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Friday, May 19, 2006
BY ROBERT SCHWANEBERG
Star-Ledger Staff
Paul Gac’s 1987 Morris County divorce decree did not entitle him to visitation with his two children, but he tried to keep up a relationship, sending them occasional gifts and letters.
In 1994, he got a package containing many of those cards and checks, along with a letter from his daughter Alyssa, then 16.
“We don’t want anything to do with you,” she wrote.
Nonetheless, Gac continued paying child support, seeking to end it only after Alyssa graduated from Quinnipiac College in Connecticut, where she had enrolled without asking for his advice or financial assistance.
Yesterday, the New Jersey Supreme Court overturned an appeals court ruling requiring Gac to contribute $20,000 to paying off Alyssa’s student loans.
Justice John Wallace, who wrote the top court’s 7-0 opinion, said the failure of either Alyssa or her mother to ask Gac to contribute to the girl’s college tuition until after her graduation “weighs heavily against ordering him to contribute.”
“At a minimum, a parent or child seeking contribution should initiate the application to the court before the expenses are incurred,” Wallace wrote.
The justices based their decision on the “unusual circumstances” of the case. The court reaffirmed rules it fashioned in 1982 for determining when divorced parents must pay for their children’s college educations, but said those rules had been misapplied in this case.
Gac, a paramedic with the Philadelphia Fire Department, was “very pleased with the outcome.”
“I think we did some good for fathers’ rights,” he said.
His lawyer, William Courtney, said the ruling should put an end to courts ordering a divorced parent to pay college bills “after the fact.”
“It happens more times than you would think,” said Courtney, who practices matrimonial law in Morristown and Flemington. “One parent’s left out. The other parent just makes plans and expects the other parent to pay.”
According to the ruling, Alyssa “never consulted or otherwise communicated with her father before choosing Quinnipiac College, a relatively expensive private school.”
On financial aid applications, she wrote that “her father was not a part of her life, he was not assisting in her college education, and his whereabouts were unknown,” Wallace wrote. He noted that at the time, Gac was continuing to pay child support for Alyssa and her older brother, Justin, who informed his father that Alyssa was attending Quinnipiac.
After she graduated in May 2000, Gac filed a motion to end support for both children. By then, Justin was 25 and Alyssa was 22. Alyssa’s mother, Gaynell, fought it and sought help paying off Alyssa’s $70,000 in student loans and interest.
A judge who blamed Gac for his daughter’s alienation ordered him to pay half, but a state appeals court directed a new hearing, which reduced his obligation to $28,000. A second appeal cut that to $20,000, to be paid at the rate of $225 a month — the same amount he had been paying in child support.
That appeals court said the mother cannot work because of a long-term disability and that Alyssa wanted no contact with her father, and did not consult with him about her college plans, “because she remained ’scared’ of him.”
In yesterday’s decision overturning that award, Wallace wrote that Gac was denied any chance to help select Alyssa’s college or to “plan for his own financial future.” He noted that Gac became the stepfather of two children when he remarried in 1989 and that in 1994 he and his new wife had a daughter.
The justices declined to consider Gac’s argument that it is unconstitutional to require divorced parents to finance their children’s higher education without requiring the same of parents who remain together.
The mother’s lawyer, Gerard Fallon of Hackensack, died since arguing her case in January, according to his office. According to court records, Gaynell Gac moved with her daughter to Vermont in 1994. Neither could be located yesterday.
19 responses so far ↓
1 Jim Deeny // May 19, 2006 at 10:32 am
Dad is not a role model to theives and crooks like the daughter and mother, he’s a walking bank and thanks to our current system. These women are TRASH and I hope her 70k education gets her flipping pizza’s for the rest of her miserable life!
