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Court cites fishy documents in reversing support order

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A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.

A couple married in Toronto in 1992 divorced in 2006, and the mother and children moved to Indiana in 2011. The father, who now lives in Georgia, unilaterally began paying substantially less child support, pursuant to the Indiana Child Support Guidelines.

In Joel Zivot v. Pamela London, 49A02-1207-DR-613, Pamela London sued, filing as evidence a certificate of divorce, separation agreement and handwritten minutes of settlement, and later claiming her ex-husband was in contempt. Marion Superior Judge Thomas Carroll in May entered an order and judgment on London’s verified petition for contempt. Joel Zivot was ordered to pay his ex-wife’s legal fees and 75 percent of the cost of his childern’s college education, in addition to the $27,522 judgment.

But Judge Edward Najam wrote that the court should not have acted in any manner with the documents presented as evidence. In reversing the lower court, he wrote for the panel, “We agree (with Zivot) that the trial court did not have before it a foreign support order subject to enforcement, nor could the trial court enforce child support based on written agreements between the parties where there is no evidence that such agreements had been approved by a court or incorporated into a court order.”

Najam wrote that the divorce certificate “was not signed by a judge, magistrate, or other official with authority to preside over dissolution proceedings. Rather, it was signed only by the clerk of the court in Ontario and is dated eleven months after the parties’ marriage was dissolved and ten months after the dissolution of marriage became effective. From the face of the document, we cannot conclude that the Certificate of Divorce is a judgment, decree, or order of a court. Thus, the trial court erred when it registered the Certificate of Divorce as an order from another state.

“The trial court lacked jurisdiction to enter an order enforcing Father’s child support obligations. The trial court did not have before it a child support order from another state, a prerequisite to enforcing a foreign support order … Thus, the trial court erred when it entered the Order enforcing Father’s child support obligations and ordering Father to pay attorney’s fees as a result,” Najam wrote.

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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