Carmen Wimbley Judgment @ Amazon Books.com
Table of Contents
Ch 1: Note to Self Ch 15: Domestic Relations
Ch 2: Domestic Abuse Ch 16: Findings of Facts
Ch 3: Nonresident Ch 17: Due Process April
Ch 4: Petition for Divorce Ch 18: Court of Appeals
Ch 5: Texas Divorce Ch 19: Custody
Ch 6: Mock Justice Ch 20: Judicial Conduct
Ch 7: Kangaroo Court (a.m.) Ch 21: Judicial Complaint
Ch 8: Kangaroo Court (p.m.) Ch 22: Memorandum Opinion
Ch 9: Due Process: Sep/Oct Ch 23: Opinion Analysis
Ch 10: Clarification Hearing Ch 24: Visitation
Ch 11: Due Process: November Ch 25: Attorney General
Ch 12: Due Process: December Ch 26: Spring Break
Ch 13: Attorney Conduct Ch 27: Foreign Order
Ch 14: Final Decree
Chapter 1 Note to self
I was married to a career soldier in the United States Army for twenty years and we have three children. My middle child has Spina Bifida, uses a wheelchair and requires regular attention.
While straightening up the bedroom, when I picked up his pants from the chair, two movie tickets fell from his pocket. There in my hand, I held two movie tickets to see a movie that started at 10 p.m. on a weekday. I knew at that moment that two tickets meant that someone had accompanied him to the movies. The tickets were in his pocket, so it was obvious to me that he had taken someone to the movies. The only conclusion that I could come to was that he had taken a female acquaintance to see an after-hours movie. I thought again, only a married man with something to hide would go to the movies in the middle of the night, during the work week when he had to be at work early the next morning.
Chapter 3 Nonresident
On Friday, March 9th (Spring break), without a credit card and only $300 in my pocket, I packed my car with a suitcase for myself and one for each of my boys. The boys and I said goodbye to their father, and we left for Colorado.
I told him that I could no longer live that life. I said to him, “You should go back to your girlfriend in Texas because I am through with you!” He then told me, “Don’t tell me who to be with.
Chapter 6 Mock Justice
The boys and I returned to Texas to meet with Attorney Bramlett. We sat and talked about how Doyle and I were married twice to each other. The first marriage was of 7 years, and the second marriage was 13 years for 20 years total.
I told Attorney Bramlett when our second child was born in Colorado, Doyle became increasingly distant and difficult with me. He physically assaulted me, was arrested for domestic violence, and was ordered to take anger management classes.
Attorney Bramlett stated, "Your decision to move out of state with your children was made prior to your hiring me as your Attorney. The fact is, if we had gone to hearing, it is possible that Judge Trapp had the power to order you to pick up and deliver the children since you are the parent who chose to move out of state."
Chapter 7 Kangaroo Court (a.m.)
In Attorney Bramlett’s opening statement, she stated the court, “We have filed a fault in divorce and seeking a disproportionate share. These parties have been married a total of 20 years.” (pg. 7, ln. 4.)
“We are asking for a greater share, also, because although Ms. Perry has the MBA, their married life in both marriages the testimony will show that their life has been spent following Mr. Perry's career around. And because of the special needs of their 12-year-old, who has spina bifida, it's been necessary for Ms. Perry not to pursue her career.” (pg. 7, ln. 11.)
“And we believe the testimony will show that she has, since the date of separation, been enrolled in schooling to learn the software that in this year of 2007, accounting firms require so that she can go into the job market. But she has not been able to create any kind of an income for herself or any kind of a retirement because of Mr. Perry's career and because of the special needs of the child.” (pg. 7, ln. 16.)
“We are asking, again, because of fault, we believe the testimony will show that there is adultery, cruelty, and a disparity in the ability of income. And so we would ask the Court to take all of those things into consideration.” (pg. 7, ln. 24.)
