10 W. Genesee St., Apt. 19
Baldwinsville, NY 13027
28 April 1999
Judge David Klim
Onondaga County Courthouse
401 Montgomery Street
Syracuse, NY 13202
Dear Judge Klim:
I have appeared in your Court regarding a Support Violation and also for a Modification of Support. You recently issued an order on March 9, 1999. Right now there is an appeal pending on this and also a recent order form Judge Bersani which relocated my son, Domenic, to California. I am writing you about my inability to make cash payments as required by your order – while still providing support to Domenic.
The last time I saw you I was in jail uniform as part of my peaceful effort to achieve an equal relationship with my child and bring reform to the system. While you are required to assume the earlier judgments from Judge Major and Bersani represent justice (and are to provide a foundation for your rulings), I can not morally operate under such pretense. What I saw happen was just plain wrong. Those prior orders were procured falsely and there was professional misconduct. As a man with a moral conscience I can not let that go unchallenged. I have continued to watch my innocent child undergo needless turmoil and suffering.
Judge Klim, I want to make it clear I am not protesting your actions and I am certainly not trying to provoke you. You have been fair and your rulings follow the rule of precedence which I can understand and respect. I am stung by how much damage the system can do (and how hard it is to correct) once an unfair judgment is entered.
My personal finances have reached a state of crisis. Prior to the divorce I had started my own Company for personal growth and to have more time for family. Before Domenic was moved to California I was paying $60/week (which was roughly in line with my actual gross income of $16,000/year). The actual ordered amount was $120/week based on an “imputed” amount (which was based on a $40,000/year income). Judge Major felt my time would be better spent making more money for Domenic.
In January of this year, support was handed over to the “Collection Unit” and they demanded $120/week from my paycheck. I get paid every two weeks, after taxes it is $483.00. After deducting the $240.00, it would leave me about $240 or $480/month – it is impossible to survive on that. As owner of the Company I am not complying with the order. I have written the Collection Unit and provided tax returns and documentation to show I would be beneath the Self Support Reserve – but their computers continue on! I only got a brief letter from them saying I should file a “modification petition”.
At the same time I am watching my business waste over $1000/month in high interest payments because I am unable to secure a low rate loan (because of the judgments the system has placed against me) – how does Domenic benefit from any of this?
I will continue to support Domenic the best way I can. It is very expensive to see him in California. Judge Bersani said I could see him one weekend a month – it costs about $700 in expenses. I made the trip at the end of January and just finished another visit at the end of April. I must have the money to be able to visit him and provide him the parental support he needs and desires – there is no substitute for physical contact. I have “compromised” by not going every month.
My mother, now 83, has been wanting to make a visit to Italy (where she was born). I have been putting her off the last few years, always hoping this legal struggle would come to a fair conclusion. I cannot delay her any more. She still has 3 sisters and two brothers living and we are planning on going to visit this summer with Domenic. Judge Bersani gave me six weeks in the summer, and we hope to use the middle two weeks to make the visit. I have told her she will have to pay for Domenic’s air travel. I will try to share the other expenses with her.
I have attached a spreadsheet I put together to help me in planing my limited budget. I also need to become financially “stable”. My immediate concern is “collection”. I am afraid the computers will pull my drivers license and I will end up arrested. I live in Baldwinsville, my mother lives in Lyons, New York (there are no brothers or sisters), a car is essential. Does the Court have any power to ask the unit for your consent before taking any such action?
Judge Klim, I want to be honest with you about what is happening and why. I have tried to conduct myself with honor and integrity throughout this whole affair. I cannot comply with these payment orders and fulfill my support obligations to my family. I cannot comply (and give my moral consent) to an order based in fraudulent conduct. I understand your duty also. I am consulting with Mr. Stern for his advise as to future actions. I have met a lot of good people and have the Faith things will eventually all work out for the best.
CC: Mr. James Stern, Esq.
CC: Ms. Maureen
CC: Collection Unit