July 23, 2010
Greets and Huggers. Posted the evening of July 25, 2010. Had my first run in with R.S.Mo 210.854 this week, (the new statute that empowers a court to reverse all past paternity orders, judicial and administrative, based on new DNA evidence). In my case, (all references to make the parties identifiable have been changed), Mom and Dad get a divorce in 2003, with Dad getting sole custody of the 3 children born during the marriage and Mom was ordered to pay child support. Mom filed a “Motion to Modify” in 2003, during which, Mom alleges one of the children was not Dad’s and petitioned the court for a DNA test to prove it. The court overruled the motion for DNA testing, on the basis that the matter was “Res Judicata“. The court did modify the decree, awarding Mom “Joint Legal” custody, Dad “Sole Physical” custody, granted Mom 7 weeks summer visitation and allowed Dad to move out of the State of Missouri. At the end of summer visitation last year, Mom refused to return 2 of the children to Dad, (the 3rd had graduated high school and was emancipated), and filed another “Motion to Modify”, alleging the children didn’t want to return to Dad. Dad, who had lost his job, filed an “answer” pro se, and did everything he could to get the children back, but was unsuccessful doing so. Dad could not raise the funds to attend a “case management” and failed to timely reply to standard “discovery”. Dad was facing “sanctions” when I got involved at the beginning of the year. We had a hearing which resulted in no sanctions and the matter was set for trial. At the beginning of trial, Mom asked for a DNA test, alleging one of the children was not Dads, (pursuant to R.S.Mo 210.854) … and that the child in question had a relationship with her biological father. Case was continued and the court ordered a DNA test. So now what? The statute states, inter alia: “In the event of the entry of a judgment or judgments of paternity and support, whether entered in one judgment or separately, a person against whom such a judgment or judgments have been entered may file a petition requesting a circuit court with jurisdiction over the subject child or children to set aside said judgment or judgments in the interests of justice and upon the grounds set forth in this section.” Does this section apply to Moms, (after all, there is never a question as to who the mother is, is there?) Does it apply to dissolution actions? If so, is the court supposed to set aside the Decree of Dissolution or only part of it? Would a Paternity action have to be filed, naming the putative father, if DNA evidence warrants setting the judgment aside? Would it be part of the same action, or a new action? The court would not want to bastardize a child, would it? Can the issue be raised in a modification action … since you are seeking to modify the judgement, rather than set it aside? No doubt, it will be interesting to see how our appellate courts interpret this statute … and underlines the fact, we need lawyers in our legislature.
And also this week … men stuffing things in their shorts: (CNN) – Mexican police arrest man hiding 18 monkeys under clothes at airport. “Mexican authorities searching a man with a bulge under his shirt at the airport in the nation’s capital found 18 monkeys hidden beneath his clothes, police said. Investigators grew suspicious after Roberto Sol Cabrera Zavaleta, 38, became “markedly nervous” when asked what he was transporting, Mexico’s Public Safety Department said.” That was probably a miss statement by the “Investigators”. The monkey’s were South American “Titi Monkeys“, arboreal nut eaters. No doubt the suspect became “markedly nervous”, when he noticed the monkey’s were working their way down to his crotch … and … condoms, stealing them, is something you would risk going to jail for? INDIANAPOLIS (WISH) – Police: Condom thief stuffed his pants. “Metro Police are looking for a man who gave a Broad Ripple security guard a hard time while stealing several boxes of condoms from grocery store. Officers were called around 9:30 p.m. Tuesday night to the Marsh supermarket located at 2350 Broad Ripple Avenue. The security guard told investigators he witnessed a man shoving several boxes of condoms down his pants.” Certainly not the place contemplated in the old “Firestone” Tire jingle from the 60’s and 70’s: “… Where the rubber meets the road.“!! Doesn’t sound to me this idiot would have much use for these tires. I can just picture this pilgrim explaining to his cell mates, what he was busted for: “Yea … well, I was on my way to rob a bank and thought I would stop and pick up some things for later.” Wonder what his place in the prison hierarchy will be?
