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April 09 Counter Ops: The Petition (Declassfied)
COUNTER OPS Case No. xxxxxxxxxx
Now comes
Marcus xxxxxx Vs Deborah xxxxxxxx
1. The Petitioner Acknowledges paternity Chapter 45(a) Utah Ann Code, of minor child and implore the courts to understand that the minor child Jhaniqua has lived with both the Petitioner and Respondent from the time she was born until Dec 7, 2005. Critical Time Frame Family Photos Medicaid Documents from Monroe County and Public Assistance. Household bills and utilities Household income and tax records Bank Statements
2. With careful thought the Respondent’s reluctance to divulge the whereabouts of the minor child to the petitioner, the Respondent has not made any attempt in contacting known points of contact to the Petitioner; to continue, The Respondent’s point of contacts were reluctant to divulge our minor child whereabouts. the Respondent’s family was and still is reluctant in telling me of our minor child whereabouts. If they had it there way the Petitioner would never have seen or spoken to our minor child's ever again and have not only shown that by not telling me where to find our minor child but also; by when the Petitioner's sister went to their door and them denying they heard from her which was not the case because she had used the petitioner’s phone to call her parents and her proctor parents before she left. Plus the police found that she had traveled to Utah and why wouldn’t she at least tell either family that she had arrived? The Petitioner did not know where their minor child was living and did not make a conscience effort not to call or find their minor child's. The Petitioner couldn’t call simply because the only point of contact he had was disconnected and like before her family were and still are reluctant in telling me anything about both the Respondent and minor child whereabouts and or status. The Respondent made a conscience effort in leaving NY state!
3. Both the Petitioner and Respondent were both residents of Rochester, NY and we both took care of minor child Jhaniuqa jointly in respect to domestic allocation of sharing child care costs, household bills & utilities and providing nourishment love and care for their minor child jointly. Family Pictures Utility & household records Asset records Employment records 4. The Respondent is indeed the biological mother; however, the minor child WAS NOT born in Weber county! The Petitioner is exercising his right under Utah Code 78b-14-301 to bring this proceeding to the court. In fact their minor child was born at Strong Memorial Hospital in Rochester, NY on February 5, 2003. Birth Certificate Acknowledgement of Paternity Two witness signatures 5. Indeed I am the biological father. Birth Certificate Family Photos 6. The Petitioner respectfully requests the Court to grant Joint Legal custody so that the Petitioner may take part in decision making choices regarding their minor child; in response to, the Respondent making a conscience effort to leave without notice or permission from the Petitioner and Respondent’s home in Rochester, NY 14621 on December 7, 2005. Tangible Documents and or Materials from Domestic property.
7, 8, 9. Again with respect, Made initial contact with the Respondent December 26, 2005 and she briefly let me speak to their minor child then quickly says she’s busy or does not have time terminating the transmission. She has made no effort in attempting to contact the Petitioner or his family even though on December 15th & 20, 2005 the Petitioner's sister Crystal has given residents at XXX W. XXXX S. Clearfield, Utah (the Respondent’s Parents) and XXXX S. XXXXXXXX Dr Roy, Utah (Mark & Angela XXXXXXX XXX.XXX.XXXX) the Petitioner's contact information and implored them to relay it to the Respondent. Mark & Angela XXXXXXX were the Respondent’s Proctor parents and having the Respondent reside with them while the Respondent was in the system. There’s a well documented fact of this in Davis County Juvenile records and indubitably the Respondent knows the individuals and they her because she called them on the Petitioners cell phone. The Petitioner has physically been at the residence of the Respondent’s Proctor at XXXX S. XXXXXXX Dr. Roy, Utah, a few times throughout 2002. Internet search on cell phone number yielded XXXX S. XXXXXXXX Dr Roy, Utah. Crystal XXXX has also relayed the Petitioner's communication information through to these individuals at the residence of both XXX W. XXXX S. Clearfield, Utah and XXXX S. XXXXXXXX Dr. Roy, Utah, to desperately get it to the Respondent. Again with the reluctance and these two phone numbers and contacts were the Petitioner's only link to the Respondent. Jan 2006. Received contact from the Respondent after trying for 3 days (585 area code). The Respondent agreed verbally to have Jhaniqua spend the summers with me in NY, that the traveling expenses for Jhaniqua will be shared or deducted from child support and to claim her on the Petitioner's taxes every even year. Again I could only speak to Jhaniqua briefly because the Respondent would claim she’s busy and has to go. Attempts from Jan 2006 - March 2006 it was all the same, initial conversations that were brief and interrupted on the Respondent’s behalf In between these communications the Respondent and the Petitioner have spoken to each other and the Petitioner relayed contact information to his mother Christine XXXX of Salt Lake City. March 2006 the Respondent’s phone number is disconnected; thus, severing the only direct line the Petitioner had to the Respondent. From March 2006 to December 2007, The Petitioner attempted to send emails and or place calls to both her parents & proctor parents to a blind eye and a deaf ear.