2 Jim Deeny // May 19, 2006 at 2:25 pm
This whole thing pisses me off. They don’t want nothing to do with the father but yet they’ll suck him dry and it’s totally legalized extortion. This is a prime example of where our societies mindset is at. I’m glad he was spared, but the reality of it is there are millions like him that were not. Some even went to jail and lost EVERYTHING that they had. If I would see this girl and mother TEAM out on the street, in a coffee shop I would be enticed to do something that they would remember the rest of her lives!
3 ericbmohr // May 19, 2006 at 4:41 pm
The girl can’t stand her father, but wants money. WHo the hell do you think put that into her head?! It is so sad when a father loses a child like that.
4 Kevin Merck // May 19, 2006 at 5:13 pm
[The justices declined to consider Gac’s argument that it is unconstitutional to require divorced parents to finance their children’s higher education without requiring the same of parents who remain together.]
Since when are parents required to send their children to college?
Maybe it’s since the court can bill the taxpayers for the collection of the tuition they conveniently label as “child supportâ€.
No wonder they declined to consider the argument. They wouldn’t want to shed any light on their criminal activities.
Kevin Merck
5 Jim Deeny // May 19, 2006 at 6:05 pm
EXACTLY KEVIN!!
6 angelc20 // May 19, 2006 at 7:05 pm
It is very sad to see how eveil women can be. It is sad that these judges fail to comply with the family laws even though the laws are convoluted and unequal and unjust.
It is irresponsible for all men to allow this crap to go on. We need to change the laws. We men have to fight for a change in the laws. We don’t have to take this. We need to eaqualize the laws and force shared parenting and shared laibility of child support by both parents. We need to fight for our kids and all men. We need to regain our manhood and not let these legislatures and judges abuse us anymore.
Isn’t ironic that illegla immigrants cna obtain government benefits but fathers of kids are treated like criminals.
We need a revolution. Our representatives are screwing us. We need to bitch, call them, and write letters every week demanding a change. Do it. Men we need to network and organize mass movements.
Later Dudes. Stop being Pussies. Take Political Action
7 Jim Deeny // May 19, 2006 at 7:38 pm
There is a reverse love logic to this.
My daughter loves coming home and doing the chores around the house.
We plant the garden together and look forward to the seeds we sew.
We plant flowers and mow the lawn together, she loves it.
In retrospect: There’s things money can’t buy. Being a broke dad has it’s amenities!
8 Ron Rutgers // May 19, 2006 at 10:42 pm
The laws are only one of the problems. A bigger problem is oversite of judges and lawyers. As long as they answer only to those in their own ranks, they are free to do as they please. In criminal cases where there is press coverage laws tend to be followed.
In 1990, the State of Oregon was making a lot of noise in the press about not having jail space. They were giving tickets for grand theft auto. I had a judgement against me for half of the house. My ex assigned this to her lawyer for legal fees, but she bolted before she signed off on the house. It came due about the same time the State of California ran their extortion scam against me. So I waited to see how her ex-shyster was going to deal with it.
I finally get a letter from him claiming he had represented the petitioner, identified me as the petitioner, and there was a judgement due him. No mention of the house. Next I get a letter from my ex-shyster, who had received a copy of his letter. It’s a copy of one he sent him, where he reminds him that he was the one who had represented me. So I file a complaint with the bar, expaining exactly how he was going to play this. What transpires is close to what I state in my complaint , with one exception.
That exception is that I’m served a summons by another lawyer to bring my financial records to the courthouse. I find out later that this lawyer is his girlfriend. This mangina has to have the skank he’s boning do his dirty work.
So I go to the courthouse, without my records. This necessitates having to go see a judge. It turns out to be the same pimp who signed an ex parte restraining order against me, and allows my ex to hijack my petition. He gives me a week to get my records, or do six months.
So I go home, pack and store my stuff, and return a week later. I tell the skank, I’ll do the six months. The pimp then tells me he can sentence me for civil contempt with an indefinite sentence, which he does. I get a copy of the complaint in jail, and it states that my ex’s lawyer had represented me.