Bramlett, “Isn't it true that Ms. Perry told you that she was moving to Colorado?” Doyle, “No.” Bramlett, “Now, isn't it true that after she made that statement, you began throwing things around in the house and even threw paint outside the door?” Doyle, “Yes.” (pg. 97, ln. 12.)
Williford, “Mr. Perry, you said you had called up there to check on them? “And that's what -- did that give rise to you -- did you ever speak to anybody?” Doyle, “No. I spoke to my wife one time.” (pg. 56, ln. 25.)
Williford, “Just a minute. So she left, and she went to Colorado. And from the time she left, did she ever call you and say, "I have arrived on time. We are here. We're safe?” Doyle, “No.” (pg. 57, ln. 6.)
Williford, “Were you able to ever get a hold of anybody at the house to let you know that they arrived safely?” Doyle, “One time I did.” Williford, “You did?” Doyle, “Yes.” Williford, “Your son told you?” Doyle, “Right.” (pg. 57, ln. 10.)
Williford, “All right. Now, so, what caused you then to suddenly want to fly up there after, knowing they had gotten there?” Doyle, “They left on Friday. I called. And I talked to Doyle Jr. for a few minutes on Saturday. And about less than a minute, the phone went dead. I couldn't get -- I left messages Sunday, Monday, Tuesday, Wednesday, Thursday, and Friday at work. I kept calling. (pg. 57, ln. 24.)
Bramlett, “You testified that you talked with Doyle Jr. on the following Saturday, the 10th; is that correct? And so you knew that they had arrived there safely, correct? Then what would have prompted you to leave and go on Friday, the day before you expected her to return?” Doyle, “Because I talked to my kids and I called Monday, Tuesday, Wednesday, Thursday, and I'm not sure about Friday. And I never could get a call back. I called, like, four or five times that night. So I couldn't get an answer. So I didn't know what was going on.” (pg. 98, ln. 14.)
Williford, "And you never spoke to anybody else since?” Doyle, “I spoke to -- at that time, I spoke to my wife a little bit.” Williford, “Did she tell you she was staying up there?” Doyle, “She just said something about her brother. I think that's when the phone went dead.” Williford, “Okay. Then the phone went dead while you were speaking with your wife?” Doyle, “Something like that.” (pg. 58, ln. 24.) Williford, “And then you -- and you had no communication beyond that?” Doyle, “No.” (pg. 59, ln. 25.)
Williford, “Prior to flying up there -- excuse me. How long had school been going on, if it had, before you flew up to Colorado?” Doyle, “School -- it was still spring break.” Williford, “Still spring break? So you were expecting her back before spring break being over? Why?” (pg. 55, ln. 18.)
Williford, “Mr. Perry, just try to answer my question and listen. They weren't back on Saturday. Did you call on Saturday?” Doyle, “No. I flew on Saturday.” Williford, “Without calling?” Doyle, “I don't remember if I called Saturday or not.” Williford, “But you called the prior days?” Doyle, “Excuse me. Let me back up. I think I flew Friday.” (pg. 56, ln. 13.)
Doyle stated that he couldn’t reach me, he called every day, he didn’t know if something had happened, so he flew to Colorado on Friday, March 16th because he expected me back on Saturday, March 17th. Before that statement, he stated that Spring break was a week and that he expected me back on the Monday after that.
Williford, “What about did you ask her about the kids need to come back to school?” Doyle, “It was so -- no. It was confusing. I can't remember everything that happened. (pg. 60, ln. 18.) Williford, “Prior to coming back on Tuesday, were you able to discuss with the respondent the children's needs for attending school?” Doyle, “She told me she -- yes. She told me she was going to enroll them.” (pg. 61, ln. 7.)
Williford, “Okay. Had she withdrawn them from Coldspring?” Doyle, “No. The school was calling me.” Williford, “All right. You said the school called you? Through what dates did the school call?” Doyle, “I'm not sure. Williford, “When did you know that they were finally withdrawn?” Doyle, “The school told me they wasn't withdrawn.” Williford, “So they never were officially withdrawn from the school here?” Doyle, “No.” (pg. 61, ln. 12.)
