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Can I sue for fraud, emotional distress etc?

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Proserpina

Senior Member
Thank you for your input.

I am very interested in learning more about the motion to reconsider and or vacate a default judgment if you care to share. I have heard these terms on several occasions before. Part of the problem is that I actually have a regular life aside from this crap believe it or not and while I do think and know this is an important issue, I also have to tend to day to day survival in this economy.

I agree that an expert, i.e. a lawyer, would be ideal if the monies were available. I might surprise you at what I am capable of handling...lol...in a good way. I started law school as my father was a long time lawyer in San Diego and many of my college buddies went into law. None of them were or are very happy except those in entertainment law...lol...so I went into real estate. Anyway, the principle owed according to the most recent monthly statement I receive at my residence is approx. $50K in principle and the balance or some $58K in interest. Straight from what I get from the court or family services.

Any additional assistance would be appreciated...


So again - in all the time that you allege Mom kept your child from you, WHAT DID YOU DO ABOUT IT? At that time?

We don't ask these questions for the fun of it.

And really - if you want to trust musicman, you go right ahead.

I STRONGLY suggest you rethink that idea though. He knows NOTHING about California child support - and that's plainly evident.

Court Clerk, on the other hand, DOES know of what she speaks.

But hey - it's your choice.
 


34thebeach

Junior Member
@ Zigner

You are one of the lucky few sir. Ask David Brenner, or the countless other celebrities, public figures and just regular good guy dads who have to liquidate almost everything they have just for reasonable visitation, child support, etc. I would have gone for full custody and would have loved the opportunity to raise my daughter. I am an educated, law abiding, good guy with no criminal record who not only accepted my responsibilities when I was informed that I had a child, but also sued the mother for my rights when she was playing her typical games. I applaud you and your victory over this system. The statement is not idiotic, it is true and unfortunate. If it were so idiotic there would not be thousands of fathers help groups and organizations out there in every state.
 

Proserpina

Senior Member
You are one of the lucky few sir. Ask David Brenner, or the countless other celebrities, public figures and just regular good guy dads who have to liquidate almost everything they have just for reasonable visitation, child support, etc. I would have gone for full custody and would have loved the opportunity to raise my daughter. I am an educated, law abiding, good guy with no criminal record who not only accepted my responsibilities when I was informed that I had a child, but also sued the mother for my rights when she was playing her typical games. I applaud you and your victory over this system. The statement is not idiotic, it is true and unfortunate. If it were so idiotic there would not be thousands of fathers help groups and organizations out there in every state.


Be honest please.

Before you and Mom separated, who was your daughter's primary caregiver?

It was Mom, wasn't it?

THAT is why she would have remained the custodial parent.

It's not because of her uterus or your lack thereof.
 

CourtClerk

Senior Member
And really - if you want to trust musicman, you go right ahead.

I STRONGLY suggest you rethink that idea though. He knows NOTHING about California child support - and that's plainly evident.

Court Clerk, on the other hand, DOES know of what she speaks.

But hey - it's your choice.
Naw, I think he should listen to Musicman. With all my years of bureaucratic garbage as both a Child Support Officer AND a family court judicial assistant (and a mother who sat and watched this same system in which I worked so intimately work AGAINST me for so many years)... I'm probably as biased and ignorant as you can get. Right? Riiiiiggghttttt....

I'd just suggest that before he let musicman lead his down that black hole he's steering him into, he start reading the family code...
 

34thebeach

Junior Member
@ Proserpina

Thank you as well for your continued challenge to educate and set me in the right direction. I do appreciate it. No, I am not a lawyer and do not "KNOW" the system as Court Clerk and yourself knows it.

So again - in all the time that you allege Mom kept your child from you, WHAT DID YOU DO ABOUT IT? At that time?

We don't ask these questions for the fun of it.
I contacted the court and family services by phone in mid 2001 after my attempts to speak to family produced nothing and letters, even FedEx, to the previous address came back as undeliverable. My bank called me and told me the child support payments via wire transfer were coming back. So I called her bank and they said her account was closed with no other information. As I stated in another post, the person I spoke to told me to hire a private investigator. I had come on hard economic times and did not have the resources to do that.

