I applied for legal aid and retained a Rick Strahl, who proceeded with an application to cancel all arrears and set a reasonable child support amount going forward. I had voluntarily paid small amounts over the years that amounted to a substantial sum by this point.
On January 23, 1997, the Honourable Judge Waurynchuk cancelled all outstanding arrears, and reduced my child support to $150 per month from August, 1996 onward.
The order has been sent at least 7 times over the years to the California Central Registry. FMEP was also sent copies, and asked to forward them to the reciprocating jurisdiction for a confirmation hearing. I have a copy of a letter from the Reciprocal Office of the Family Justice Program, Attorney General, Victoria, B.C., to the California Central Registry, dated June 25, 1997, including all the necessary documents and requesting that the documents be forwarded to a court of competent jurisdiction for confirmation hearings.
As of 2005, California had still refused to admit receipt of this order.
At this point in 1997, I was lead to believe, by FMEP and my attorney, that everything was in order and taken care of, unless I was required to attend the confirmation hearing, which was unlikely.
I graduated from S.F.U. in 1997, with a B.A., and enrolled in the U.B.C. Teacher Education Program starting in September, 1997.
In June, 1998, I went to California to see my children and personally handed a copy of the B.C. Order to my ex-wife. She laughed and, phone in hand, threatened to call the police on me as a “deadbeat dad.”
While still in California, I called the California Attorney General, Family Justice Center, but no one seemed able to help me.
Returning to B.C., I spoke with supervisor Colin Miller of FMEP, who advised that he would look into it. I also spoke later with a Mike Redding, who said he would look into it.
On October 19, 1998 Colin Miller called me and said that contact had been made with California.
I have copies of correspondence between FMEP and California District Attorney, Family Support Division dated October, November, and December 1998 stating they were sending me, and later that they had received back an application for a modification review, signed by a Daniel Lungren. I have no recollection, or copies of having received or replied to correspondence such as this. I would not have submitted to a review by the California D.A., as I believed, and still believe, that the would be anything but impartial. They are the enforcement people. They put people in jail if they can’t pay.
I completed my BEd in November 1998, and took a position teaching in Bella Coola, B.C., where I remained through June, 2000.
My tax return for 1998 states I earned $11,214. As soon as I began receiving a paycheque, I began making monthly child support payments through FMEP. At this time, all garnishments had been removed and I thought that everything was taken care of.
In 1999, FMEP recommenced collection efforts on the 1991/2 California Order. I received correspondence from FMEP stating that I still owed all of the arrears under the 1991/2 California Order.
In 1999, I made $34,215.
In February, 2000, my mother passed away. I travelled to California to handle her affairs. I spoke to the attorney handling my mother’s probate, and asked him to recommend a competent lawyer to look into a family court issue. He sent me to a Ron Augustinsky and he agreed to act for me. He stated that we merely needed to bring an application to vary the original Order. I left it with him and returned to my job in Bella Coola.
Augustinsky attempted to obtain the original hearing records. He was told that there had been a flood at the courthouse that destroyed the records, and that the court reporter was dead, so copies of her notes were gone as well.
Throughout 2000-2001, I called Augustinsky every couple of months. He kept saying that he really should be filing something and that he was collecting documents. The good news was that he was not sending me bills for the lack of progress.
Earnings from 2000: $29,306; 2001:$9,555
In 2002, FMEP filed a lien against my home and instructed the B.C. government to withhold issuance of my driver’s license. I phoned FMEP and asked what it would take to clear up all the arrears. I was advised that the total arrears was $95, 182.78, if paid the next day. I felt that I had no choice and proceeded to use a large portion of my mother’s legacy to purchase a bank draft for that amount. I have a copy of this draft, dated August 29, 2002. It was couriered to FMEP. FMEP, for some reason, chose not to record the $95,182.78 payment as received until October 15, 2002.
FMEP WITHDREW ALL LIENS AND ATTACHMENTS.
FMEP documents show that I paid through them a total of $117,137.04 from 1997 through July 14, 2004.
During this same period, under the B.C. Order of Judge Warynchuk, I should have paid a total of $12, 350.
April 2011: FMEP files a wage attachment of $800 per month, and a lien against my vehicle.
The “children” are now 25, 27, and 28. Two of them served in Iraq with the U.S. Army.
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