UGGG!!

[korleone23]

I have custody of my five year old son in West Virginia. We had a hearing last week in which the judge told me that she was not going to order sons BM to pay back support for the last two years, even though our first hearing 2 years ago BM was ordered to notify the court within seven days of starting a new job, to set support.

Issue two BM has missed the last six EOW visits without even calling to notify us. We sit at the family court and wait every time. It has been 82 days since BM had a visit. My son's therapist sent a letter to the judge, telling her that my son stated," he wanted to kill himself",  when BM did not show up. The judge would not even talk about this in court, and pretty much refused to bring the issue up.

1. How can I get a new judge to hear my case, since their is only one judge in Fayette County can I have my hearing switched to a new county?

2. Does this sound like I am being discriminated against for being a man and not a woman, I belive she would have made any man pay back support, since they were already ordered in the first place?

[socrateaser]

>1. How can I get a new judge to hear my case, since their is
>only one judge in Fayette County can I have my hearing
>switched to a new county?

Based upon your facts, it appears that you may be being bullied by a judge who knows that you cannot afford to appeal his ruling. I believe you would win the appeal as an abuse of discretion. The court has discretion to not retroactively modify a support obligation to the date when the modification request was first filed, however, the court should, at a minimum, state on the record, it's findings and conclusions for doing so.

>
>2. Does this sound like I am being discriminated against for
>being a man and not a woman, I belive she would have made any
>man pay back support, since they were already ordered in the
>first place?

Gender discrimination is only permitted where there is a substantial relationship to an important state goal. It is highly doubtful that there is any important state goal in permitting a parent to not pay back support, merely because that parent is a woman. However, to prove your case, you would need to search the county records to find out what sort of support orders this judge has entered during the course of his judgship. This could be a very time consuming project, and you would certainly need an attorney to make the case for you.

You could file a request that the court provide a written findings and conclusions of law on the issue of its denial of retroactive support, however, the judge may just ignore you, unless you simultaneously file an appeal, so that the judge believes that you will follow through unless you get a reasoned answer.

Your best move may be to go to the media and try to convince someone that this judge actively discriminates, or is at least abusing his/her official capacity.

It's basically a question of whether you think the risk is worth the potential gain. Consult with a local attorney and see if he/she thinks that you've been given a bum steer. If so, then perhaps you will decide to pursue those findings and conclusions, and possibly move for reconsideration.

Move fast -- most judgments/final orders are final unless appealed within 30 days.

[korleone23]

Thank you so much soc for the response. This is exactally what I needed to know. I think I will contact several local and larger newspapers, and other media formats, after I speak to an attorney, to see how many men are treated this way, by this judge.

[msme]

You could also do what we did. If this judge is elected, (ours was) find someone to run against him/her. Campaign like crazy & hit em where it hurts, at the poles on election day. We made Texas History. We helped unseat a sitting judge. It was the first time in the state. Hurray!!!

Good luck & God bless.

Love ya Soc. You are the greatest!
You never get a second chance to make a first impression!

[korleone23]

Thanks for the advice but here in West Virginia the Family Judges are appointed. I wish I could go out and campaign against this lady, because she is treating a lot of men and family's ingeneral unfairly. She is not doing her job, which is having the best interest for the children. I am going to take every step possible to make sure this Judge stops her disgusting abuse of power.

[korleone23]

Thanks for the advice but here in West Virginia the Family Judges are appointed. I wish I could go out and campaign against this lady, because she is treating a lot of men and family's ingeneral unfairly. She is not doing her job, which is having the best interest for the children. I am going to take every step possible to make sure this Judge stops her disgusting abuse of power.