JANE DOE TESTIFIES BEFORE THE SUPREME COURT REGARDING RULES AND FORMS, APRIL 14, 2014!

Written Testimony

From Jane Doe

April 14, 2014

 

            I am choosing to speak today anonymously as my litigation issues are still active in the State of Connecticut.

            There isn’t a person who chooses self-representation as a first option and the continuing involvement of GALs and AMCs in post judgment matters continue to be a financial drain on the families in the State of Connecticut who have no ability to be able to remove a GAL once a dissolution of a marriage is entered as an order of the court.

            This practice of open ended assignments for court appointees as GALs and AMCs must be eliminated because it does not serve the best interests of our children.

            The party with more financial resources post judgment should not be able to force payments to court appointees and then have a Court apportion fee payments once a dissolution decree is finalized. 

            It is quite often apparent that when “extended family” financial resources are available to “torture” an ex-spouse in litigation, the courts do not account for such “financial support” from third parties from being considered in a post judgment financial affidavit in JD FM 6-Long Form which is to be used effective January 1, 2014 for all parties who have income or assets in excess of $75,000.

            As already suggested today, it is long overdue that attorneys co-sign financial affidavits in Connecticut under the same threat of sanctions and incarcerations, which is required of all self-represented litigants (who are reportedly encompassing 85% of all family court dockets) when signing financial affidavit JD FM 6 Long or Short Form.  It is time for the gavel of justice to be applied to attorneys and to remind all so registered with a juris number of their obligations defined in the Attorney’s Oath as subject to the criminal penalties of perjury.

            Furthermore, the filing of JD FM 6 must be more closely connected to compliance with the mandatory discovery and compliance with Connecticut Practice Book §25-32.  Providing validation for the claims made in a financial affidavit can be easily accomplished by adding a section to JD FM 6 which indicates:

“ Within thirty days of the filing of this financial affidavit mandatory discovery and compliance with provisions of Connecticut Practice Book §25-32 upon dating and signing of JD FM 6.”

            In post judgment cases, if a party is receiving subsidies from a third party to pay for legal fees, whether paid to legal counsel or an AMC or GAL, the amounts of such third party contributions must be added to the JD FM 6.

This form must also be amended to indicate whether the business interests of a litigant involve the full and complete disclosure of “cash” payments to a business partnership.

            In addition, JD FM 6 must be amended to add questions in regards to assets or income which may be located in foreign banks or in any foreign country or U.S. territory with specific directions as to whether “foreign dividend income” is declared on Form 1116 of the federal tax returns or income declared in Federal IRS FBAR TD F 09-22.1.

This requirement for disclosure of foreign assets is also a required disclosure in the PATRIOT Act.

In any post judgment action, the subject of inheritance assets received must be disclosed but not necessarily considered as income if such assets were acquired after the dissolution of a marriage.

            In 2009, the United States reached a treaty agreement with the government of Switzerland, concerning the disclosure of assets being held in foreign countries.  In Wall Street Journal articles it was detailed that the top reasons for use of Swiss banks was to hide assets from disclosure during divorce action and from U.S. based inheritance taxes.

            Certainly, the courts of Connecticut should have a zero tolerance stance on tax avoidance schemes such as these in family court matters.  There are long overdue reforms needed in our family courts.  We look forward to the implementation of these modifications to JD FM 6 Long and Short forms that are proposed today in the true best interests of our children.

            A GAL in a case in Fairfield County has billed over $200,000.00 at $575 an hour.  She has never once seen the child with the father.  In playing the system and fanning the flames of this divorce, this attorney is the equivalent of a car mechanic causing a problem in your car which can then be fixed to make more money.  For the next ten years at her whim she can make a phone call and proceed to charge the parties $575 an hour.  There are no checks and balances and nothing to stop her from billing thousands upon thousands of dollars in the years ahead for absolutely no reason.  This also is a case whereby the open ended assignment of a GAL warrants elimination when there is even a renowned psychologist serving as parenting coordinator in this very same case.

            These walls surrounding us were built to embrace and ensure that justice is carried out by those within serving in such capacities.  That is not what is happening in family court room’s across this state.

            We urge that an end be put to the rape and pillage of our financial resources by ceasing the practice of open ended appointments of GALs and AMCs.  Thank you.