They have to bring me back to court once a week to see if I’ve changed my mind. I make one appearance, and let it be known that wouldn’t happen. They let me out after 11 days, no doubt to avoid any press exposure.
If you commit a felony, it’s a ticket and probation. A quasi-criminal offence, it’s jail time. A crime against the general public, and there”s no room in jail, a non crime against a lawyer and there’s all the room in the world.
I get home and receive my reply from the bar, and they refuse to pursue it He claims he was confused, so it’s all good as long as they claim incompetence.
9 Kevin Merck // May 20, 2006 at 8:41 am
The sad part is that sometimes you can stand up to them and force them to back down and retreat with their tail between their legs, but all they do is claim incompetence and they are no worse off.
Yet, in the meantime they have violated your constitutional rights, illegally thrown you in jail, needlessly disrupted your life, put your life in danger, cost you an indignity that can never be repaid, and then, just walk away unpunished for their crimes.
What is to stop these criminals from repeatedly committing these crimes against the people? Most people are cowed by their tactics and submit to whatever demands are made of them. How else can you account for the actions of a father who relinquishes his children, pays extortion for the “privilege†of “visiting†them, and submits to whatever else the courts see fit, or face the prospect of permanent separation from his children and/or incarceration.
10 Ron Rutgers // May 20, 2006 at 12:28 pm
There’s an organisation called jail4judges that trying to make judges accountable to the people. Here’s a link to their website and an excerpt.
http://www.jail4judges.org/index.html
The Judicial Accountability Initiative Law, J.A.I.L., is a single-issue national grassroots organization designed to end the rampant and pervasive judicial corruption in the legal system of the United States. J.A.I.L. recognizes this can be achieved only through making the Judicial Branch of government answerable and accountable to an entity other than itself. At this time it isn’t, resulting in the judiciary’s arbitrary abuse of the doctrine of judicial immunity, leaving the People without recourse when their inherent rights are violated by judges.
11 reedwrite // May 21, 2006 at 1:23 pm
Hey guys, sorry I’m late to the debate. Been reading your comments for some time since dropping out of the meatgrinder. She abducted the kids 8 years ago. Found them a year ago and fought like hell. One is completely alienated. The younger wants to see me so the judge finally agreed to visits in therapy. The rabid feminist also said she wants me to pay for my own therapist to help me adjust to losing my kids and the injustice I’ve received. It’ll never happen. She refuses to investigate the abduction, claiming, quote “the truth is irrellivent and would only cloud the issuesâ€, or bring any sanctions against the angry sociopath mom. She took away every constitutional right except the right to remain silent.
I finally decided to stop paying the support. That ought to get their attention. I filed contempt charges and a $100,000 civil suit against the mother for pain and suffering. I am now pro se since the $25,000 already spent is all my savings. I’ve filed a complaint with California Commission on Judicial Performance to bring fire on the judgess and an appeal of her ruling. Although I’m prepared to go to jail, I’d rather not. Never been there; never commited a crime in my life. What’s it like and is there a way to avoid it? My business is real estate development and everything is in the name of others so they can’t touch my assets. I have the resources to continue this travesty, but don’t want to. I may just drop under the radar and go outlaw rather than prison.
Whatcha think guys. Sounds like you’ve been at this a while. Any suggestions? I’ve gotten certified as a Breakthrough Parenting instructor and am considering organizing civil unrest using the class as a base. Teach others how to fight back and attack the court in numbers with protests. Can’t very well do that from jail, though. Anyway, if anyone knows of a revolution forming under this banner, I’m in. They taken away my reasons for breathing so it doesn’t matter if I lose the ability. As one of my ancesters once said “Give me liberty or give me deathâ€. But don’t send me to jail…I don’t do well in a cage.
Talk soon, the irreverent rebel…Spike
12 JSnow // May 22, 2006 at 8:31 am
>>The justices declined to consider Gac’s argument that it is unconstitutional to require divorced parents to finance their children’s higher education without requiring the same of parents who remain together.
