News: Fathers’ Rights, Child Support, Custody

10 responses so far ↓

• 1 Kevin Merck // Jun 24, 2006 at 12:42 pm

  Yes, it’s amazing; I guess that’s what happens when we give feminism carte blanche for so long. These feminists are “dug-in”, and I don’t think it’s going to get any better until we completely “root them out” of public office. It’s no coincidence that this is a “blue state” stronghold for “Femocrats”. This is proof-positive that all you need to do is make one “politically incorrect” statement and you will be relegated to some remote post on the Russian Front.

  After all, these women that complained about this judge are paying very good money from their husband’s bank accounts for their “rights” to be protected. Where would all these parasites be without the divorce industry? That judge’s career is probably finished in the State of New York.

• 2 wanito // Jun 25, 2006 at 1:35 pm

  So how did women get this amazing power to have almost whole judicial divisions reassigned (maybe even fired), and have the whole matrimonial court system in an entire county put under investigation, simply because of a complaint of discrimination?

  I know that I and many other men have made formal complaints to the judicial standards commision in our part of the country, and I’m sure that Westchester had it’s share of complaints by men as to the discriminatory practices by the judiciate. The difference was, our complaints were completely disregarded. I wonder why?

  Maybe the perception is that we’re big tough men and we can take care of ourselves. I’m serious, I have found that attitude in every aspect of the “law” in my part of the country. When my ex came over and attacked me and left bite marks on my arms and stab wounds on my hands, and I called the cops because of this, it wasn’t her that was jailed and prosecuted (even though she didn’t have a scratch on her) it was me.

  But, then again women are weaker than men, they have to be protected by our society right? Well, I guess that applies if we’re on a sinking ship and they get first choice to the lifeboats and men don’t. Hell, Im probably the worst example of this “protect the weaker women” mentality and would probably be one of the first to give up my seat on the lifeboat to a woman, that’s just the way I was raised. But, I think this mentality is being applied in situations that are a whole lot different than a sinking ship, where equality laws should demand fairness regardless of gender. Like domestic relations law maybe? I think I, and other men, and society in general, are gonna have to start reconsidering this “women first” philosophy.

  See, this phillosophy worked great a hundred years ago when the titanic went down or even 60 years ago in world war 2, when women maybe had less authority in society but got to stay nice and safe when the shit hit the fan. But guys, women have changed and are a completely different creature that 100, 60 or even 30 years ago. They are no longer the soft, gentle creature there to give a man moral support in his struggle to overcome the world to support his family. They are now direct competitors for not only resources, but for the very authority to make make decisions about children, finances, and self-determination. But, the kicker is, even though we are now in direct competition with women, we as men and society in general still see women as the soft, fragile nurturing creatures that we saw them as in the past. And, that, is where the problem lies.

  See, the bottom line is women are having their cake and eating it too. Now, in Iraq, their has been thousands of soldiers killed, but out of those thousands, maybe 1 or 2 percent are women. Wait a minute, isn’t that discriminatory? How come a “special referee” in Westchester makes a simple comment and practically the whole damn local government jumps to the poor little women’s aid, but men are dying by the thousands in Iraq as opposed to maybe 50 to a 100 women and no one raises an eyebrow? If women want true equality and society affords them the priveledges of equality, then shouldn’t they also bear the full responsibilities of equality. But, they don’t, they get all of the benefits with none of the liabilities.

  But, like I said, I and men in general are partly responsible for this. How? There were 3 or 4 times when I had my ex dead to rights for crimes she had commited against me (photos, witnesses etc) and it wasn’t gonna go in front of some corrupt family court judge to decide, it was going in front of a jury. But, when the day of trial finally came, I kept thinking of how awful it was in jail and how someone might hurt her in there, and how maybe she wouldn’t be able to defend herself, and well, to make a long story short, when we stood in front of the judge, I dismissed all cases. See, my upbringing, my personal convictions, and my social indoctrination, all of which taught me to be gentle with women and protect them, would not allow me to do something that might possible harm her.

