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Its important to note that Mark's 2006 child support order was overturned by the Alabama Civil Court of Appeals and remanded to the Lauderdale County trial Court to be corrected.
This is another reason why the only valid child support order was the $0 order from the TN court.
When Judge Jones finally "corrected" it in April 2013, Jones had charged him for 5 years of daycare expense when Mark's daughter was not in daycare and attending public school. Judge Jones also charged Mark for health care premiums for his ex wife and her husband. It also appears that Judge Jones may have calculated the child support using the new increased guidelines vice the old ones that would be applicable to this case. Additionally Judge Jones charged Mark 12% interest instead of 7.5% pursuant to applicable law.
All of these over charges created an child support arrears of $34,000 which Judge Jones ordered to be paid immediately. Mark had no means to pay that.
Mark appealed, and the case is still with the AL Civil Court of Appeals.
Even though Mark wasn't paying child support through the State, he still paid for his child's braces, school lunches, extracurricular activities, clothes, food, and medical expenses. He frequently wrote his ex wife asking if there were any financial needs for his daughter that needed to be taken care of. The reply was no.
Mark submitted receipts for the above which the judge even stated in his order that he was not going to give Mark credit for.
Bottom line, the State wants its Title IV-D funding. Mark was exposing officials unlawfully accepting this money so they decided to shut him down and throw away the key.
Mark is truly one of the best men you will ever meet. He is a true Christian and I will forever stand by his side!
If Mark could bond out on $600 we would have him out today. Unfortunately, the only way for him to be released is for him to purge himself of the Civil Contempt and pay the approximate $34,000 in full.
If he wishes to contest the fact that the amount includes 5 yrs of daycare expenses for when his child wasn't even in daycare, or that the above amount includes health insurance costs for his ex wife and her husband, he would have to post a supersedes bond and pay 150% of the judgment amount.
This information was given to us from his attorney.
Shoalanda
Ahhh. This additional info answers all of the questions I had from the previous post. This makes much more sense to me now. I will add Mark to my prayers.
ReplyDeleteFamily "Law" in Alabama and most states is a mockery of justice. We need to take the money OUT of the divorce process if we want to discourage divorce and encourage families. Even post-divorce, money drives everything, with the lawyers and courts running with no meaningful check and balance, and with major financial incentives from Title IV and the Federal Government to discourage true joint parenting. Winner-take-all divorces feed the state coffers and destroy parents and children.
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