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LOCAL News :: Civil & Human Rights

Unjustly Jailed in America [in Cook County, for Lack of Child Support]

Jailed for poverty - Unjustly incarcerated twice in Cook County Correctional Facilities (IL, USA) for "failure to appear" at unending court dates desired by ex-spouse. Failure and poverty caused by approximately $60,000.00 (a Class 4 Felony) Total of ex-spouse's arrearages on violated Court Orders for support payments. Who belongs in jail? Is this America, or the Twilight Zone?
There's a problem in America that I believe few know about. My Case (No. 99 D 001715, Judge Gerald C. Bender, Domestic Relations, Daley Center, Courtroom 2801, Chicago, IL) in family court is illustrative of it. I (Respondent) have come to some 100 calls to court in Chicago, IL for this Case. My ex-husband, Doran Diggs, is the Petitioner. I have been incarcerated twice in Cook County Department of Corrections for "failure to appear" at a court date because I could no longer afford to come to court. I live over 200 miles away. Five years of appearing before Judge Gerald C. Bender in Courtroom 2801, with nearly $60,000.00 in non-paid child support arrearages owed to me by my ex-husband, Doran Diggs, but not paid (a Class 4 felony), and nearly no “maintenance” (alimony) payments ordered (and even less paid), plus travel expenses contributed significantly to my impoverished position. During the course of the Dissolution, the court ordered only a few months of “maintenance”, in spite of the fact that I had dedicated 25 years of my life to my husband and children in faithful Christian marriage – keeping the home while Mr. Diggs pursued his career in computer programming. I home schooled all three of our girls – including one (Alyssa, the youngest) who required special education. I had not worked outside the home for 22 years – by agreement. It began when Doran Diggs became involved in child pornography, and became neglectful and abusive of his family –the three girls and I. Eventually he left us – after emptying the entire contents of our bank accounts. One year later Doran was fired after his employer (Allstate Ins. Co.) concluded an internal investigation and confirmed that he had downloaded and printed child pornography with the company’s computer equipment. At about the same time the middle daughter (Shannon Diggs) became violent like her father, rebelled, committed domestic battery against our youngest daughter and I, and left to live with her father. Doran Diggs, once a Christian, now said that he “did not know what to do with God”. The next month I was ordered by Judge Bender to sell the house and move – with two minor children (the oldest and the youngest), and no child support or maintenance payments. After many court dates averaging once a month, on June 21, 2001 the “Dissolution” (divorce) was finalized, with sole custody of Alyssa Diggs granted to me (her mother). The oldest daughter was 18. December 2001 I married a wonderful Christian man, who was willing to take on the responsibility of fathering the youngest daughter, Alyssa – a friendly, happy-go-lucky, out-going, sociable girl who had short-term memory disorder, low I.Q., low maturity level, problem-solving difficulties and several learning disabilities. (Not her fault – Alyssa’s brain was “fried” by spinal meningitis at 9 weeks of age.) Alyssa’s new father was uniquely qualified to do the job, having received extensive training in mental health issues and juveniles, and was very quickly more of a father to Alyssa than Doran had ever been. Alyssa was healing and flourishing under our care and in our safety. I thought my difficulties in Cook County Court with my ex-husband were over, but “round two” was about to begin. Judge Bender appointed a “Child Representative” – Gerald P. Nordgren, from Chicago Legal Clinic, Inc., supposedly to represent and protect Alyssa Diggs’ “best interests”. The alleged child representative very quickly became prejudiced and biased against me, and began to function as another attorney for Doran Diggs (Petitioner), my ex-husband, and against me, rather than being a neutral party whose concern was for the child’s best. In spite of the fact that IL State Law prohibits any modification of custody for two years after it is granted (unless the other party proves that the child is in imminent danger), Doran Diggs began to contest the custody of Alyssa only months after it was granted (without the required proof). Doran Diggs didn’t want the responsibility or obligation of caring for Alyssa; he simply desired to “beat me” by taking her. Beginning in April 2002, modification of custody, “temporary possession”, was ordered several times in the following months (on hearsay accusations only, not properly executed): to my ex-husband, my estranged sister in Maryland (Chris Brasel), and then my ex-husband again. Alyssa’s trip to Maryland was ordered to be a “no longer than two weeks’ visit”, but Doran, my sister, and the “Child Representative” collaborated in retaining the minor child out of state, a felony offense. (Doran Diggs was attempting to “dump” his responsibilities for Alyssa on someone else, and thought he had a willing party.) Judge Bender stated in court that this retention had “caused a problem”, but then covered up the offense by ordering temporary custody given to my sister, Chris Brasel. Several months later Chris decided that Alyssa was too much trouble, and shipped Alyssa back to Illinois. The Judge ordered temporary custody back to the Petitioner, Doran Diggs. Keep in mind that Judge Bender and the “Child Representative” have knowingly decided to give “possession”, then