XXXXXXXXXX@netscape.net (the Respondent’s Father & Mother e-mail contact) Sent 11/9/2007 6:30 PM Its wrong for you not to relay the Petitioner's message... I know where you guys are at. All I want to do is see my daughter. Can you please tell your daughter the XXXX X XXXXX to contact me ASAP... Its very important regarding her healthcare coverage. XXXXXXXXX@netscape.net (the Respondent’s Father & Mother e-mail contact) & XXXXXXXXX@comcast.net (the Respondent’s Proctor Parents e-mail contact) Sent (9/21/2007 3:16 PM) Please have the XXXXXXXX respond to this ASAP... Regards, The Respondent has been living in UT for a number of years and has made no effort in having the minor child Jhaniqua see the Petitioner’s mother; to continue, The Petitioner’s mother has not changed her contact information in over 7 years. March 2008 the Petitioner made contact with the Respondent through web search and the Respondent agreed verbally to have Jhaniqua spend the summers with me in NY, that the traveling expenses for Jhaniqua will be shared or deducted from child support and to claim her on the Petitioner's taxes every even year. Again like before a brief conversation with Jhaniqua that would be interrupted on the Respondents behalf.
From March 2008 - July 2008 The Petitioner has spoken to Jhaniqua a few times. These few times were often scarce due to Respondents reluctance to let the Petitioner speak with their minor child Jhaniqua more often.
August 2008 the web search phone number to the Respondent link was disconnected.
From August 2008 to January, 2009 and after searching by the only means the Petitioner can which led him to the Respondent after the link was severed then August 2008. A web search indicated movement and at the same time XXXXXXX who is the Petitioner‘s ORS worker for Davis County is no longer on the case. The Petitioner has been working with her to rid the NY State Offset program; so respectfully he can pay bills on time, not get evicted from the residence, and keep the NYS drivers license, then the case is transferred to Weber County.
That let the Respondent to concentrate his research in Weber County, Utah and the Respondent found possible contact information through Weber County public records which led him to the XXXXXXX family and ORS Case XXXXXXXXXX now comes XXXXXXXXXX .