To give you further perspective, let me give you a little back story and share an incident which caused me to walk on egg shells and look for other ways to address issues with this particular mother.

In July of 1994 shortly after taking her to court I had my daughter on my legal and court order visitation. At the time I lived with two attorneys in Encino, California. Both graduated from USC. One was the past student President of the USC law school or whatever they call it. Both are extremely successful and worked for very well known and respected firms. Fortunately at that time he was able to represent me in San Diego.

One day the car was running in the driveway and there was a knock on the door, it was the LAPD. Long story short, they arrested me for child stealing because the mother called the Escondido Police Department and then the LAPD and lied and said the child was her ex-husbands. I even showed the cops my court papers which I carried with me AT ALL TIMES WHEN I HAD MY DAUGHTER!

EPD even called me at my home in Encino the night before and with my attorney on the phone we addressed the issue. The mother was upset because I had had my daughter out a little later than the mother wanted at City walk playing in the fountain. The officer asked if I would bring the child back a little early to appease the mother. Reluctantly I agreed to do that and was in the process of leaving.

A simple call and lie by this woman put the law in motion regardless of the truth and the facts. I was shackled and handcuffed sitting on the little bench in North Hollywood with m y daughter climbing all over me crying and wondering what was going on.

Maybe I should have called the cops or wherever at the drop of a hat...but I didn't because I saw what her experience with me and the cops did to her.

I thought I would be the bigger person and try to deal with it amicably.

Sorry if I do not have a lot of trust or faith in this system. But at ever turn this woman gets a way with whatever she wants and the system nor the courts do a damn thing. Even my own attorney at the time said just let it go it is not worth it to fight the system.

So... back to what I did. On a whim my wife typed in my daughters name into the search box on My Space, the then number one social media outlet. A girl with the same name and spelling came up. However, on her profile it listed her home state as Washington. It looked like it could be her so I write to her. Remember I last saw her in early 2000 in San Diego when she had just turned 9. She was then 17 when we found the profile. As you know young ladies change dramatically during that time. Long and short of it...it was her and she responded. We exchanged a few e mails and then I asked about her address and where she was etc. She said her mother did not know about the My Space page and asked if i would just write her mother and not mention how I got the address. I wrote the mother. She simply confirmed it was her and that I had finally found the right address etc.

I then started making plans to go to California with my wife and 4 yr old son to see my daughter.

While there I asked the mother when we could discuss getting all the issues including support addressed etc. She said call me. I did...she never returned my calls or letters. I did not want to involve my daughter and she asked me not to put her in the middle. For while my daughter stopped responding to e mails etc. Then I heard from the court with a monthly statement. I called them immediately and started the process of trying to get this worked out and immediately informed them that the mother had lied about what I had paid etc. The system does not respond very quickly. Add to that that I could not afford $25K and am out of state and it makes for a tough row to hoe.

And here we are today. Not being aggressive, but the court or clerks cannot give legal advise. Attorneys want money I do not have. The court does not care at the end of the day what the facts are or who ultimately did what or when...they care about the money. Money by the way that has not been literally paid by the state. The mother simply walked in signed a few documents made some false claims and now I have to prove her wrong. And even when I...there will be no consequences for her. Tell me that is an appropriate system. I am serious...educate me and open my eyes to the truth that this is right.

What no one wants to address or talk about is my losses both physical and economic that have been caused by the mother who is supposed to adhere to the same court order that I am. Why does no one address that? Because it is all about the money!
 

34thebeach

Junior Member
@ Court Clerk

Naw, I think he should listen to Musicman. With all my years of bureaucratic garbage as both a Child Support Officer AND a family court judicial assistant (and a mother who sat and watched this same system in which I worked so intimately work AGAINST me for so many years)... I'm probably as biased and ignorant as you can get. Right? Riiiiiggghttttt....

I'd just suggest that before he let musicman lead his down that black hole he's steering him into, he start reading the family code...
Court Clerk...I was speaking of your tone, not your knowledge of the system or you personal experience. Nor did I say you were bias or ignorant...Riiiiiggghttttt...Please...calm down tiger...

Because it is in a book does not make it right. While I would love to have the resources and time to fight and change a system I personally think is broken and unjust, I do not and cannot. So I will simply seek some modicum of "justice" in a bias system.