  How can you fight an enemy that has no qualms about putting you in the graveyard if necessary, but to whom the ones running the war give an insurmountable advantage, yet even if they did not have that advantage, you wouldn’t be able to win because you pull your punches and hold back anyway.

  John Alvarez
  j5alvr@aol.com

• 3 wanito // Jun 26, 2006 at 9:49 pm

  I think you all might find this interesting. Below is an email that a parents group I was a member of recieved from some group in California. What I found so interesting was that it sounds like the crap fathers are usually put through and complain about, except it’s happening to mothers (or so they claim. Hell, their even quoting historical figures like so many of the father’s rights bloggers do (can anyone say twilight zone). Maybe if we’re lucky this will blow up in their faces when its investigated and everyone finds out that mothers are making false claims of domestic violence and child abuse, completely without merit or evidence, to use the system to alienate children from their fathers. From what it sounds like, some judges in CA have already found this out, and are truly acting in the best interest of the children by doling out justice to these false accusers. Maybe this trend will catch on and mothers will begin to know the living bereavement it is to have their children ripped completely from their lives.

  John Alvarez
  j5alvr@aol.com

  Dear Friends.

  CPPA has joined with several California advocacy groups and attorneys to take the lead to stop civil rights violations in California family and juvenile courts.

  As we know, judges are illegally changing custody at exparte hearings. Parents, especially mothers, are losing custody for reporting child abuse. These are violations of the Fourteenth Amendment to the U.S. Constitution. These are civil rights violations of due process. Due process means that you have the right to tell your side of the story and to cross examine and call witnesses on your behalf. When children are removed from their homes by Child Protective Services, qualified blood relatives are being denied guardianship and the children are instead put up for adoption. Parents are being told not to talk about their case, which is a violation of free speech, a First Amendment right.

  We are in contact with attorneys who are preparing to file an appeal to the CA Supreme Court for the return of these children, based on civil rights violations.

  If your case is in California and you wish to join this effort, please go to the following website http://www.reuniteourfamilies.org and complete the confidential form.

  On May 25, 2006 the California Court of Appeal, Fourth Appellate District, Division Three stated in regards to Reveron v Seagondollar (G35270) that, “virtually from start to finish, the (Orange County) trial court handling this matter failed to follow or evenly apply the rules and procedures governing family law matters, and by failing to do so, denied (one parent) the opportunity to be meaningfully heard. The rules of procedure for reaching family law decisions - contained in the Family Code, the Code of Civil Procedure, the California Rules of Court, and local court rules – are not mere suggestions. They rules of procedure are commands which ensure fairness by their enforcement.”

  Although this decision found in favor of the father (which may explain the strong wording), the admonishment to family law courts to follow California laws and rules applies equally to all cases in which parties are not allowed due process. The appellate decision is posted under “links” on http://www.reuniteourfamilies.org

  We need effective oversight and open jury trials to determine custody in family and juvenile courts, in order to protect the civil rights of women and children. We do not need secret courts in the largest democracy in the world.

  “All that is necessary for the triumph of evil is that good men (and women) do nothing.” Winston Churchill/Edward Burke

• 4 Advocating for Dads // Jun 29, 2006 at 2:47 pm

  Don,

  There will not be any fairness until we unite and fight “This Beast”, as I love to refer to it as, together. Not just gathering the masses of parents/dads whom have been unfairly treated, and having them outside the courthouses with signs (which does help & I fully support all of you ). But by also educating these dads about not only their rights, but how they can achieve fairness and let their voices be heard by giving these dads back the power that was taken from them! That is why I feel I am here…to help educate them as best as I can, and give them the tools that they have a right to have. Knowledge is power, and TRUST me, when a dad gets even the slightest bit of a ‘sense of awareness’ into what is really going on inside the court room, or is educated about all the cards the judges will pull & what they mean & how to RESPOND….I’ve seen Judges almost hide under their podiums at the mere thought of an intelligent man educated about the proceedings they are trying to manipulate, who might “cause trouble”.
  Kevin, I concur with your statement that we need all of the “Femocrats”, as you so appropriately call them, out of office. Ann Coulter has so many wonderful things to say about those “demons” and the N.O.W. (National Organization for Women) in her books. These women of today need to be knocked off of their pedestals society has so highly placed them on.

