Petition to help a father ordered to pay college for adult daughter, or else!

[lovehiskids]

On January 8, 2003. Judge Condon ordered Michael Franke to pay $7000 a year for his adult child for college support. This in addition $1800 a month Mr. Franke pays for child support for two minor children.

Mr. Franke's ex-wife showed the court she has 401K money, $10,000 in savings, she gets $700 a month from her live-in boyfriend, she showed ownership of FOUR vehicles, one a new BMW for her boyfriend that is in her name.

Mr. Franke has a baby with his second wife who has medical needs, monthly surgeries for growth's on his throat and will need this medical care until teenage years.

Judge Condon said, first children first, and told Michael that he has no sympathy for his wife or new baby. If he doesn't come up with the $3800 by Jan. 23, he goes to jail for 6 months/work release. They will seize his paychecks 100% so they will have no money to make their house payment or car payments or food for their baby. Plus this situation will deprive a very small and sick child of his father.

We the Undersigned want to show that ALL children should matter and no judge should put any child above another just because they are born of the first marriage. College support is up to the discretion of the judge. It is based on ability to pay. Mr. Franke can not pay due to medical hardship, yet the judge insists on punishing him for being a divorced dad.

If you agree please visit

http://www.petitiononline.com/NCPdad/petition.html

[stepmary]

I'm the co-director of SecondWivesCafe.com, and Mr. Franke's wife is a long-time member at the Cafe. She posted there about this outrage yesterday, after court.

When her husband asked how his wife and baby would be able to obtain food and medical care if he were jailed, the judge said, "She'll [Mrs. Franke] have to figure that out herself. Your first children come FIRST and your 2nd family is LAST."  

To add insult to injury, the judge stated that since Mr. Franke has not footed the bill for his adult daughter's first semester (and is thus in contempt, in this judge's opinion), Mr. Franke will ALSO be expected to pay his former wife's attorney fees.

Please, sign the petition!

If you'd like to help further, a Chicago-area Cafe member is organizing a protest to be held at the courthouse later this month at the time of Mr. Franke's next hearing. You can send me an email if you'd like to participate.

Thank you!

[VeronicaGia]

The judge actually said he would garnish 100% of this guy's pay?  That is against FEDERAL LAW, but we all know that judges don't have to abide by laws, do they?

Please keep us posted on this.

[StPaulieGirl]

http://nsnlb.us.publicus.com/apps/pbcs.dll/article?AID=/20040108/NEWS02/201080428

Senate: Divorced parents can't be made to pay for college


By ANNE SAUNDERS
The Associated Press
Published: Thursday, Jan. 8, 2004

CONCORD - The state Senate voted Wednesday to bar judges from ordering divorced parents to pay their children's college expenses.

The 20-2 vote sent the bill to Gov. Craig Benson for signature. The House had approved it last year.

Judges cannot ordered married couples to pay for college tuition, and it would be unfair to apply a different standard to those who are divorced, said Sen. Frank Sapareto, R-Derry.

"If a college education is to become public policy, it should be for all parents, not just divorced parents," added Sen. Robert Clegg, R-Hudson.

Lawmakers wanted to reverse a state Supreme Court ruling extending a divorced father's child support for his daughter while she attended college.

Clegg said parents can make divorce agreements that cover college expenses even though judges can't. Judges can approve the agreements and enforce them.

Other states allow judges to order a divorced parent to pay college expenses for their children. Studies show the children are less likely to go to college.

The Senate also approved a bill that would seal financial records in divorce proceedings. The Senate said the information can be released if someone can convince a judge the public interest is served.

Supporters of restricting access argue affidavits provide information that could be exploited by stalkers or identity thieves.

But those who want divorce records to remain open say the public can't evaluate the fairness of property divisions and child support orders if they can't see the facts underlying those decisions.

Clegg said the added exception protects the public interest but establishes "a high standard to protect the privacy of divorcing parties."

The bill goes back to the House.

The Senate also approved and sent back to the House a bill that would make it easier to change a child custody arrangement if the court is convinced the existing arrangement is detrimental to the child. The current rule allows for a change only if there is a "strong possibility the child will be harmed" without it.
____________________________________________________________

Keep your eye on this. If I'm not mistaken this bill would set a precedent?  Socrateaser would probably know.

Good luck!

[StPaulieGirl]

When her husband asked how his wife and baby would be able to obtain food and medical care if he were jailed, the judge said, "She'll have to figure that out herself. Your first children come FIRST and your 2nd family is LAST."

[p]Why she can go on welfare! /sarcasm

[p]Petition signed!   1800.00 is a lot of money for two kids.  Does that include alimony?  

[stepmary]

I'm not actually sure if it includes alimony.

One thing I *DO* know is that the biological mother has successfully alienated Mr. Franke's three older children from him, and the adult college student in question refuses to have any contact with him.

[StPaulieGirl]

I posted this on Free Republic's website.

http://www.freerepublic.com/focus/news/1054862/posts?page=1

Let me know if I have the correct info posted.  This site gets a lot of traffic.

Stepmary, I included a link to secondwivescafe.com.  If there is a protest at the courthouse, let us know.  Some folks in the Chicago area might be able to help.

[StPaulieGirl]

She doesn't want any contact with Dad, just his wallet.  She'll make a wonderful wife and mother someday...

[ksswthrt74]

I passed this on to the NCFCNH ( National Colation for Fathers and Children New Hampshire) group that I am with.  I told them to email it to everyone they know and to sign it. I hope it helps.


Good Luck

[stepmary]

There is one error in the petition; the hearing should be listed as 2004, not 2003. I contacted the petition author and hopefully she can correct it soon.

One of our moderators (she's a journalist) is putting together a press release today, and we'll keep updating y'all as we get going!