If you have had challenges with the system you work in, you of all people would or should understand ones frustration that it is in fact broken.
 

Proserpina

Senior Member
This is going to sound harsh.

You walked away, basically.

In the eyes of the law, and for whatever reason - you walked away.

Mom is not guilty of kidnapping, and frankly after all this time the court isn't going to entertain a claim of her withholding the child when you really - honestly - didn't pursue it. You could have - should have - done a whole lot more. You didn't. Can you really say that the fault lies with the court?

The courts aren't your attorneys. Neither are the court clerks.

The courts deal ONLY with proven facts - and the facts are, according to the information they have you owe X amount of support and you did nothing to rectify the custody/visitation situation.

That's not their fault, now surely?
 

34thebeach

Junior Member
@ Prosperpina

Be honest please.

Before you and Mom separated, who was your daughter's primary caregiver?

It was Mom, wasn't it?

THAT is why she would have remained the custodial parent.

It's not because of her uterus or your lack thereof.
I slept with the woman once. There was no speration, living together nothing. We had slept in the same bed twice and nothing happened.

However, there is a story to that but I am sure you will just think I am woman bashing...which I am not. I LOVE women...just not this one.

Of course she was with the mother. I did not even know I had a daughter until she was over 2 years old. Even though I made great money at the time, was and am a good guy with no criminal record or behavior etc. I knew I could not have won custody and would not have wanted to keep my daughter from her mother. I just wanted the mother to be civil. She isn't and NEVER has been.

In court her former sister-in-law testified that she had told her she planned the pregnancy and had bought an ovulation test the night before. She basically told me she was seeing me that night even though she got to my place at 11:30, 45 minutes from her house in Escondido, with two bottles of wine and the movie "She's having A Baby"...no lie. I did not put two and two together then as I try to trust people.

I am not questioning her position as custodial parent. I am questioning her malicious, fraudulent statements then and now and throughout "our relationship."

The bottom line is that she was pissed that I was not going to marry her after I found out I had a daughter. I walked around on egg shells because this woman is nuts and knows how to use the system to her advantage. The system should not able to be manipulated in that way.

Hec in 1995 her, my daughter my daughters older half sister came to visit me where I live because she would not let me fly out and get my daughter and bring her here alone. So what was I supposed to do...fight her at every turn...spend tens of thousands of dollars on lawyers for what should be simple? So I let her and the other daughter come out. At least I got to see and spend time with my daughter.

By the way...I am not embellishing one thing here. If I were a jerk and a dead beat dad I would take what I had coming...BUT THAT IS NOT THE CASE HERE.

I made it clear to her that there was no chance of her and I being together, and that all I wanted was to get a long and raise our daughter the best we could. To the degree that I sat her down on the curb by my then condo and told her there would be a better chance that I would get back with my ex-wife (with whom I have no kids) or that I would be GAY (not that there is anything wrong with that as I have many many gay friends) before her and I would be together. I have cards, letters, etc. from her trying to get us together over the years. The fact of the matter is that she is using a system that IS designed to be manipulated by certain types of women, and probably fathers as well, to the detriment of the other parent.

Her uterus has nothing to do with it now and didn't then.

This is about her lies and ability to get the system to act on her behalf even though she commits perjury and files false statements to get them to do so...with no consequences whatsoever.

If I had a chance to square off against here in a court of average people, men and women, and laid the physical evidence of her behavior and actions before the court...I would "win" hands down.

As with Zigner and millions of other dads like he and I, if he does not mind, we simply want to enjoy what we can when we can with our kids and NOT have to deal with the damn mother and her whims in order to do so.
 

34thebeach

Junior Member
@ Properpina

This is going to sound harsh.

You walked away, basically.

In the eyes of the law, and for whatever reason - you walked away.

Mom is not guilty of kidnapping, and frankly after all this time the court isn't going to entertain a claim of her withholding the child when you really - honestly - didn't pursue it. You could have - should have - done a whole lot more. You didn't. Can you really say that the fault lies with the court?

The courts aren't your attorneys. Neither are the court clerks.

The courts deal ONLY with proven facts - and the facts are, according to the information they have you owe X amount of support and you did nothing to rectify the custody/visitation situation.

