NEWS story: College Tuition Dad called deadbeat

[stepmary]

http://www.suburbanchicagonews.com/couriernews/top/e22frankes.htm (http://www.suburbanchicagonews.com/couriernews/top/e22frankes.htm)
Dad in LITH facing jail over daughter's tuition

Vigil tonight: Payment required in divorce; he points to change in finances

By Gloria Carr
STAFF WRITER

LAKE IN THE HILLS — A candlelight vigil is planned tonight in support of a local man facing contempt of court charges for failure to pay his daughter's college tuition.

The vigil is being orchestrated by the members of Second Wives Cafe — an organization founded on the Internet by families throughout the country — who have taken an interest in a McHenry County case involving Michael Franke of Lake in the Hills.

Franke faces a six-month jail sentence or work release and the possibility of having 100 percent of his wages garnished because he has not been able to raise the $3,800 needed for his 18-year-old daughter's tuition at the University of Illinois.

He and his first wife divorced in 1999. Under their divorce decree, the two agreed to pay the college tuition for their three children unless their financial circumstances changed.

The three children have not had much contact with Franke, who said he has never been behind in child support. He said he pays $1,800 a month for his two younger children.

Franke said he received an e-mail last year from his ex-wife indicating his daughter had made a decision on which college to attend. The yearly tuition is $17,000, he said. The court proceedings against him began shortly afterward, with a petition filed by his ex-wife's attorney asking a judge to order Franke to contribute to the tuition.

Last summer, McHenry County Associate Judge Joseph Condon ordered Franke to pay the tuition despite Franke's pleas that his financial circumstances have changed.

"He's just a deadbeat dad," said Steve Brody, the Crystal Lake attorney representing Franke's ex-wife, Mary.

Brody said Franke makes $105,000 a year and lives an expensive lifestyle that includes luxury cars and gambling trips, according to financial disclosures revealed in court.

"He has an obligation to pay college tuition and he knew of this obligation since the dissolution of the marriage. It's real simple," Brody said.

Brody said Mary Franke tried to contact her ex-husband to discuss the situation, but his response was that he could not afford to pay anything.

Year-old son in ill health

Franke remarried after the divorce and has a 1-year-old son, Kent, with a medical condition that causes a strain on his family's finances, the Lake in the Hills man said. The child was diagnosed with recurrent respiratory papillomatosis, a disease that causes a benign tumor to reoccur on the larynx and vocal cords. The boy requires monthly surgeries that cost the family hundreds of dollars in out-of-pocket deductions, Franke said. Additionally, his wife's unemployment benefits were exhausted last month, he said.

"I told him (Condon) I don't have the money," Franke said. "I told the judge I have a change in circumstances."

The judge sympathized but told Franke that his first family came first, he said.

Hearing on Friday; appeal filed

Franke, who is representing himself, filed an appeal with the 2nd District Appellate Court in Elgin. The appeal is pending. He said he is confident the appellate court will agree the trial judge made errors in reaching his decision. Meanwhile, the McHenry County case against him continues on Friday.

He also questions the constitutionality of requiring divorced parents to pay for their children's college tuition. Franke noted that married parents are not required to do that.

The state of New Hampshire has ruled against the practice and other states are weighing in on the matter, said Mary Kuris, co-director of Second Wives Cafe.

"It is an abuse of judicial discretion," Kuris said.

Brody said Illinois law has a provision that allows a divorce court to uphold agreements in decrees regarding payment of college tuition.

Group organizes vigil

The Second Wives Cafe helped organize tonight's vigil and circulated a petition supporting Franke and his wife, Nicole, one of the group's first members. The petition is on the Internet, and about 1,300 people have signed it, Kuris said. The vigil is scheduled for 5:30 p.m. at the McHenry County Courthouse, 2200 N. Seminary Ave., in Woodstock.

Kuris said members have been researching case law, looking for information that may help Franke.

"Hopefully he will be able to file something that will stop this," she said.

"I was really surprised they took it upon themselves to do all this," Franke said of the group's actions.

He said he does not have many other options available to him and he hopes the judge will reconsider his decision.

Brody said he was not aware of the Second Wives Cafe, adding that he can only speculate what the group is.

"Look at the name, look at the situation we have," he said. "I sit here and ask myself what is their purpose. I've never seen so much sympathy for a deadbeat dad in my life."

01/22/04

[glad2haveanex]

WHY DON"T YOU CONTACT ME? I have something for you. It is the revelation that you are MAN and you spoke in a derogatory way against the male and then tore down the female support group.!  
The plight (male or female) for our children is being derailed by people like you!
REALITY check steve brody: you will lose this and will lose it on appeal. I PROMISE!

 MONEY is already being earmarked for the appeal if it even gets that far!!
I also notice that you steve, didn't post any filings on the bio moms finances publicly for scrutinizing.
This is basic discrimination based on marital status!

[stepmary]

How on earth does a guy who's NEVER been in arrears AND pays almost $2k a month in support get called a deadbeat?? Amazing.

[VeronicaGia]

call someone a deadbeat dad, and he must be one.  How pathetic!  I hope this woman's attorney, himself a man, finds himself in this position one day.  Then he can call himself a deadbeat!

[StPaulieGirl]

Email address (I hope this is the right one) :[email protected]

Dear Sir/Madam,

I have been following the story of ***** ("Dad in*** facing jail over daughter's tuition-****) for several weeks now, and I'd like to make a couple of comments.  First of all **** is the attorney representing Mr. ***** ex wife. His comments are meant to disparage Mr.**** with total disregard to the truth in this matter.

"**** said he was not aware of the Second Wives Cafe, adding that he can only speculate what the group is".
"Look at the name, look at the situation we have," he said. "I sit here and ask myself what is their purpose. I've never seen so much sympathy for a deadbeat dad in my life."

Mr. **** has referred to Mr. Dad as being a "deadbeat dad" twice in this article.  I'd like to know how a father who pays his child support faithfully is a "deadbeat dad"?  Perhaps Mr. **** would like to address his client's failure to allow Mr. Dad to enjoy his court ordered visitation with his children?

Second wives Cafe is a group of women who are married to men with children from a prior marriage/relationship.  As there are many groups on the internet and in daily life specifically geared to a certain interest or theme, this is just one of them.  Nothing sinister. 

What's my axe to grind on this issue?  I don't like what's going on these days regarding the ruthless disregard in our courts for our guaranteed constitutional rights....especially fathers.  I'm a divorced female custodial parent who wouldn't have the gall to demand that my kid's father cought up college expenses on top of child support.  I support this family, and I urge anyone concerned with a judicial system that has run amok to also support them.



Thank you,

xxxxxxxxxx

California
_________________________________________________ ___________

Good luck with the vigil!  I don't think the letter will do much good, but I'm pissed off at that attorney.  What an asshole.

[StPaulieGirl]

Does this "person" have any contact information?  Of course that might backfire.  It's fun to vent, though :-)

[stepmary]

StP:

Love it! You're very articulate. :-)