Williford, “All right. Now, as far as you know, did the boys attend any school in Colorado?” Doyle, “Yes.” (pg. 62, ln. 2.)
Bramlett, “Would you consider living with him again?” Carmen, “No.” Bramlett, “Why not? Carmen, “The cruelty, the abuse and then I found out that he was committing adultery.” (pg. 142, ln. 2.)
Bramlett, “Did you find anything that caused you to confront him about activities with someone else?” Carmen, “Well, one day, when I was hanging up his jeans, movie tickets fell out of his pocket.” Bramlett, “Had he taken you to the movie?” Carmen, “No. The tickets were for 10:30 at night on a Wednesday in Houston.” (pg. 153, ln. 21.)
Williford, "Now, Mr. Perry, you have alleged, basically, insupportability as a grounds for the divorce, and you have heard that -- you know, has your wife ever accused you of adultery? Has there ever been any adultery during the marriage -- on your part?” Doyle, “No.” (pg. 91, ln. 4.)
Doyle was arrested in Colorado for domestic violence against me and was required to participate in 36 sessions of anger management classes.
Bramlett, Isn't it true that the way that you and Ms. Perry worked is that you gave her out of your check $1,000 a month to buy groceries and whatever the household needed and things for the children, gas for her car, etcetera; and you took care of the rest of the money and the bills?”
Bramlett, “Isn't it true that you had Doyle Jr. call his mother and had him ask her questions that you wanted answers to?” Doyle, “Yes.” Bramlett, “You stood and told him what to ask her, correct?” Doyle, “Yes.” Bramlett, “Do you think that's appropriate parenting to use a child as a go-between of divorcing parents?” Doyle, “No, it’s not.” (pg. 124, ln. 20.)
Bramlett, “Did you pick Aaron and Doyle Jr. up at the end of June here in Texas?” Carmen, “No. Financially, I was unable to.” Bramlett, “Why?” Carmen, “Every month, it was a problem getting money from Mr. Perry, and by the time I got it, it was around the middle of the month. And I couldn't come here, get the kids, and come back to Court and I was also in school. I just couldn't do it.” (pg. 150, ln. 18.)
Bramlett, “When you and Mr. Williford were going over you picking Aaron up from Colorado on June 1st, isn't it true that you failed to call Ms. Perry to tell her what time you would be there?” Doyle, “I had been trying to call. I can’t get through.” Bramlett, “Did you send her a letter to let her know what time you would be there?” Doyle, “No. I told my lawyer. (pg. 106. Ln. 11.)
Bramlett, "You Knew she didn't have the money to come and get the children, correct?” Doyle, “No.” (pg. 124, ln. 17.)
Bramlett, “Isn’t it true that you were supposed to bring Aaron and Doyle Jr. back to her on the 1stof July or after you had them for a month? Isn’t it true that she was supposed to bring Doyle Jr. back when she came back here for this hearing?” Doyle, “She never came and picked - - the way I - -.” Bramlett, “You didn’t take the boys to her after you had them for 30 days, did you?” Doyle, “No.”
Bramlett , “I'm showing you the Rule 11 that you and Ms. Perry signed. There is nothing in here requiring her to come pick up the children, correct?” (pg. 124, ln. 11.) Doyle, “No.”
Chapter 8 Kangaroo Court (p.m.)
Bramlett, “How much have you paid your Attorney? ”Doyle, “$3,300.” Bramlett, "And where did you get that money?” Doyle, “That is money I had already in my account before I –.” Bramlett, “In your savings account?” Doyle, “It was in my savings account.” Bramlett, “So, it was part of the community estate?” Doyle, “I would say it was.” (pg. 116, ln. 17.)
Bramlett, “And did you provide Ms. Perry with some of the community estate money to hire an Attorney?” Doyle, “I gave her $500 while I was up there. No. No, I didn't.” (pg. 116, ln. 25.)
