to stay awake while the evidence was being presented!

After the hearing, our attorney apologized to us, because he forgot to tell us that this judge does this on a regular basis in afternoon hearings!

(There are not enough emoticons in the world... lol) Now, I find out that this same judge allowed a father unsupervised visits who had then supervised before, and the dad takes off with the kids! They're on the run now! Wonder if he was napping then, too...

How do we handle this? Any suggestions? Thanks for letting me rant... again... lol

~D

maciesmom · 03-25-2009, 07:37 PM

I would guess that there is a way to file a complaint. Speak with your attorney - depending on where you live it could be that until elections there isn't much to actually be done. I'd sure find out though!

jtjmom · 03-25-2009, 07:42 PM

He was just re-elected in November... that makes it even worse! I have contacted the reporter for the local newspaper who is covering the missing boys' story with this information, though... I'm hoping it will get looked into.

This judge is also the Presiding Judge over the family division, so I can't really go over his head locally.

Thanks for the reply!

~D

jtur88 · 03-26-2009, 05:18 AM

If this was a criminal case with a court-appointed defender, I bet he was asleep, too. However, on the other hand, the court-appointed defender is unlikely to spend enough time on the case to allow the judge to fall asleep.

stormy night · 03-26-2009, 05:52 AM

The media is a good idea, especially if you can find others who have had similar experiences with that judge.

Is there an appeals process for things like that? Seems your lawyer should have taken some responsibility in this since he knew firsthand the judge has a habit of falling asleep. Your lawyer, also should have the moral obligation to be aware that the judge was sleeping and awaken him during the hearing.

That's really amazing that your lawyer will sit there KNOWING the judge was asleep and continue as though he wasn't during the very time that would have made the most difference for your husband. It's almost like you paid him for nothing.

okpondlady · 03-26-2009, 12:07 PM

When I had my disability hearing last week the judge in my case fell asleep THREE times. My lawyer said if we don't get it approved she will appeal on the basis he is INCOMPITENT.

jtjmom · 03-26-2009, 01:15 PM

Thanks for all the support. I'm going to prepare an iReport, too. This is just ridiculous!

The lawyer was examining a witness while the judge fell asleep. He wasn't just sitting there, he was busy. The other attorney, however, WAS jsut sitting there! Of course, he didn't want the judge to hear what was being said...

Judge was nodding off, and was kind of in and out of it, and I think by the time the lawyer realized it, it was too late. I'm going to talk to him this afternoon about an appeal.

This is all so frustrating!!!!

On top of all of that, I tried to get a copy of the transcripts, so the case could be reviewed, and there was apparently no court reporter there, either, only the clerk... so no transcripts!

Pondlady, good luck on the disability. I hope you're able to get it done!

~D

SubaruFiend · 03-26-2009, 01:24 PM

TAKE IT TO THE MEDIA!!!!!!!!!!

Have a HEY day with it on the media! THEY will get your story out there and once the camera is trained on that judge all HELL will break loose on him!

That is the FIRST thing I'd EVER do if a judge did that to me! NO WAY is the upholding authority EVER going to get away with that where I Live! NO WAY!

Rickers · 03-26-2009, 02:17 PM

Someone should sneak in a video camera into the courtroom and get this guy snoozing during cases and post them on You Tube or send it to Americas Funniest Videos.

Rickers · 03-26-2009, 02:22 PM

I went to Night Court once to fight an unfair minor traffic ticket. There was a football game going on at the same time. The judge was letting folks wear sunglasses and chew gum, wear hats and even rest feet on seats in front. It was like a freaking circus. The bailiff kept the judge updated on the scores and the judge would announce the moves and scores to the court. Un freaking believable.