Researching the XXXXXXX family online and cross referencing it to the Respondent; thus, XXXXXX E XXXX S, Huntsville, UT. The Respondent used a primitive search pattern on Huntsville, Utah’s demographics on schools. The fact stands that Respondent lives in Huntsville, Utah and the school is within 10 miles of the residence. XXXXX XXXXX Elementary School’s Phone book capitulates: XXXXXX XX XXXXX XXXX E XXXX S Huntsville 84317 XXX.XXX.XXXX; thus, completing the link to the Respondent. February 5, 2009 the Petitioner called the number at the Property and the Respondent answered. The Respondent agreed verbally to have Jhaniqua spend the summers with me in NY, that the traveling expenses for Jhaniqua will be shared or deducted from child support and to claim her on the Petitioner's taxes every even year. That day the Petitioner spoke to Jhaniqua for over 30 minutes without interruption. From February 5, 2009 to February 20, 2009, the Respondent would briefly let the Petitioner speak to Jhaniqua due to the fact that the Respondent had claimed she had to go. March 3, 2009 Layton Hills Mall, Layton, Utah The Respondent and their Minor Child were there and for the first time had Jhaniqua see the other side of her family since 2007. The Petitioner was also there to bond with Jhaniqua because of their brief interrupted conversations over the years and with the Respondent “sheltering” her from the Petitioner; thus, “pushing” her away from the Petitioner. The Respondent agreed verbally to have Jhaniqua spend the summers with me in NY, that the traveling expenses for Jhaniqua will be shared or deducted from child support and to claim her on the Petitioner's taxes every even year and to meet again at the mall the following day March 4, 2009. 10. The minor child was born in the state of NY. [Domestic Relations Article 5-1 Title 1 subtitle 75-E NY Law:]
75-e. Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 75-g of this title or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified or except to the extent that enforcement of an order would violate subdivision 1-c of section 240 of this chapter or section 1085 of the family court act. She made a choice to leave the state of NY without a word, permission or utterance; thus, severing the link and bond the Petitioner had to Jhaniqua. The Petitioner and the Respondent lived in the state of NY together from February 1, 2003 - December 7, 2005. Domestic Relations Article 5-1 Title 1 Sub Title 75-I: § 75-i. Communication between courts. 1. A court of this state may communicate and, pursuant to subdivision four of section seventy-six-c, subdivision two of section seventy-six-e and section seventy-seven-f of this article, must communicate, with a court in another state concerning a proceeding arising under this article. 2. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. 3. Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. 4. Except as otherwise provided in subdivision three of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. 5. For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. The Petitioner has Petitioned the NY courts for custody, administrative child support review and visitation in 2007 and 2008, all were dismissed due to the Petitioner needed to bring all matter’s relevant to the petition to a court where child support Case No. XXXXXXXX originated then case worker XXXXXX of Davis County June 2006 and also the location of then the Respondent XXXXXXX. Also the Respondent was on Public assistance in Monroe County from 2003 - 2006, I ask the court in reference to DOM Article 5-1 Title 1 sub 75i to communicate with Monroe County Clerk Cheryl Dionolfo’s office thus validating the Respondent’s New York State residency. Domestic Relations Article 5-A Title 1 Sub Title 75-J; New York Law: § 75-j. Taking testimony in another state. 1. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. 2. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony and the procedures to be followed by the persons taking such deposition or testimony. Any such testimony or deposition shall be recorded and preserved for transcription. 3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. Also the Petitioner beseech the courts to also contact the Rochester Police Department where the Petitioner called local police to report Jhaniqua R. XXXXX, the Respondent and all; all, of the items missing from their home. The Rochester Police Department dispatched an officer who came to the residence of XXX XXXXX St. Rochester, NY in the evening of December 7, 2005, county dispatch records if obtained will reveal this hard and difficult fact to articulate that the Petitioner’s family and items all missing. Dispatch records will substantiate this fact but the matter was not pursued due to the fact that both the Petitioner and Respondent lived at XXX XXXXX St. Rochester, NY and no custody order then and until now. 11. The Petitioner asks the courts to have both the Petitioner and the Respondent in sharing traveling expenses for their minor child and or to have traveling expenses for the minor child deducted from arrears child support on the Petitioner‘s behalf. 