That's not their fault, now surely?
First, sincerely, thank you for your continued participation here. I am obviously bias and emotionally attached. But WOW...No Properpina I did not walk away in any sense of the word or insinuated action. You are right, as I have stated before, there are two issues, the support and the concealment.

No the courts are not my attorney, but they are acting as hers. They ask her if what I sent them as proof of payment was real and she can just say NO and they act on it and take her word? They are freaking bank statements, canceled checks, wire transfers etc. of the money that was paid. Wow...

How can I be the one who walked away when I did not move, I did not stop trying to make my support payments, my address etc. is and was the same. She could have called me, written me whatever at ANY time...and I walked away because I did not have the money to pay for a California P.I. or the absurd retainer for a lawyer. We obviously disagree and come two different sides of the universe on this one...

I do not know anything about you or or background, economic status etc. But if you have never been economically challenged, you would not say I should have and could have done more. As you well know, everything with regards to this system costs money...and lots of it. As with my current situation. A strong knowledgeable family law attorney in California could work wonders with this case to some degree. I haven't got the money they want. That does not make me any less a parent or love my daughter and desire to spend time with her. If one does not have it one cannot take aggressive swift and possibly more appropriate action.

I did what I could with what I had from where I was at physically.

It is amazing to me that you nor anyone else will address the FACT that she was under that SAME court order I was under. She moved, did not tell me or the court where she was, how to reach her, closed her bank account, etc. and that is somehow my fault? Really? Yeah that is harsh. It does not hurt my feelings or change my view or position. And to reiterate...I am not questioning "per say" the support that is potentially due during my daughters concealment, although I obviously DO think that other Facts should be heard and considered. If they will allow me to present those facts great.

Again...why does no one address her actions

Whatever...thank you all seriously...Sorry I upset you Court Clerk.

If you know a good lawyer with who works on a sliding scale or pro bono...please let me know...I would like to have a fighting chance...
 

34thebeach

Junior Member
@ Properpina

So Mom was the primary caregiver.

Re-read your own posts now.
I do not follow your train of thought here. She was custodial parent. We had joint custody. I did not have the money to take her to court every time she made it difficult to see my daughter or even to talk to her and I SHOULD NOT HAVE TO! Really?

I do not need to re-read my posts I lived and am living them as we speak.

It is and should be this simple...

Oh never mind...lol...have a good night...lol...
 

futuredust

Senior Member
I think you would be better served with a website such as Dr.Phil or some other. This is a legal site, none of this matters.

What does matter is that for eight.. (EIGHT) years you did little to find this child you profess such love for. That child support payment you stopped paying could have been going to an attorney or a PI to find said child. Had you followed the advice back then you would not be in the situation you are now.

Had you been putting that child support into a savings account all these years, you would be able to pay your arrears.

Had you filed with the courts that your child was gone with no known address and that you wished to hold mom in contempt of the order.. there would be at least a record that you cared about not seeing her anymore.


You can post all your stories and your thoughts about how unfair the system is or how it is biased against fathers; until your fingers turn into bloody nubs. Doesn't make it true.

Have you actually paid any child support since 2008 when you obtained contact information again?...



I slept with the woman once. There was no speration, living together nothing. We had slept in the same bed twice and nothing happened.

However, there is a story to that but I am sure you will just think I am woman bashing...which I am not. I LOVE women...just not this one.

Of course she was with the mother. I did not even know I had a daughter until she was over 2 years old. Even though I made great money at the time, was and am a good guy with no criminal record or behavior etc. I knew I could not have won custody and would not have wanted to keep my daughter from her mother. I just wanted the mother to be civil. She isn't and NEVER has been.

In court her former sister-in-law testified that she had told her she planned the pregnancy and had bought an ovulation test the night before. She basically told me she was seeing me that night even though she got to my place at 11:30, 45 minutes from her house in Escondido, with two bottles of wine and the movie "She's having A Baby"...no lie. I did not put two and two together then as I try to trust people.

I am not questioning her position as custodial parent. I am questioning her malicious, fraudulent statements then and now and throughout "our relationship."

The bottom line is that she was pissed that I was not going to marry her after I found out I had a daughter. I walked around on egg shells because this woman is nuts and knows how to use the system to her advantage. The system should not able to be manipulated in that way.

