Father’s Rights
Association of WNY
PO Box 100
Buffalo, NY 14213
Dear Mr. Torke,
I am writing this letter in search of help to stop my ex-wife form totally ruining
my life in the name of "child support".
I was informed , by my now ex-wife, that I was no longer wanted and that I was to
leave my home and my child in May of 1994. One week later I was laid off from my job as a
union truck driver, the lay was a permanent one. The union end of the company closed down.
On May 27, 1994 a separation agreement was drawn up between my union appointed
lawyer and Cara my now ex-wife and her attorney. It read the basic visitation for the
father. For the mother" sole custody, exclusive supervision, control and care of our
three year old daughter, Chelsie. The financial part read: $110/wk child support, half of
day care, family health care difference, half of all uncovered medical, college fund and a
life insurance policy naming Chelsea as sole beneficiary. All of which has added up to
$206/wk to be paid to the mother. Cara kept the house and the contents, the paid for 1994
Chevy Blazer, the $28,000 in invested monies and savings accounts, half of the checking
and the family dog. I was allowed to keep my 1984 pickup truck and my 1978 motorcycle and
half of our checking account which was $1500. At the time I was on unemployment at
$300/wk. When I questioned my attorney about these amounts he stated "that’s the
best you are going to get". I decided to buy a dump truck and use it for self
employment. My father gave me the downpayment and by July 1 I was working with the truck.
The amount of income from this job in no way enabled me to afford the $206/wk in child
support but I continued to until July 1995. I was falling into debt because I was using my
credit cards to support myself so I could pay child support with my income. At that point
I felt it was necessary to obtain legal advise on how to correct this problem. We tried to
modify the agreement and was denied because hearing examiner Considine said there was no
change in circumstances. At that time I wanted to help support our daughter, Chelsie, so I
paid $50/wk. There was no way I could continue paying the $170/wk plus the medical and
life insurance that averaged $206/wk. I once again tried to modify and again was denied
but then informed that we needed to change the agreement.
During this time Cara hired Tom White as her attorney to go after arrears. He is
the Chatauqua County Law Clerk and personal secretary for Judge Cass. I was petitioned and
subpoenaed repeatedly in front of Hearing Examiner Considine and Judge Hartley and each
time I was informed that I could not modify and I was willful in contempt of not paying
the full amount of child support and awarded her attorney’s fees.
In 1996 my girl friend, who is now my wife, was subpoenaed on two occasions while
at work to appear as a witness for Cara. Margie had less that 24 hours before she had to
appear and was demanded to bring her taxes, checking account, register, savings account
statement and household bills. Her employer at the time was less than pleased and she was
laid off shortly after the second subpoena and second day off of work. On January 3, 1997
Judge Hartley ordered that I pay $172/wk and half of all medical and maintain three life
insurance policies pay Cara $2500 within 30 days or go to jail. On January 4, 1997 Hearing
Examiner Considine ordered that I pay the support collection unit $110/wk. I started to
pay the $172/wk and the $2500 out of my credit cards and the received a notice from SCU
that I was $770 in arrears so I wrote a check on my credit card to pay that.
My attorney filed a petition to change the separation agreement and her attorney
demanded that I be incarcerated on contempt for failure to pay full amount of child
support. Judge Hartley was asked to step down because my divorce attorney , Kevin Laumer,
is his brother. In his place was Judge Ward who would not incarcerate me until this was
sorted out. Cara the fired Tom White and hired Gregory Stewart from the law firm of Siegel
Kelleher & Kahn. Our cases were then moved from Chautauqua County to Erie County.
In June of 1997 my business account was frozen and my dump truck was seized for
child support arrears. I was left penniless and without a job. My new wife was seven
months pregnant at the time. I was forced into bankruptcy and my dump truck was returned
along with my accounts let loose under a Chapter 13 Plan. I was going to try to pay back
the child support arrears at 9% interest over the next 5 years except the amount went from
$6,000 to $12,000 and the support collection unit has an amount of $3000 and climbing and
there just isn’t enough money to be earned that the bankruptcy court can accept this
plan. At the next bankruptcy date I’ll assume that my truck will be sold for equity
to go for child support arrears. (sale June 1998)
In November 1997 my CD license was revoked through the SCU for back arrears. I
started working part time at Cockaigne Ski Resort making snow at night and 40% of my pay
check was taken for child support arrears. I was making $5.60/hour. At that time I stopped
paying $50/wk on my own. Judge Dillon has moved my case to Genesee County. Cara’s
attorney has filed for attorney’s fees which are around $9000 for the last 8 months
and still accumulating as are the child support arrears.
I am financially ruined. My wife received medical assistance for the pregnancy and
delivery. Our six month old baby, Sarah, is on medical assistance now and WIC. We
qualified for a HEAP grant. The only thing I have is a 1984 Oldsmobile and my 1978
motorcycle. My wife’s savings account is gone and she had to cancel her life
insurance policy for the remaining cash. My wife’s family has helped buy the things
that the baby needs and the support she receives for her 15 year old son has been feeding
our family.
Cara remarried in 1995 and now owns a house that is assessed around $80,000. Her
and her husband have an annual income of around $55,000. They both own a new Blazer and
have life insurance and vacations and entertainment, etc…My new wife owns a house
assessed at $18,000 a 1987 car and a 1989 pickup all which she owned prior to our
marriage.
I’m not asking that I be able to live as well as them, only that we are
allowed to live in peace and be able to afford the necessities in life. I pick up my
daughter faithfully every other weekend, every other holiday and two weeks in the summer.
My ex-wife is now trying to have my visitation modified. When does a father’s right
come into play. My next court appearance is June 5th 1998 in Genesee County, at
this time we will see if Judge Dillon will allow me to modify my child support. In the
past 3 ½ years I have receipts that total over $20,000 paid for child support and I am
still in arrears in excess of $12,000.
I will be praying for any help I can get to stop this nightmare.
Sincerely,
Robert A. Ozga
5617 Rt. 380
Sinclairville, NY 14782
716/962-4253
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