  I am a freelance paralegal working on marketing my name & business to help fathers. I am recently married to a man who is in the middle of experiencing custody “battle” issues. After living 3 years going through it with him, I got a taste for society’s opinion on fathers and men in general. I decided to do something about it and join the legal profession to hopefully make a change and Advocate for fathers everywhere I can. I offer low cost legal services such as assistance with understanding laws & rights in their areas of residence, filling out the necessary paperwork, filing as a Certified Legal Document Preparer, notary etc., for those that may not be able to afford an attorney and are “Representing Themselves” in this country’s frightening legal system. I do this because I know the way every court treats these fathers and I don’t want them to feel alone, or helpless.
  What society is doing to our family structure system, and the changes that have been made to our views on “how things are supposed to be”, is disgusting, unfair, immoral & wrong. Our founding fathers, ancestors, and children would be ashamed of what has become of the role of the Father today.
  Anti-male rules, regulations, etc, are what fathers and men in general must succumb to now-a-days. Most children today will never know what the original definition of ‘Father’, ‘Head of House Hold’, and Patriarch means. Society and Women’s Rights groups are teaching our children, and brainwashing our adults, into quickly pushing “The Man” out of the picture and out of the position which he has held since the beginning of time: Head of the Family. Man is also being pushed out of a position of holding authority on what he does with his children and also important, what he does with HIS OWN LIFE.
  The American Judicial System was initially set up with the “good intention” of helping citizens, for as we all know, humans are subject to error & imperfection. However the accomplishments of Family Law Courts and the Judges that preside over them today include:
  -Breaking down the family structure and disarming the patriarch.
  -Taking it upon themselves to encourage women/mothers to consider themselves a ‘victim’ and prejudicially assuming that the children are always better off with the mother, which is not always the case.
  -Granting Custody to the mother immediately upon being presented with a petition to avoid an ongoing trial where the courts’ own moral and fairness must be present.
  Today is a day and age created to over empower women/mothers to the point of NO equality for men/fathers. Everywhere one turns is another ad, article or hotline to save women from “The binds that man & society has burdened them with”. If one dares to start an organization to help men/fathers, they are instantly labeled as an immoral person who is considered incentive to what women/mothers have been put through, and to their general value and accomplishments thus far in society.
  Men/Fathers should not have to feel that they are a criminal. More importantly men/fathers should not be made a criminal by way of trying to be a father or by trying to gain some sort of custody of their children.
  Family law centers, courthouses, Judiciary personnel including Commissioners, need to leave the politics out of the court room and remember they were appointed and sitting where they are to decide the FATE of children. Entering into judgments regarding them without thought or consideration destroys lives of everyone involved.

  - Christin L. Oldewurtel, Paralegal
  Advocate for Non Custodial Parents Rights
  http://advocatingfordads.spaces.msn.com

  I am not currently charging rates for my services. Instead I offer those who are in need of justice the opportunity to donate the amount they feel appropriate. Literally no minimum. I’m not crazy, I happen to care about what happens to these dads and want then to see me as an advocate. I feel that by working this way, I will receive as much help as possible in fighting “The Beast”. I TRULY am an advocate for the cause I believe in. Your help for my help is much appreciated to help assist me in research, court fees and for my time etc. Your donation can be sent to my office address below:

  Advocating for Dads
  c/o Christin L. Oldewurtel
  17420 W. Mandalay Lane #D5
  Surprise, AZ. 85388
  623-474-3852 Mon.-Fri. 9:00am-6:00pm

  Should you choose to utilize my help, contact my email address to get started immidiatly. I can’t wait to help!!