Bramlett, “How much did you have total in the savings account at the date of separation?” Doyle, “I'm not sure.” Bramlett, “Well, how much is in there now?” Doyle, “$100.”
Doyle made the following bank transactions at the First National Bank.
Prior to Filing for Divorce
Mar 16 - $2,500 Transferred from 1st National to USAA savings
Mar 22 - $300 Transferred from 1st National to USAA checking
Filed for Divorce
Apr 4 - Mutual Restraining Order
After Filing for Divorce
Apr 13 - $100 Transferred from 1st National to USAA savings
Apr 15 - $2,894 Filed – Federal Tax Return (Joint).
Apr 23 - $100 Transferred from 1st National to USAA checking
Apr 26 - Closed – Account
At no time did Doyle give me any money while he was in Colorado. For March and April, the bank statement shows 2 internet transfers in March to USAA, 2 internet transfers in April to USAA, and 1 withdrawal for $4.06 to close the account.
Williford, “What about a savings account?” Doyle, “I have got about $100, I guess.” Williford, “About $100?” Doyle, “Yes.” Williford, “And where is that?” Doyle, “It's in Huntsville State Bank.” (pg. 25, ln. 14).
At no time have I been privy to the Huntsville State Bank savings account statement.
Williford, “Okay. Checking. Do you know how much money you have in your checking account at this time?” Doyle, “Not at this time. I normally pay my bills at the first of the month. So everything going on, I have been paying my bills; but I haven’t paid-.” Williford, “Can you give us an estimate?” Doyle, “I would say $300.” (pg. 37, ln. 22.)
At no time had I been privy to the USAA savings and checking account statements or balances where Doyle made the various deposits into his personal accounts. In the Final Decree of Divorce, page 25, H-4, Doyle was awarded all sums of cash in possession of the husband or subject to his sole control.
Williford, “How many credit cards do you have?” Doyle, “I have about 5.” Williford, “And what is that approximate total?” Doyle, “It's about $20,000.” (pg. 43, ln. 23.)
Bramlett, “Well, your credit card debt was how much at that time?” Doyle, “I don't have the figures in front of me.” Bramlett, “I think you testified, based on the things that you added or admitted into evidence, you owed $15,593 in credit card debt, is that correct?” Doyle, “If I testified to that I--. Okay.” Williford, “I think the exhibits will speak for themselves. I think they are closer to $25,000. The Court, “I have actually got $26,983.24.” (pg. 101, ln. 11.)
Bramlett, “All of these credit cards that you have presented to the Court, all of them are in your name, correct?” Doyle, “Yes.” Bramlett, "Your wife doesn't even have signator authority on them, does she?” Doyle, “No.” Bramlett, “And so for whatever has been charged, you are the one that has charged it, correct?” Doyle, “Yes.” (pg. 119, ln. 23.)
Bramlett, "Sir, isn't it true that the insurance company paid for the roof?” Doyle, “Not that -- not the entire balance. Bramlett, "Well, how much did your sister loan you for the roof?" Doyle, “For the roof it was only about $600.” Bramlett, “So you took a community asset and sold it under market value?” Doyle, "Yes.” (pg. 115, ln. 6.)
Doyle stated that he borrowed $600 from his sister and gave her the 2005 Honda ATV (H-9), which carried a note of $246.15 monthly for this debt. He showed a notarized document for this transaction dated November 2006.
Williford, “All right. Looking at the motor vehicles we addressed, the first three; and there is an ATV here. Do you - does the party still own an ATV?” Doyle, “No.” Williford, “What was that purchased for?” Doyle answered, “About $7,000.” Williford, “Okay. And when was that disposed of?” Doyle, “November of 2006. I owed some money; and so, I exchanged it for the money that I owed. I gave it over to them. I gave it to my sister.” (pg. 32, ln. 9.)
Williford, “All right. How much money did you owe her?” Doyle, “$15,000 -- $1,500.” Williford, “$1,500?” Doyle, “Yeah.” Williford, “How much did you think that it was worth at the time that you gave it to her back in November?” Doyle, “About $2,000 or $1,500 or $2,000.” (pg. 32, ln. 22.)
