Wednesday 20 April 2011

Background facts - PART 1


Chronology of events:

October of 1990: My wife and I separated and the 3 kids were living with me, while she was supposedly finishing her last semester of her teaching degree. I was working as a union painter full time, earning about $22.84/hr. I was paying $300/mo child support, paying off debts from our marriage, I signed over to my ex-wife my half interest in our 4 acre property in Oregon, was paying all costs of daycare for our children, and paying for a psychologist to help our sons deal with the break-up of the marriage.

December 1990: Work had fallen off and I could no longer afford my family lawyer, John Staley. My soon to be ex-wife began refusing access to my children.

On the first Monday of January, 1991, I was given layoff notice by my employer. I immediately informed my ex-wife of this event. The economy in California, at this time, was a disaster. Major corporations were fleeing the state because of draconian  anti-corporate legislation. There were no jobs in my trade and the situation looked likely to deteriorate further. In fact, it did. 

January 22, 1991: California Judgment made in my absence setting child support at $300 per month.

By late spring of 1991, I decided to return to my birth country, Canada, and look for work. I arrived in British Columbia with $60 in my pocket, a 1981 pickup truck, my tools and a few personal effects. I immediately found work and notified my ex-wife and children where I was.

September 29, 1992: 1991 California order finally dated and entered, and somehow modified to $550 per month.

Despite ongoing communication between myself and my ex-wife, Catherine Godric, I was not informed of either of the above legal actions until sometime in 1996. During this period I had made voluntary payments as I was able.

During the first half of 1992, I worked as a painter sporadically until June, when I was injured on a job. My doctor advised me to find another line of work, due to the likelihood of chronic episodes which would get progressively worse. I was periodically on welfare. I did not apply for disability assistance. Instead, I enrolled in East Kootenay Community College to complete my education.

I had three years of university credits from the late 1970s. During my marriage, I had an agreement with my ex-wife that I would work to support the family, and she could finish her degree. When she was working, it would supposedly be my turn to get my degree.

Total earnings from tax records from 1992: $5,574; 1993: $5,147; 1994: $3,495.

In July of 1994 I graduated with honors from E.K.C.C., now College of the Rockies, with an Associate of Arts. During this time I lived on student loans.

I applied to Simon Fraser University and was accepted for the Fall term. I moved to Burnaby. I was living on student loans until my graduation, supplemented by some part time work.

Total income for 1995 from tax records: $915; 1996: $1,967; 1997: $7,027

During the period 1993-1997, my ex-wife only allowed visitation once or twice per year with only one child at a time. I bore the entire expense of these visits, including travel.

During one of these visits, one of my kids remarked that he had overheard his mom bragging to someone on the phone that she had “lied to the Court.” Both my son and I assumed that she was talking about the 1991/92 hearings and Order.

In the spring of 1996, I was notified that a California Court Order, which I believe to be the 1991/1992 order, had been registered with the B.C. Family Maintenance Enforcement Program. According to B.C. Court records, the California Order was registered in B.C. on or about February 24, 1994. I have a copy of a letter from the B.C. Attorney General designating the Provincial Court in Kimberley, B.C. as the registration court.

The stress of four years straight of post secondary studies, living on student loans, not being allowed to see my children, and finally the immediate threat of enforcement of a court order that I could not possibly pay, and firmly believe to have been fraudulently obtained, caused me to have an emotional breakdown, midterm. I took the rest of the semester and the summer off, to recover and try to deal with the legal issues.

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