Evaluation & Clarifications
Ignorance is not bliss. And what you don't know, contrary
to the saying, can hurt you. The development of knowledge continues as
we pass through life, but what a price we pay when we get "caught" before
we have made our journey from the Land of Ignorance. You are easy prey
to the attorneys and courts as long as your don't know your rights or
how the system works. Realization at a later time of your ignorance does
not eliminate the torment the courts will pull a person through. Learn
as much as you can about everything before tragedy knocks at your door.
The courts are set up in three levels. MOst disputes are
settled in the Circuit court, which is the lowest court also. If you
disagree with their decision you can then appeal to the Appeals court.
But it has to be done within 90 days of the Circuit court's decision.
After that I understand if you don't like the Appeals court decision,
you can take it to the State Supreme Court.
I recently learned that my approach on arguing against
having absolutely no depreciation added back into my itemized adjusted
gross income is not correct. Right or wrong, standard depreciation is
considered as income by the banks, loan agencies, and the IRS. However
accelerated depreciation allowed by the IRS for the first year after
purchase, does not get included.
For the year of 2001, the banks and the IRS would label
my federal AGI (Adjusted Gross Income) which includes standard depreciation
is $20,677.00. My AGI was $17,129.00 for 2000 and $19,821.00 in 2002.
However the Kenosha courts refuse to accept any figure less than $40,000.00.
That is double of what I made and am in jail because of that. Even if
I didn't get a penny for my two boys and my "real" federal AGI Was accepted,
the child support for 27 months would be $15,817.91. I paid $18,000.00,
but I'm in jail! The feared IRS is a teddy-bear compared to Judge Mary
K. Wagner. When I requested a print out from the Child Support Agency
on who I am responsible for, all of my seven children are listed. Even
though two of them have been in my custody from the beginning. Because
of that, they don't go after my wife for support and therefore I get
nothing for them. The Agency tells me they can't change it and it must
be changed in the courts. The courts didn't and won't change it and excuse
it away as just a minor mistake. "Besides we calculated the support not
by how many children, but by your income of $40,000.00."
When the judge released me by July, I right away filed
for a hearing to change the errors. On August 10th, Commissioner Fritzgerald
refused to make any changes. I immediately filed for the DeNova Review
which demands a judge to look at it. At the same time I also appealed
to the Appeals court. On September 2nd Judge Mary K. Wagner fled from
the courtroom upon me entering. Within five minutes I was led away in
handcuffs. She didn't even have the integrity to give me the hearing
that I requested. I think she is a vindictive and unfit judge. She is
almost half way done with her six year elected term. I sure wish in three
years the people would vote for justice instead of her.
Now the Appeals court can't act on a Commissioners decision,
but only upon a Judge's ruling. The Judge fled from the courtroom so
there was no hearing, so once again they couldn't do anything.
I heard a rumor that my EX-wife's attorney and Judge Mary
K. Wagner have been close friends for a very long time, possibly as far
back as high school. If that is true isn't that a conflict of interest?
I wish I had an attorney that can demand a hearing before a different
"good" judge.
I will give my explanation of her possible reason why she
threw me back in jail. For the past two and a half years she has financially
smothered and crushed me until she finally threw me in jail on March
26, 2004. Most Americans are two missed paychecks away from bankruptcy.
In what financial position would you be in if you had zero income for
97 days and in jail? Would your house or vehicle be in repossession?
Would your credit be in collections? Would you still have a job? If you
would be locked up for that long? When I came out, my van was impounded.
After being eleven days out of jail, I finally borrowed enough money
from a friend to get it back. I then rejoined my two boys. I hadn't seen
them for 3 1/2 months. By the end of the first month I finally got another
job. Then the pain started of getting back in shape after the over three
months of muscle determination because of jail. There isn't any exercise
equipment and you ar not allowed to jog or run. There are a lot of restrictions
and the body gets weak. By that second month I regained my stamina and
paid a few bills including a few supplies for my two boys. Then September
second Judge Mary K. Wagner throws me in jail probably because I didn't
increase the $18,000.00 amount I already paid for child support in the
two years. The real reason I think though, why she threw me in jail is
to retaliate against me for my website. And when I get out NOvember 24th,
I will reface the same problems again, except worse because of my seasonal
work and skills. Because winter is such a financial struggle I will be
in contempt again. By Spring I will end up spending next summer again
in jail. My current address;
KCDC (Kenosha County Detention Center)
Bernie
Tocholke
3804H GN 45
4777-88th Avenue
Kenosha, WI 53144