sole custody in November 2003, of a minor female child without full or normal mental capacity – testing out at 15 years of age with a maturity level of a 9 year old and an IQ of 79 – to an abusive and neglectful man who has had an “agreed” plenary order of protection on him for the previous two years, and has been investigated by the IL Attorney General’s Special Task Force – Internet Crimes, Police Detectives and found to be guilty of the offense of possession of child pornography. I was told by the Detective that if the investigation had been done just a few months later, Doran Diggs would have been looking at the world from behind bars, but because the laws were not yet on the books to do that, the Office of the Attorney General did not prosecute. All of this documented evidence and proof is properly filed in the Case records. Judge Bender and the “Child Representative” are aware of them, but they refuse to take them into their consideration as they determine custody issues and “the best interests of the child”. (At one time these documents mysteriously “disappeared”, only to be discovered in Judge Bender’s personal files upon the launching of an internal investigation to find them. They have been restored to the Case file since then.) I believe that most of the actions of this Court, including the finalized Dissolution, were illegally done. Both IL State Law and Cook County Circuit Court Rules state that it is “MANDATORY” for both parties to submit Financial Affidavits and other proofs of income and financial resources before finalizing any Dissolution (or before awarding child support or maintenance; before modifying custody, or ordering that certain costs and fees be paid by a party, etc.). I have submitted my Financial Affidavit and other proofs of income and financial resources several times, but Doran Diggs has never submitted any financial information at any time in the five-year course of litigation, in spite of being ordered to do so several times. Again, Judge Bender refuses to enforce any and all court orders bearing upon the Petitioner, Doran Diggs. Doran has repeatedly and fraudulently testified in court that he is unemployed, thereby obtaining reduced orders for him to pay child support (during the years that I was the custodial parent), and no maintenance payments were required from him for years. I have been able to obtain documented evidence (from the IRS) showing that Doran Diggs’ average income is about $40,000.00/year gross, and has been as high as $60,000.00/year gross. My income is $0/year gross. Orders for Doran Diggs to pay child support to me were set at a ridiculously low amount – not even “milk money”. No Maintenance was ordered. $40.00/week for two children during 2001, when he was earning $60,000.00. (He didn’t even pay that.) This documented proof is filed in our case, proving that Doran Diggs has committed perjury in his testimony regarding his income, but Judge Bender will not hear or address it. Several of my “Rule to Show Cause” Petitions have been summarily dismissed by Judge Bender. These are documents that address the issues of Doran Diggs’ violations of several court orders and ask for enforcement. Doran Diggs has violated EVERY Order that Cook County Court has ordered "for the best interests" of the child. I have repeatedly appealed to State of IL Child Support Enforcement, but to no avail – they have failed to take any action to obtain the significant child support arrearages that Doran Diggs owes me. All along Judge Bender has refused to look at the facts, evidence, or documents filed in this Case and order accordingly. He has refused to follow proper procedure, Cook County Circuit Court Rules, or State of IL Laws. Judge Bender has refused to consider or read documented evidence, and has denied Petitions and Motions without reading or considering them either; going so far as to literally throw them in my face in court, and Judge Bender has prejudicially accepted any hearsay accusations of the Petitioner or the alleged Child Representative against me as fact, without requiring the slightest proof. Judge Bender has repeatedly refused to provide legal parity for me, which is provided in IL State Law especially for women in my position. (Legal parity is called “fee shifting” by the lawyers – it is when the court orders funds for a lawyer from one party to another party who cannot afford to hire legal representation, especially when the other party can afford an attorney. It is provided for the purpose of “leveling the playing field”, providing fair and equal treatment and representation for all.) I have repeatedly requested legal representation from several “free” groups which have been established to serve people in my situation, but all have responded that they “cannot help” (too busy) or “have decided not to take my case” (this includes Chicago Legal Clinic, Inc.). As a result, I have been without legal representation, and am “ProSe” by default. Doran Diggs has hired four (4) private lawyers so far. (The alleged child representative makes five.) November 13, 2003 the court ordered, without proof, that I was not feeding, educating or clothing Alyssa. (All extremely untrue.) Without proof the “child representative” and Doran Diggs claimed that my mental health and stability were seriously lacking, and that I abused Alyssa Diggs on a regular basis, both physically and verbally; then granted sole custody of Alyssa to Doran Diggs. This is in violation of IL State Law, which states that clear, convincing evidence/proof must be submitted prior to any custody modification. I was granted NO visitation with Alyssa. IL State Law also states that the party