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If you're a regular reader, you know that Shoalanda is a friend of Mark Davis. We make no pretense to be anything else. We admire Mark and want you to know his story if you're not familiar with it. We understand there are two sides to every story, but we're asking you to consider what has happened here...in Alabama...in Lauderdale County.Mark and his wife had a daughter while living in Tennessee. A short time after the child was born, Mark and his wife divorced. The divorce decree gave each parent equal custody--joint custody if you will. Sometime after that, Mark's ex-wife moved to Alabama, and he followed in order to remain an active parent in his daughter's life.
When Katie became old enough to enter kindergarten, Mark's ex-wife sought to have the custody arrangement amended. She wanted to have control of the child's schooling, and Judge Mike Suttle agreed, striking down the original Tennessee decree. Now the State of Alabama said that Mark could have Katie only four days (two weekends) a month.
Mark, who acts as his own attorney, felt the judgment was invalid. Over the past six or so years, Mark has been involved in litigation to secure 50% custody of his daughter which he feels is legally his. During this time, Mark did not pay child support since it was his opinion the original Tennessee decree was the valid one--not the one issued by Judge Suttle.
After Suttle retired from the bench, Judge Mike Jones took the case. At some point Mark sued several individuals involved in this litigation, including Judge Jones. Now Jones has jailed Mark for contempt of court.
This is not standard procedure, although it is in Jones' power to do so. We ask why it was done. If it's not standard procedure, has it been done in retribution for the lawsuit?
The wording of the orders which sent Mark to jail is apparently somewhat nebulous. Some feel it could be considered an ongoing edict, effectively keeping Mark there for years if he doesn't pony up a huge chunk of cash...with an illegal amount of interest.
We have been very concerned for Mark since learning of this situation and today called the Florence-Lauderdale Detention Center. We were informed that the court order is for 60 days, but that there is a provision of a $6,000.00 appeal bond. In other words, if Mark (or anyone) pays $600.00 plus a small fee to a bail bondsman, he can be freed right now. We are not sure if this is correct or not, but we hope it is.
Here is a link to a Facebook page set up on Mark's behalf:
We're asking each of you to consider this incident: Could it happen to you? Think about it...
Shoalanda
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.
ReplyDeleteThis 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 arrear 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!
Thank you for spreading awareness and posting this story! Mark needs help now more than ever.
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.
ReplyDeleteIf he wishes to contest the fact that the amount includes 5yrs 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.
Mark is another victim of the abusive court system that runs in America have prey on the lower and middle class. However, Mark should be wise enough to figure if he is not spending a 50/50 time with his daughter then he owes child support. Bottom line.
ReplyDeleteMark is just another victim to the abusive court system we have in the country who prey on lower and middle class for money. Why does a man owe a dollar amount and have to pay interest on top of it. Did his ex wife receive money each month from the child support system that Mark didn't reimburse and that is why the huge amount is due? No she didn't get anything and the system runs on the extra money they are charging it is a scam, However Mark should have known when the Judge gave him a order and he knew he was not spending 50/50 time with the child he was going to owe something. Yes the amount is ridicules but if your not a millionaire and can afford to hire one of these good ol boys from the lawyer pool your just out of luck in fighting the giant.
ReplyDeleteKevin D Moreland I personally no Mark Davis to be a very fit Parent. And that he contiually meets the needs of his daughter. For Judge Jones to make a ruling on his case and not here his evidence is ricdicious. Judge Jones should have to here all the evidence before making a ruling in this case. Maybe the Voters of this area will see him for what he is.
ReplyDeleteIs Mark Davis Free? And yes, it CAN happen to you. I'm ready to make my voice and those that have beenhad no voice, or rights. .heard. the Judicial system needs many changes. Many with what seems like they forget they are to follow the letter of the law and fall asleep when it comes to them committing a Crime when they don't follow the law set before them, acting as their above the law or untouchable. To many injustices, too many lies..time for change. Sadly we've seen here about too many victims of the legal system. Wrong. ..it's wrong when a man brags he's gonna kill a man, follows threw, says on the stand he'd do it all over again, walks around wherever he please whIle being on house arrest. Only until the victims family members speak out is he locked up. Then I see and hear yrs later another case of evidence presented to the judge, that should have clearly reclused, the evidence heard was reason for the case to be dismissed, many mistakes maDe by the legal system, many rights violated, lawyers not going to see their own clients, lies told by those that are suppose to protect, serve and be truthful. Liars in sheep's clothing, some faithful church members, some with demons on their own lives. .playing God. God knows each one and that gives me comfort that He will deal with them in the end. But we shouldn't remain silent. We should speak out when there's injustice. Today is a day many will need to his their lies, deep in the heart of the earth, if they think it's buried forever, think again. God is the ultimate Judge.
ReplyDelete