Doyle stated that he borrowed money to pay for the new roof on the Oakhurst home because the insurance did not cover the entire cost.
On December 29, 2006, Doyle was issued a claim check no. 2 to pay for the Oakhurst home roof. The check was written for $7,044.87 with a deductible of $1,718.00 and for a total claim of $8,762.87.
Williford, “I'm going to show you what's been marked as Exhibit No. 7. All right, and this is not an original, is it?” Doyle, “No.” Williford, “Did you see the original of this Exhibit 7?” Doyle, “Yes.” Williford, “All right. And whose signature is that on No. 7? Doyle, “That's mine.” Williford, "All right, and is this a true and correct copy of a gift deed dated March 20th, 2007?” Doyle, “Yes.”
Bramlett, “The same objection, Your Honor. It is not certified. It is a hearsay document.” The Court, “All right. The objection is noted. It is overruled. I'll admit it in over your objection.” (Exhibit No. 7.) (pg. 22, ln. 5.)
Attorney Williford, asked Doyle if the gift deed in Exhibit No. 6 was recorded and he said, “Yes.” Attorney Williford did not ask Doyle if the gift deed in Exhibit No. 7 was recorded.
Bramlett, “The Houston property, do you challenge that he was given that as a gift deed and then for whatever reason gift deeded it back?” Carmen, “Yes. I would challenge that.” (pg. 158, ln. 22.)
Bramlett, “You arrived back in Houston on the 19th?” Doyle, "Yes.” Bramlett, “And the very next day you transferred a deed, transferred a property by deed, gift deed, to your sister; is that correct?” Doyle, Yes.” (pg. 100, ln. 22.) Bramlett. “Now, after having transferred that deed on March 20th, you then filed for divorce on April 19th, correct?” Doyle, “If that's what the date is. I don't know the dates.” (pg. 102, ln. 17.)
Williford, “So, according to the instruments, you had held the property for about 27 months?” Doyle, “Yes.” Williford, “Okay. And during the time of the 27 months of your ownership, did you pay the taxes and the electric and the insurance?” Doyle, “Yes.” Williford, "And now, you are no longer paying the taxes and the insurance and the upkeep on that property; is that correct?” Doyle, “No. It was my sister.” (pg. 23, ln. 22.)
As of March 31, 2020, Harris County has the Houston property currently on file as deeded to Doyle Perry, as of December 15, 2005.
At no time did Doyle transfer the title of this property to his sister as he testified. The Gift Deed was never filed with the Harris County clerk as Attorney Bramlett stated to the court.
Chapter 10 Clarification Hearing
Your Honor, I think the disparities that we have are over the property that was awarded to Mr. Perry by the Court. The agreement is that the property -- the home furnishings are to be divided pursuant to Ms. Perry's proposed property division. And Mr. Williford is not agreeable to there being dollar amounts assigned to the property that was awarded to Mr. Perry It would result in, I think, a reversible error for her not to receive or for the evaluations of the property to not be included.
The Court's decree was not an award of money.
Right. Then I added the $25,000 debt that we learned of that Mr. Perry was ordered to pay. I included that in there. If you see at the bottom, there is an amount of money that he would owe her that is more than half than just the equity in the house. The Court is clear he is to be awarded the home furnishings as set out in her proposed property division.
First of all, we haven't received her half of the 20 years of retirement; but I'm understanding from Mr. Williford that it's $1,431 or $1,439. I based child support for three children on that amount. She is not working. She is caring for a mother who has an amputated leg. And Mr. Williford is wanting to base child support based on intentional unemployment or intentional underemployment, and we have a problem with that.
It's our position, Judge, that the only resource is the money from the retirement that she has. If at some point she is able to find employment, then Mr. Perry can bring her back to Court. But the real figures before the Court are $1,439 a month.