Hec in 1995 her, my daughter my daughters older half sister came to visit me where I live because she would not let me fly out and get my daughter and bring her here alone. So what was I supposed to do...fight her at every turn...spend tens of thousands of dollars on lawyers for what should be simple? So I let her and the other daughter come out. At least I got to see and spend time with my daughter.

By the way...I am not embellishing one thing here. If I were a jerk and a dead beat dad I would take what I had coming...BUT THAT IS NOT THE CASE HERE.

I made it clear to her that there was no chance of her and I being together, and that all I wanted was to get a long and raise our daughter the best we could. To the degree that I sat her down on the curb by my then condo and told her there would be a better chance that I would get back with my ex-wife (with whom I have no kids) or that I would be GAY (not that there is anything wrong with that as I have many many gay friends) before her and I would be together. I have cards, letters, etc. from her trying to get us together over the years. The fact of the matter is that she is using a system that IS designed to be manipulated by certain types of women, and probably fathers as well, to the detriment of the other parent.

Her uterus has nothing to do with it now and didn't then.

This is about her lies and ability to get the system to act on her behalf even though she commits perjury and files false statements to get them to do so...with no consequences whatsoever.

If I had a chance to square off against here in a court of average people, men and women, and laid the physical evidence of her behavior and actions before the court...I would "win" hands down.

As with Zigner and millions of other dads like he and I, if he does not mind, we simply want to enjoy what we can when we can with our kids and NOT have to deal with the damn mother and her whims in order to do so.
 

Proserpina

Senior Member
I do not follow your train of thought here. She was custodial parent. We had joint custody. I did not have the money to take her to court every time she made it difficult to see my daughter or even to talk to her and I SHOULD NOT HAVE TO! Really?

I do not need to re-read my posts I lived and am living them as we speak.

It is and should be this simple...

Oh never mind...lol...have a good night...lol...

You didn't pay your support, and you didn't go after finding your child.

That IS the bottom line.

I give up.

Pro out.
 

stealth2

Under the Radar Member
It is amazing to me that you nor anyone else will address the FACT that she was under that SAME court order I was under. She moved, did not tell me or the court where she was, how to reach her, closed her bank account, etc. and that is somehow my fault? Really? Yeah that is harsh. It does not hurt my feelings or change my view or position. And to reiterate...I am not questioning "per say" the support that is potentially due during my daughters concealment, although I obviously DO think that other Facts should be heard and considered. If they will allow me to present those facts great.
Yet, you did not utilize the possible services of the court when you could not locate your child. And, in fact, it took a third party's "whim" to find her after 8+ years. The court will consider that a lack of effort or interest on your part. Whether you agree with that or not.

HAD you looked to the courts for relief at the time, you may have found yourself in a different place. But you made the choice not to. Whose "fault" is that?
 
he start reading the family code...
CA court rule 3.1103
********************************
Rule 3.1103. Definitions and construction
(a) Law and motion defined
“Law and motion” includes any proceedings:
(1) On application before trial for an order, except for causes arising under the Welfare and Institutions Code, the Probate Code, the Family Code, or Code of Civil Procedure sections 527.6, 527.7, and 527.8; or
(2) On application for an order regarding the enforcement of judgment, attachment ofproperty, appointment of a receiver, obtaining or setting aside a judgment by default,writs of review, mandate and prohibition, a petition to compel arbitration, and enforcement of an award by arbitration.
**********************************

The OP has still not provided if he even has a judgment, who gave any "judgment", any dates of the judgment.

He cannot sue the mother for stress.

Any motion granted is treated like any other type of motion in CA.

OP never stated he was served with anything.

Its hard to come to any type of advice w/o more facts, other than the mommy is an evil woman, which may be true or not.

OP should become familiar with the family code. The OP will have to pay a large amount to the mother; his absence-her absence is not relevant.

OP was right - he should have taken care of this a long time ago. He took a gamble & its not going to pay off for him.

I don't know if he is objecting the the HIGH amount or ANY amount being needed to be paid.

Its evident that he wants nothing to do with the mother or daughter ~ does not matter to me if that is how he feels.
 

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