• 5 autocrat // Jul 5, 2006 at 11:01 am

  I know the frustration as a Dad in the court system but I can tell you that I know this case and I know the players.

  This is not a gender bias situation. The issue with James Montagnino was a bias against the non-monied spouses with a good dose of arrogance and perhaps something else under the surface. The newspapers with their limited attention spans felt obliged to spin this towards the greedy ex wife in Westchester sitting around eating their Bon Bons.
  I met one of the Women in court and she was pissed that they made this a gender issue.

  I was a Dad in front of Montagnino as well as the other clowns that were kicked out as well and I will tell you that he should be in jail.

  This will get worse for Montagnino and his friends before it gets better.

• 6 apeters // Aug 7, 2006 at 1:32 pm

  I have first-hand knowledge on this, as I formerly lived in Westchester County zip code 10583 (Scarsdale, NY) and Justice Anthony Scarpino, Jr. is the judge who approved my divorce in the year 1996 - before he decided to run for office to handle Surrogate (probate only) matters. According to the news article, he’s now back to hear matrimonial disputes.

  First and foremost, except for referees who are appointed, all individuals in the news article are elected politicians. and therefore will do their utmost to violate the law and get away with it - to please their constituents for votes.

  I would describe Scarpino as generally fair-minded, which means he is only about 55% biased in favor of women, and about 45% in favor of men. As a positive comment, I can say that he generally operates in good faith and is not malicious, unlike the other named individuals. .However, in my case, he clearly violated New York’s Child Support Standards Act (CSSA) and the Federal 42 U.S.C 667 statute, (mandatory written finding of “unjust” and “inappropriate”on the record for CS pro-rata shares,) perhaps, unintentionally.

  Also, my attorney at the time, was incompetent on the same points of law and lacked zealousness. (Do not retain Andrew Sczcesniak, White Plains - be forewarned,).

  The special referee, James Montagnino’s comments, about the “10583 syndrome” are absolutely correct - although he probably he has different biases. Automatically, the other Supreme Court justices will award big fat settlements to all women (not just stay at home moms) as a normal entitlement for the division of marital property. One of the transferred judges, Bruce Tolbert, would belong in jail if civil law violations could be criminalized and if he did not have judicial immunity.

  The NYS Commission on Judicial Conduct for disciplining judges who are not faithful to the law is a “milquetoast” organization for matrimonial matters. A complaint about a judge who violates NYS Domestic Relations Law will automatically be dismissed for “lack of evidence” with respect to omissions in court rulings or transcripts even though the law requires certain items be stated in wirting that “cannot be waived by either the parties or by counsel.” (DRL 240 (1-b)(h) [see ANCPR collection of NY case law on stipulations, Matter of Bill v. Bill (Cite as: 214 A.D.2d 84, 631 N.Y.S.2d 699, **700)]

  Due to an unrelated NY Family Court (an actual, provable criminal enterprise of fraud, bad faith, and maliciousness) matter, I now have a pending appeal before the Second Judicial Department of the Appellate Division that I’m perfecting pro se…..as this is the only economical way to fight taxpayer subsidized county attorneys for wealthy, (not welfare) IV-D cases….

  I have no illusions. The Support Magistrate in the Family Court altered the record by removing documents (evidence) in the record on appeal, and also, he did an incredible job (several hours of work) of “cut and paste” on the audio recording for the court transcripts, in which he deleted objections and in which events during court proceedings are out of chronological sequence.

  Statistically, I have about a 10% chance of winning the appeal, but I’ll give it my best, which should be heard by the Appellate Division in approximately October 2006.

  We’ll see….if I’m really lucky, which is unlikely, I may possibly be able to knock-out Justice Scarpino’s illegalities in the Judgment of Divorce.