13 Jim Deeny // May 22, 2006 at 5:03 pm
You think that this is bad, “Parental liabilities” are going to skyrocket!
If you have a son or daughter that’s under 18 years of age you might get wacked to child support if one of them have a child. So, theoretically, the grandparents will pay support. This is true stuff, Wisconsin is the first state to do this! BEWARE!
14 Jim Deeny // May 22, 2006 at 5:04 pm
It doesn’t matter if you’re the custodial parent or not!
15 reedwrite // May 23, 2006 at 12:14 am
No shit, Jim! Can they do that? Next they’re going to make the father support a bastard child when his ex gets knocked up. This stuff is like falling through the looking glass. None of it makes any sense.
16 Jim Deeny // May 23, 2006 at 3:50 am
I guess they can Spike. I read about it in the magazine Better Home and Garden, I swear. I don’t recall the issue because I was at the hospital reading it. Just so happened the subject also found it’s way into the local talk radio show with a guy named Bob Durgin and he talked about it and also had an attorney on there saying it’s true. I think that America’s congress and Senate are tired of footing the bill for allot of things, and soon we as parents are going to have to do it soon. I would think that too many kids suck on welfare because they have babies before they’re 18. So one way to make budget cuts on welfare is to make someone liable, even if it’s the grandparent in this case.
17 michael1259x // May 23, 2006 at 4:54 pm
HELP……………………!!!!!!!
EX WIFE IS DOING THE SAME TO ME
DAUGHTER SIGNED UP FOR IVY LEAGUE SCHOOL AND NEVER TOLD ME AND NOW WANTS ME TO PAY FOR IT
SAMANTHA TOLD ME NOT TO COME AROUND HER THREE YEARS AGO I HAVE NOT HEARD A WORD FROM EITHER OF MY DAUGHTERS
THE ONLY DIFFERENCE WITH ME IS I HAVE VISITION RIGHTS THAT THE MOTHER HAS DENIED ME FOR YEARS NOW
MOTHER TOLD THEM I WAS NO GOOD
IN THE MEAN TIME SHE IS OUT GETTING DRUNK AND HAVING BAR FIGHTS
MOTHER HAS BEEN ARRESTED FOR ASSULT AND DRUNK DRIVING AND STILL GOT COSTUDY OF THE CHILDREN
18 reedwrite // May 23, 2006 at 11:39 pm
Michael, you stole my story! My daughter, Samantha, graduates this year and heads for Yale. I found her after eight years of searching and she will only cuss and scream at me. I bet she’ll be asking for cash before long. My other daughter, Olivia, wants to see me despite the alienation, but her mother continues to hide her with the blessing of the state of CA. Mom has two recent DUI’s and is being sued for hitting another woman with a beer bottle in a bar. I’ve been fighting the courts for a year now, to no avail. They won’t honor my visitation order or the court order that the mother not leave the state of Colorado. Since she abducted the kids so long ago, the court will only let me see Olivia in a therapist’s office. Better than nothing, I guess. I have dreams of the bitch duct taped to a chair and me with a Sawsall. Just dreams, but they keep me sane through all this madness.
Good luck with my life, you can have it! Spike
19 DeAnn // Nov 2, 2006 at 11:51 pm
I don’t have the exact story, but my husband pays his child support religiously and his 14 year old daughter will not visit him. We had plans of a Christmas visit last year and at the last minute MOM called and said the daughter decided not to go. Now, nearly a year later still no contact or visit. If my husband stops paying child support he will go to jail, but if we go to the expense of hiring an attorney to try to have mom found in contempt for keeping the child from her father and actively seeking to alienate dad from his daughters life the courts will likely not impose any serious reprocution even if the Court rules mom is in fact in contempt. What can a father do? I am a legal assistant and in my experiance the Court rarely even orders MOM to reimburse dad for legal expenses. Does anyone have any advise?
Thanks, DeAnn (fineladydot@yahoo.com)
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