The Court said that the Court shall grant a divorce. All right. Now, I don't know whether that means we're granting it today. In other words, I'm going to grant it along those terms, or it was actually granted. Well, part of that point is whether or not Ms. Perry then owes us child support for those months since the date that, you know, after that we have -- if that's true, we want credit.
Okay. It's all going to begin on September 1st.
September 1st will be the debt, the child support, and any retirement money coming in after September 1st.
Judge, the problem with that is that he didn't get his retirement. It doesn't start until October.
Your Honor - I have given Mr. Perry not only the exclusive right to determine the residence but the exclusive right to make decisions on education, to receive support, and represent them in legal actions.
What John is saying is just for him to keep most -- 90 percent of what they had at no value.
I didn't order that there be any money paid.
How much is Mr. Perry supposed to owe or pay a month, and what percentage of interest?
What is the market now? 7? 7 percent.
Okay. He will pay her the equity at 7 percent-
Amortize it at whatever $500 a month is. With that we can go ahead and get her paid as soon as we can get a decree to the Judge.
Chapter 12 Due Process: December
October Pay Statement
Attorney Williford faxed Attorney Bramlett Doyle’s first Retired Account Statement on November 13th of $3,825.10. Attorney Williford, “He retired at the end of September. He gets his first retirement check at the very end of October. He just received it on October 31st. The military doesn't give them the money until after the month expires.”
Attorney Bramlett, “Mr. Perry testified to the court that he had only received his first retirement check a couple of days before the hearing. Mr. Perry did not receive a retirement check for October, but rather received on October 17th a statement giving him a new pay day of November 1st. The check he received a couple of days before November 1st was for the month of November.” She then said, “Mr. Williford is to provide copies of these documents, which I will forward to you.”
I don’t know which Retired Account Statements Attorney Williford sent to Attorney Bramlett because I never saw them. Based on Doyle’s pay lines provided by United States Army for October through January, his retirement pay began in October. His school pay started on November 1st. So, instead of receiving one check per month, he received two checks a month for the same amount.
On December 20th, I wrote this letter to Attorney Bramlett, again stating that I have received $0 of my retirement pay. I also presented to her an enclosure from the United States Army, showing Doyle’s pay lines for October through January. The document shows when and how much he was paid for each month.
To date, I have not received a response from Attorney Bramlett regarding the October through January pay lines that I provided to her in December 2007 via the United States Army or the first six months of retirement pay.
Chapter 17 Due Process: April
It took DFAS 3 weeks to acknowledge the receipt of the documents that Attorney Bramlett sent. And it took them 6 weeks to acknowledge the receipt of my application (the Application for Former Spouse Payments).
On April 1, 2008, I received my first retired pay directly from DFAS. Judge Trapp granted the divorce on August 2nd, and it took eight months for me to receive my first court-ordered retirement pay.
Upon receipt of my first retirement check, I owed $3,800.28 in back child support, my credit card was canceled, I was unable to make a single payment on the loan for my divorce, and my student loan was in default and sent to collections.
To date, I have received $0 of the first six months of retirement, the refunded SBP, or the home equity payments.
Chapter 18 Court of Appeals
Statement of the Case
Appellee and Appellant were ordered joint managing conservators. Appellant asserts error that Appellee was awarded:
1. Exclusive right to designate the primary residence of the children.
2. Child Support from Appellant of $513 per month based on $15 per hour.
3. Family home one half equity payment plan to Appellant.
4. An arbitrary and unfair amount of property.
Appellant was awarded the cash sum of $30,000, representing one half of the equity of the community home, said sum bearing interest at 7% annum, and being paid in monthly installments of $500 per month until the full amount is paid.
Appellant also asserts error with the trial court’s refusal to give monetary award for the items awarded by the decree to Appellee, which resulted in an inequitable division of property.
Chapter 19 Custody
The Summer of 2009 was the first scheduled possession time with the children that I was financially able to share with them. Due to the court’s visitation schedule and inaction regarding my retirement pay, this left me unable to see my children for nearly two years.