  For anyone now residing in Westchester County, I hope that my input is helpful, and not too jaded.

  At any rate, the news article points “unfairness” in the wrong direction, although the author may be factually correct about the context of the “reported news” as a whole.

  Arnie Peters
  Somerset, NJ
  apeters@prodigy.net

• 7 Justiceatthebest // Dec 5, 2006 at 11:02 pm

  I am a concerned citizen who has been the witness of the unfair rulings of the marital courts of the Marital Court System of Westchester.

  It has been recently determined, December 7, 2006, that the FBI has now opened an investigation relating to fraud of judges in the Westchester Matrimonial Court System. This is outlined in The Westchester Guardian on December 7, 2006 (front page).

  I have witnessed the suspected judges that have caused devestating financial burden of several women who fall victum to well off husbands and end up with less than nothing and usually in bankrupcy. This has all been caused by the unfair rulings of the judges who are now subject to possible RICO charges due to the rulings made in the matrimonial courts. the victums now have no recourse and are left, if lucky with little to nothing, financially devastated, and possible without their children.

  The one case I have observed was outrageous. The wife who financially supported the household, emotionally supported her drug dependent husband who has drained the wife of funds but, backed by the financial support of a wealthy father, has minipulated the courts and falsified his net worth which was overlooked by these judges. Now the FBI is on the case, however, it does not assist the persons affected by the already unfair rulings as they are now financially devastated.

  The IRS is also involved now and hopefully justice will be enforced.

  I believe a class action should be implemented as there have been numerous litigates affected by the bias determination of these judges.

  Thre have been numerous complaints submitted to the DA with no action. Now the FBI will commence and have already uncovered several cases of steering and case fixing.

• 8 pdpetrov // Dec 21, 2006 at 4:06 pm

  It is good FBI is investigating finally (if it is investigating at all).

  But the problem is not related to just the removed judges and the current Westchester DA DiFiore

  Looks like the administrative judge Francis Nicolai is deeply involved in the corruption scheme.

  My experience:
  After Judge Sam Walker who presided over my case from January to July recused himself, my case was split and assigned to judge Rory Belantony and Robert Neary.
  The curious think is that two judges were topping my wife’s attorney judicial campaign contribution list with respectively $5000 and $750.
  At the time of the assignment the two judges weren’t actively handling criminal and matrimonial cases respectively.

  I think the assignment of Bellantony and Neary was crafted by the recused judge Sam Walker who wanted to cover his misjudgements and Neveen Nesheiwat - the attorney of my wife.

  Curious to know - the first order Neary issued after taking over my case was to grant $7500 f my money to his sponsor Nesheiwat.

  he did it without any ground - simply Nesheiwat and partner mentioned before him that they are “underwater”

  During the hearing Judge Neary re-assured me that he “is not taking into consideration” the claims that as a pro-se litigant I “bombarded” Nesheiwat with a “blizard” of motions (in fact I filed just two and both were granted).

  When however I requested a written order in order to appeal it, Neary, obviously desperately needing a ground for granting attorney fees, signed an order prepared by Nesheiwat, stating as a ground the “numerous motions” that I allegedly filed.

  FBI should investigate he gang activity - Nicolai, Neary, Nesheiwat too.

  BTW I’m the “money” spouse. As such I’m desirale prey for the divorce industry in Westchester, especially in light I’m an immigrant with no contacts and nderstanding of the criminal connections within the Westchester courthouse.

  My wife claims in sworn affidavits that I transfered $180,000 offshore to evade taxes, that I hide one million financial potrfolio, that I hide $477,000 in stock, but the DA strangely enough refuse to investigate my alleged criminal activities.

  The reason - all this is fabricated by my wife with the help of her attorney Neveen Nesheiwat.