And another candidate for bottom lug on the prison totem pole: HUDSON, TX (KTRE) – Police charge Lufkin man with sex assault of girl high on cough syrup. “Hudson Police have arrested a Lufkin man after they say he had sex with a 13-year-old girl while she was high on cough medicine. According to an arrest affidavit, Joseph Michael Weeks, 18, met up with the alleged victim and two other friends. According to the report, one of the friend’s mother allowed her daughter and the 13-year-old girl to leave with Weeks, but she told Weeks not to mess with the girl because she knew that he was a “male whore dog” … Thornton [a friend of weeks] says the community is disappointed. Weeks had plans to enlist in the Air Force. “They don’t think it’s right because Joseph had a life to look forward to,” Thornton said. “Now, it’s ruined.” I would never have suspected “cough syrup” could be a “date rape” drug. The community was disappointed because this idiots life was ruined? What about the 13 year old victim? And, what kind of mother would allow her daughter and a 13 year old child go out with a “male whore dog”? Perhaps Texas “male whore dogs” don’t pose as much of a threat to young girls … as “male whore armadillos”? Course, then there’s them “longhorns”.
And for our home grown Missouri morons: JEFFERSON CITY, Mo. — Undercover taxidermist busts illegal hunters in southern Missouri. “Dozens of hunters in southern Missouri could face criminal charges stemming from a sting involving an undercover taxidermy shop. The Department of Conservation said Monday that it discovered 425 wildlife violations committed by 68 people who brought animals into “Craig’s Taxidermy” in Birch Tree in southern Shannon County.” I can understand a person poaching, hunting to provide food for their families. But share with me … how much food could you have bought, for the money you would have spent having your “trophies” mounted? Can you picture the conversation these folks would have if sharing a cell with the monkey smuggler and the condom thief?
Short Ramblings this evening … was working on an emergency motion for temporary custody/visitation in a Motion to Modify currently pending. Seems my client will be deployed to Afghanistan in about 6 weeks and the decree we are seeking to have modified only calls for 2 weeks summer visitation with his son. The trial is set in 3 weeks and he will have to leave for pre-deployment training the day after trial. He will have two weeks in September … then ship out for a year in Afghanistan … on convoy duty, (he’s a truck driver). Mom refuses to allow him the extra time with his son. Frankly, makes my heart bleed even thinking about the pain/loss he has to be feeling … and the fear, (not his, although he no doubt has some … but his son’s). There are other facts which obviously led up to the Motion to Modify, but her attorney’s response to the request for additional time? “FAX me a proposal and I will talk it over with my client. Absent an agreement, I have told her to abide by the decree.” “How about the next three weeks?” “No.”
Time to post these Ramblings, it’s later than usual. The “Editorial Staff” is asleep. It is hot and humid outside … I can hear the air conditioning working to keep us cool and comfortable … and the electric company’s shareholders smiling. I’m looking at a geothermal heat pump. They are expensive and I am not certain, as yet, whether at our age, the investment would be cost effective. If Susan and I were younger, I would commit in a heartbeat. I noticed several posts on the SFIG about upcoming changes to our Tax Code and how the net effect will be more tax revenue for the Federal Government. Not being touted as a tax increase, but just a means to ensure more people pay their fair share. From what I understand, everyone will have to file a 1099, report ANY payments over $600.00 made to anybody during the tax year, (like utilities, insurance companies, grocery stores … you name it!) A fine/penalty if you don’t. Some folks will have to report health insurance paid by their employer, as income … slowly, bits and pieces of the 2,700 page “Health Care Reform Act” are coming to light. Also, the Bush Tax cuts will be not be renewed. Not really a tax increase is it? But then, there has to be a way to pay for the 3.2 TRILLION dollars spent by this administration and their Republican cohorts, these past 18 months. The party of “No” has not been real successful saying “No”. If there is a difference between “Red” pigs and “Blue” pigs, (the reference to pigs is from Orwell’s “Animal Farm“), would you share with me what that is? Time to post, and later, when I say my “Thank You’s”, a special prayer for the safe and soon return of my client … a prayer that his ex-wife does not break out in hundreds of tiny *ssholes, and each one develop hemorrhoids … a “Thank You” for Susan to share this life with … and a prayer for the safe and soon return of all of our men and women in uniform, (care to join me?). Be and sleep well knowing our men and women in uniform, (like my client), will be on watch, sacrificing, so you can. If my post offends, I apologize. That is not my intent. As always …
A Warm Brotherly Hug
KarlT (the dumb old country lawyer from Holden, Missouri … and the Editorial Staff, Dinker, Willie, Karly, my Lil Buddy and Floydious Irritatus … the copy boy.)