who desires investigations, etc. in their contested custody proceedings (that was NOT me) must pay for any costs, fees, etc. in connection with them. Judge Bender has ordered me to pay for some costs of the investigations desired by Doran Diggs in connection with his contested custody proceedings, and a $500.00 retainer fee to Gerald P. Nordgren, alleged child representative. I cannot pay for these and should not be ordered to. June 2004 Judge Bender ordered that I pay $200.00/month and $800.00 retroactive child support to Doran Diggs for Alyssa. I cannot pay this, either, and I will probably be incarcerated again for my failure to do so, in spite of the fact that Doran Diggs still owes me about $60,000.00 in unpaid child support arrearages. Judge Bender does not care about Mr. Diggs’ arrearages, or want to hear about it. He has written an order - without any supporting proof - to silence the issue, stating, “all child support owing from the Petitioner to the Respondent has been paid”. I wish I could attach my detailed Ledger following this article, which shows the five-year story with sub-Totals and Totals. Our oldest daughter has been attending a Community College for three years; working full-time and schooling nearly full-time. She made the Dean’s List for the first two years, then the President’s List the third (with a 4.0 average). This is the daughter that I home schooled K – 12. (I was not given the opportunity to finish the other two daughters.) I have been helping her as much as I could with her school expenses, but I cannot do much. On May 1 and May 15, 2003 Judge Bender ordered that Doran Diggs pay $2500.00 to the Community College (on her behalf) and $150.00/month as and for college expenses. We are still attempting to have these orders enforced, as Doran Diggs has not paid so far. These arrearages have mounted to nearly $6,000.00 now. I have asked for enforcement, but have only received continuances so far. I plan to continue to address this topic at future court dates. Next one: February 25, 2005, 9:30 a.m. As if all of this was not enough, the alleged Child Representative and Doran Diggs Petitioned the Court for “significant” funds from my new husband, to be placed in a trust fund and used by Doran Diggs, as needed, for child support and college expenses of Shannon and Alyssa Diggs. It appeared that they were asking for about $60,000.00 from my new husband, for children that were not his! After consulting with several knowledgeable authorities, including experienced “family court” lawyers, we were convinced that the only solution was for us to divorce. I left my new husband, regretfully, and filed for an agreed Dissolution six months later. The Dissolution from my new husband was granted, for “irreconcilable differences” (caused by the litigation harassment of Doran Diggs, Petitioner; Gerald P. Nordgren, alleged Child Representative; and Judge Gerald C. Bender, Cook County Circuit Court). My new husband and I still love one another, and are grieved and stunned by our neccessitated loss. Apparently Domestic Relations Court Judges can do this – or anything they want – even violations of IL State Laws, and there is no accountability, remedy, appeal or recourse. Technically, if I had enough money, I could file an appeal in appellate court, but I have been told by the experienced that the appellate courts rarely, if ever, reverse the decisions of another court, since the judges and lawyers stick together and cover for each other (and it would probably be career “suicide” for a lawyer or judge to do otherwise). Several authorities, including experienced “family court” lawyers, have agreed that this sad condition is the fact. I have appealed my Case to the Judicial Inquiry Board, the Attorney Registration and Disciplinary Commission of the Supreme Court of IL, and many others. ALL who responded have unanimously agreed that they “will not” or “can not” get involved, or there was no response at all. At our November 5, 2004 court date, Doran Diggs and his attorney failed to appear. The “Child Representative” stated in court that he did not know where Doran and Alyssa were living, had no way of contacting them, and had no forwarding address or telephone number. He said that even Doran Diggs’ attorney did not know where he was or how to contact him. He said that Doran moved to “somewhere in southern Illinois”, and that he is still unemployed. If this is the truth (which I doubt), then why did Doran Diggs move? Where is he? Where is Alyssa? What is he hiding? Is he running from the jurisdiction of Cook County Court? Have the authorities tracked his internet activity, and come “too close”? I believe that I have “found” the probable new address of Doran Diggs – 215 Granville, Venice, IL (Madison County). I believe that I have also discovered the location of Alyssa’s new school – Community High School District 94, West Chicago, IL, DuPage County. There are some 300 miles between the two, so: How can Doran Diggs, Alyssa’s sole custodial parent, enroll Alyssa in a school district that he does not reside in? Who is acting as Alyssa’s custodian? Where and with whom is Alyssa living? What has happened to her? Is Alyssa alright? On whom has Doran Diggs “dumped” Alyssa again, after battling for custody? Why? West Chicago High School is NOT a boarding school. The school’s Assistant Principal, Mrs. Aronoff, refuses to answer these questions, or send Alyssa’s school documents to me – in violation of Cook County Court’s November 2002 Order: “ALL documents pertaining to Alyssa’s education are to be provided to Cynthia R. Hatch, Respondent”. This order still stands; has not been stricken. Community