12. The Respondent is married and currently living with her husbands parents in their basement at property XXXX E. XXXX S. in Huntsville, Utah. The fact has been and is now, that at times when the Petitioner had no employment, physically and legally responsible for two minor children of his own to support, child support was still due, the Petitioner had to make ends meet; respectively, the Respondent should do the same. The Respondent decided to leave the state of NY and “start over” if one calls what she did by leaving the state to begin with; thus, knowing full well of her own financial means and had ample time to plan ahead for times of unemployment as the Petitioner had then and is now. 13. The Earnings information regarding the Petitioner and Respondent supported by employer statements, tax returns, pay check stubs, year-to-date earnings, or records maintained by the Department of Workforce Services indicates minimum level of support required by Utah’s Child Support Guidelines pursuant to Utah code Annotated 78B-12-201 through 78B-12-219. NY Offset Program garnishes + $200 of current support order. ORS Case No. XXXXXXXX is $249 per month and with NY Offset program it is $449 with immediate asset freeze and suspension of NY drivers license. The Petitioner has petitioned NY courts for change several times at which each Judge told the Petitioner that he needs to take the matter to a court with original jurisdiction. The Petitioner has year-to-date earnings reports as well as tax records to show the courts that he no longer makes the income as he did back in 2006. That led the Petitioner to XXXXXX XXXX with Davis County ORS who eliminated the NY Offset Program so that he can pay the state of Utah directly for then current child support order Case No. XXXXXXX September 2007. The Petitioner asks the court to asses both the Petitioner and Respondents household income as the Petitioner did for the new child support revisions, these revisions are in accordance to Utah code Annotated 78B-12-201 through 78B-12-219 but these revisions lack the Respondents household income. The fact stands, that the recalculated Child Support order reflects the Petitioners year-to-date household income in accordance to 78B-12-201 - 78B-12-219 Utah Ann Code. 14. From 2006 to present time the Respondent has worked and neglected to inform ORS of any new relocation or income changes greater than 33%. Tax returns, consumer reports and records from the Department of Workforce Services from ORS’s investigation substantiates this fact; thus, she withheld information from government agencies when receiving Child Support from the state of Utah. Thus the Petitioner is appealing that an adjustment to the arrears child support order be made by looking at past tax records of then the Respondent XXXXXX now the Respondent XXXXX to adjustment fairly and justly. Also seeing that at the time ORS did not know she was married and thus did not adjust for her new household income by not only looking at her past income but her household’s as well just as ORS has done with the Petitioner‘s household income to recalculate minimum support granted Case No. XXXXXXX. The Respondent has been married since 2007 and the Petitioner politely request that the courts change the respondents name on Case No. XXXXXXXXXX to the Respondent XXXXXXXX. The Respondent has claimed Jhaniqua on her tax returns since she left the Petitioner asks the courts to allow the Petitioner to claim Jhaniqua on his tax returns for the next 4 years and then even years after which. Doing this will benefit both parties because after the first year the Petitioner will be able to claim Jhaniqua on his taxes the Federal Offset program will grant ORS the remaining balance arrears balance Case No. XXXXXXXXX. I also ask that if the courts decide to split the refund, the Petitioner get back ½ of all past refunds for Jhaniqua that respondent received in the past 4 years by payment installments or it be subtracted from arrears child support on Case No. XXXXXXXX.
15. The Respondent claims she’s unable to work, why would she need a baby sitter for Jhaniqua? When she does return to work, child support should be recalculated to reflect both the Petitioner and Respondents current living conditions and household income; to continue, when the Respondent returns to work, any child care expenses incurred to the Petitioner should be deducted from child support order. Or child can be continued to be watched by her grandmother on Respondents side or by Respondents mother in law as usual. 16. I believe Jhaniqua is on Medicaid in the state of Utah. I ask the courts to commission and investigation into the Respondent’s public assistance grants, medical, food, to verify if she is in fact on Public assistance; and if true, the case evaluated due to the fact that at some point she returned to work while receiving child support that isn’t recalculated, is married, does not live where she is leading everyone to believe and is not living in poverty. Title 63G-11-104 Utah Ann Code: The Petitioner also asks the courts to query child support payments to the Respondent and scrutinize if it is indeed benefiting the child and not the Respondent. The Petitioner ask that because when seeing the minor child and speaking with Respondent; it was let known, that all her clothes were hand me downs from her sister XXXXXX. I am not saying that there is anything wrong with that but which is more important a child having a four wheeler or clothes not frivolous things like four wheelers, and payments on a truck she will not be able to drive until she‘s at least 16 years old. 17. The Respondent knew full well of her own financial situation, means, or lack there of and made a conscience decision to hire an attorney when the fact stands, the