• 9 pdpetrov // Dec 21, 2006 at 4:08 pm

  more on http://www.badwalker.com

• 10 rsimpson // May 15, 2007 at 9:27 am

  I just ran accross this article which I find myself part of the Westchester Dad unfair practices club.
  How would you describe a divorce that took 3 years to complete, many judges, and outside influences. My divorce took place during the time these judges were moved around. I went before at least 4 different ones.
  My divorce involved a man that was the father of my now exwife, that was a mayor, judge, divorce attorney in a Florida town. How did that influnce reach here? A business and real property had to be appraised twice at a cost of 10’s of thousands of dollars because of proven outside involvement by them at MY cost! A court appointed apraiser in Florida turned out to be the business of an ex son-in-law! Taped conversations regarding the value appraised “at the lowest possible value” Of course she wanted the property. When this was proven in court the Judge and my attorney did nothing except order another appraisal at MY expense. My younger son expressed concern for me as his grandfather was bragging that he influnced the judges in Westchester Court system. Unauthorized credit bureau reports were run through my exwifes employer,Coldwell Banker Katonah, which she denied was working at the time, but it seems no authority in Westchester including the DA’s office know how to arrest a person on theft of identy and the NEW privacy laws. I filed a complaint with the Bedford Police but the DA didn’t know what to do. The children took out an order of protection against her, violated it twice, was arrested, but it made no difference. All my attorney wanted to do was retire and didn’t care about the result. I finally had to hire another one just to finish at another expense of $20,000.00 I also found myself involved with Andrew Scesniack as a court appointed appraiser which still owes me $800.00 in unsed retainer and refuses to refund to date. All in all I paid about $150,000.00 to get a divorce in Westchester County. Ten times what is cost to get married. I filed an abritration of Which Nocoli was the head of and was awarded nothing. It was obvious that this proceedure is just to apease the party that filed it. The attorney that ran the arbitration had his mind made up before we first met. Remember this is a proceedure made for attorneys for attorneys. This is not for the damaged party. What was the result. A law guardian was appointed for a then 17 year old child that the judge admitted would do what he wanted to do but I had to pay for the law guardian anyway at there request. She was ordered to move out of the house and I received custody of the then minor child. I sold the home we lived in and got one half of the equity in Katonah. I sold a corvette, she got the funiture, boat, motorhome was ordered sold a a 30,000.00 loss, and ordered to pay for one half of a business my father and I started with out her. There was $20,000.00 in appraisal fees to value a buiness worth $80,000.00!
  If you don’t think the Westchster courts have a problem, think again. You get taken to the “back room” and are advised if you go to trial you may have to pay more than offered and more in attorney fees of course so you take a settlement you know you can’t afford. How about $3000.00 a month for 12 years when the woman had multiple professional certifications including a real estate license in two states. It didn’t count toward a settlement. How about her attorney stating so called facts in court then sending a letter to the judge she “mis-spoke” Too late now because the is not the same one. Three days in a deposition! I was not a doctor or lawyer, I worked in the car business. I didn’t make a lot of money compaired to expenses to live in Westchester County. The business is no longer and the $3000.00 per month was and is not available. I can’t wait to go back to the Westchester court system. If the FBI is in fact investigating the Westchester Court System I have a lot of information available. Have them contact me. Oh by the way, if you think the courts look at the financial statements you spend hours filling out think again. They are for the attorneys to use against you when you find you can’t pay the bill. Two of the law firms took half of their fee. I guess they knew they did a lousy job and didn’t deserve it. Regarding the sale of the residence, I was served with a contempt order because the new attorneys couldn’t figure out the distribution of funds based on the prior attorneys neglect. Of course I then had to hire another attorney to defend that action which was of course denied in court but the money was spent. The current proceedure is to have the attorneys spend as much of your money they can until you can’t fight anymore and cave in. The best part of all is at the end when the judge asked if you were satisfied with your attorney. Not satisfied, no divorce.

You must log in to post a comment.