H. S. Dist. 94 has at least two copies of the court order, but they are currently expressing doubt as to its validity. They claim they were given a Birth Certificate for Alyssa which did not have my name on it as her mother, and that they cannot tell me anything more until their attorneys allow it. Alyssa’s previous school (Glenbrook South High School, Glenview, IL, Cook County) complied with this court order and kept me up-to-date and informed on Alyssa’s status. I do not know what 16-year-old Alyssa’s condition is, but I am sure that she is very “messed up” – emotionally, physically, mentally, etc. Our oldest daughter, once Alyssa’s favorite sister, placed a phone call to Alyssa last summer, and discovered that Alyssa is now very angry with her and very angry with me as she now believes that I abused her. Since he took possession of Alyssa, Doran Diggs has continually brainwashed, neglected and abandoned her; and he has disrupted her education (adding to her already formidable academic challenges) by taking her out of four different schools in two years. As noted in Glenbrook’s records from last year: Alyssa was truant on an average of one out of every five school days, she was frequently tardy, and she was failing most of her required subjects, in spite of receiving extra help in special education classes. Alyssa struggles with relationships with people, lacks motivation and is depressed. They note that she is emotionally disturbed. This is the “twilight zone” of “civil family court”, and there are many of us with similar stories across this nation. Sure, I could use some assistance. I think that Christians are aware of the problems within our Supreme Court, but I do not believe that many are aware of just how corrupt, unjust, and illegal our “minor” courts (and their “players”) are. It is my understanding that the “civil” courts are worse than the criminal courts, and that criminals have a far easier time with more protection under the law than I. From what I understand, I can be “toyed with” by the parties in this case, like a cat with a mouse, endlessly – without adherence to State Law, without equal protection under the law, and without legal representation. Obviously, I can be incarcerated for any reason or no reason, especially if I cannot afford to pay for their “games”. (This is no way to “reward” a Christian woman who has “given all” in marriage and the service of her husband and children for 25 years.) Please pray for our country, our people, my children, your children and me. If you know anyone who can help, let me know. I am certain that my future holds more incarcerations. Addendum: Recently West Chicago Community High School District 94 sent Alyssa's school records to me. Now I know why no one wanted me to see them, and the school repeatedly refused to comply with my requests for them (in violation of the 11/2002 Court Order). Doran Diggs has knowingly violated a couple of Cook county Court Orders and placed Alyssa in harm's way by abandoning Alyssa at the McQueen's residence on or about August 1, 2004, then moved 300 miles away to Venice, IL (a "suburb" of St. Louis, MO). Doran Diggs is the only one who has sole physical custody of Alyssa - no one else has been approved by the Court. Harry McQueen is on record with West Chicago High School as Alyssa's "parent, surrogate parent, or guardian". Harry McQueen IS NOT and CAN NOT be any of these, since the McQueen's residence is (and has been) secifically off-limits for Alyssa per 4/21/2000 Cook County Court Order - written for good cause shown for Alyssa's best interests and protection after Cook County Court considered the facts and evidence. Alyssa is not even to visit at the McQueen's, and is not to be in the presence of Scott McQueen (Harry's son) anytime or in any place. What do I mean, for good cause shown? The McQueen residence is a proven drug house, as many court documents testify (DuPage County and others). There is a major problem with violence at that residence. Scott and Harry regularly fight with one another. Due to the violence levels, Orders of Protection have been put on both Scott and Harry. Harry's own children have obtained an Order of Protection to protect them from their own father, due to his physical and verbal abuse of them. Scott McQueen has established a long record of multiple criminal offenses, including arrests for: property damage, repeated possession of cannabis, and repeated possession of drug paraphernalia (once being arrested AT West Chicago High School for possession of cannabis and drug paraphernalia). Scott has (appropriately) spent time incarcerated for some of his offenses. The McQueen's residence is NOT an appropriate residence for Alyssa, and according to West Chicago High School, that is where she has been living - abandoned by the father who fought for her custody (but obviously doesn't want her and has developed a pattern of "dumping" her)! It is inappropriate for the alleged "Child Representative", Gerald P. Nordgren and West Chicago High School to cover-up Doran Diggs' violations of Court Orders, become an accomplice, and allow Alyssa to be placed and continue in harm's way and in very real serious risk of harm. This is NOT what an emotionally disturbed, learning disabled child needs! Next court date: February 25, 2005, 9:30 a.m. Judge Gerald C. Bender, Courtroom 2801, Daley Center, Chicago, IL. Guess who risks future incarceration at the hands of Cook County Court? Doran Diggs? No. ME! (I have committed NO criminal offenses in my entire life! I will be 50 years old this year.)

[article.email.prefix]: mommouse2 (at) Hotmail.com

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