Respondent knew she couldn’t afford one. Let the truth stand that the Respondent hired XX XXXXX at least two days before the Petitioner filed court documents and that the Petitioner also cannot afford an attorney and did not hire one. Wherefore, the Petitioner respectfully requests the following stipulations: 1. The Petitioner implores the courts to acknowledge the above facts that reflect the Respondents reluctance to maintaining communication with the Petitioner and their minor child. That it should be taken into consideration that the Respondent has withheld financial information changes to government agencies when receiving benefits and or Child Support, that ORS’s own investigation into both the Petitioner and Respondents income be considered; thus, maintaining XXX X XXXXX assessment into the minimum child support with respect to Utah Child Support Guidelines pursuant to Utah code Annotated 78B-12-201 through 78B-12-219. 2. In reference to Domestic Relations Article 5-1 Title 1 Sub Title 75-I; NY Law: that the minor child was born in the state of NY at Strong Memorial Hospital and both the Petitioner and Respondent resided in the state of NY together and the Petitioner requests the courts to reference DOM Article 5-1 title 1 Subtitle 75-I to communicate with NY courts and county records to establish residency on the Respondent. 3. In reference to DOM Article 5-1 Title 1 Subtitle 75-E; NY Law: since there was no established custody in the state of NY or UT and since both the Petitioner and Respondent resided in the state of NY; they both have the same rights when it comes to their minor Child. Because the Respondent made a conscience choice to leave and thus stripping the Petitioner’s physical rights over their minor child… The Petitioner request that the court grant Joint Legal custody so that the Petitioner can be involved in decision making choices regarding their minor Child. The Petitioner also request the court grant Joint Physical custody with the exception that the minor child Jhaniqua can still live in the state of Utah and still attend school in the state of Utah but spend the summers and two major holidays with the Petitioner respectfully. Also, that the Respondent cannot move out of the state of Utah without notifying the Petitioner and the courts. 4. Over the years the Petitioner has been cut short when attempting to establish a bond with the minor child in part on the Respondents schedule, being too busy, or being just vindictive towards the Petitioner when requesting more time; thus, sheltering any bond the Petitioner has established with their minor child. The Petitioner also requests the relocation statute 30-3-35 (Utah ann code) be relinquished in this preceding because the Petitioner has been cut short from the minor child over the years and is by no means capable to moving to the state of Utah. The Petitioner lives in the state of NY and DOM Article 5-1 Title 1 Subtitle 75-I should be considered since both the Petitioner and Respondent lived in the state of NY for over 2 years before the respondent decided to leave with our minor child without notice. 5. Parent time should be granted in both the State of NY and the state of UT simply because the minor child has lived in NY and has a lot of family that miss her. The Respondent should pay traveling expenses to NY for parent time just as the Petitioner has already traveled to UT for parent time; which was interrupted prematurely on the Respondents behalf and reluctance to extend the Petitioner’s visits. The Petitioner also requests the courts to consider, that the Respondent should pay for return travel expenses for their minor child Jhaniqua and that the Petitioner should pay for acquiring the minor child Jhaniqua. 6. Child Support Guidelines pursuant to Utah code Annotated 78B-12-201 through 78B-12-219 states minimum child support obligation be granted. ORS’s own investigation proves this referencing Case No. XXXXXXXX. 7. From 2006 to present time the Respondent has worked and neglected to inform ORS of any new relocation or income changes greater than 33%. Tax returns, consumer reports and records from the Department of Workforce Services from ORS’s investigation substantiates this fact; thus, she withheld information from government agencies allegedly receiving benefits in violation of 63G-11-104 Utah Ann Code. The Respondent has also claimed Jhaniqua on her tax return for over 4 years and also received tax offsets from the Petitioner. The Petitioner requests the courts to grant him tax deductions for minor child for the next 4 years and even years after which. 8. If and when the Respondent returns to work she will have her or her husbands grandparents watch the minor child as they have been doing for over 4 years. If there is a daycare I request the courts audit that day care to make sure it has no XXXXXX or XXXXXXX’s family ties as the Petitioner suspects they will overcharge. 9. The Respondent hired XX XXXXX at least a two days before and the Petitioner served XX XXXX court papers March. 5th 2009. On March 4th, 2009 the Responded was not at Layton Hills mall she was at XX XXXXX’s office; to continue, the Respondent knew full well of her own financial situation or lack there of. The Petitioners defense is that the Respondent should have exercised her better financial judgment and not hire an attorney when she knew she could not afford one to begin with.
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