On June 29, 2009, I brought the children back to Colorado. On the way back, I noticed that Doyle Jr. had skin irritations on his butt. I had never seen this skin irritation on him before, but it looked as though it would require professional medical care. I decided to take Doyle Jr. to the hospital to have a doctor look at him. The doctor treated him for skin ulcers on his butt and scrotums, and then he referred him to the hospital’s wound clinic for a follow-up appointment. The skin ulcers were due to his excessive and prolonged sitting in wet undergarments.
I suspected Doyle Jr. had symptoms of a bladder infection in the upcoming days, so I returned to the hospital for medical assistance. The doctor took a urine culture and prescribed him antibiotics.
I felt as though my son’s health was seriously deteriorating, so I wrote a letter to Attorney Dunn seeking his help! In the letter, I explained to him that Doyle Jr. had to be taken to the hospital twice in Colorado for medical treatment. I told him how Doyle Jr. was treated intravenously for skin ulcers and later treated with antibiotics for a bladder infection. I went on about how the hospital had been leaving messages on Doyle’s home phone in Texas to schedule a follow-up appointment and notified him of a prescription change. Doyle never gave me these messages. And it wasn’t until days later when my daughter called to give me the information that I found out about the messages.
Attorney Dunn contacted me to say that he could get an emergency custody hearing scheduled for the boys. He asked that I send him an affidavit recounting the events, the hospital’s official business record, and pictures of Doyle Jr.
On August 6, 2009, a temporary emergency hearing was conducted for Doyle Jr. & Aaron's custody based on my allegations of neglect and abuse. Attorney Williford stated that Doyle Jr. was healthy when he left Texas for Colorado and that his health had worsened while in my care. After looking at the medical reports and pictures, Judge Trapp left both of the boys in Mr. Perry’s custody, awaiting a permanent hearing with a jury.
Chapter 21 Judicial Complaint
Commission on Judicial Conduct
On August 17, 2009, I filed a formal letter of complaint with the state of Texas’ State Commission on Judicial Conduct in regard to the Honorable Robert Trapp, 411th Judicial District of San Jacinto County.
I stated in my complaint that judge Trapp conducted his courtroom with a vague interpretation of the law and with disregard to the Judicial Code of Conduct. I also stated that he ignored the facts, the evidence, and his decisions were contrary to the evidence and lacked support.
The Texas State Commission on Judicial Conduct stated that my complaints about Judge Trapp’s rulings are not subject to review and that I should consult an appellate attorney.
Chapter 22 Memorandum Opinion
The judgment of the trial court is affirmed. RICK STRANGE, JUSTICE
Chapter 23 Opinion Analysis
A Justice and a panel of three reviewed the written submission of my brief, the trial, transcripts, documents, and orders, then compared them to the legal arguments and the law. After reviewing my case, all four judges agreed that Judge Trapp’s decisions should stand.
The 11th Court of Appeals stated in a Memorandum Opinion, “The judgment of the trial court is affirmed.”
If the Court of Appeals affirms the trial court’s orders, it means that it agrees with the trial court’s ruling and/or failed to see sufficient justification to say that the judge was wrong in his or her decision. For the person appealing the trial judge’s decision, this means that you lost again.
The Texas Supreme Court denied my petition for review on February 12, 2010.
A Petition is a formal, written request for the Supreme Court to review a lower court’s ruling. The denial of a petition by the Supreme Court means the decision of the Court of Appeals stands as the final decision.
Chapter 24 Visitation
I sent Doyle written notification for Thanksgiving vacation through certified mail on November 6th. In the letter, I informed him as to which day and what time that I would be arriving to pick up the children from school. I also asked that he provide me with adequate clothing, required medical equipment, and the needed medications with instructions.
When I arrived at Doyle Jr’s school, I was told that his father had already picked him up earlier in the day. I then went on to Aaron’s school, and I was told the same thing. I called Attorney Dunn, and I told him how I had given Doyle two weeks' written notice saying that I would be picking up the boys from school that day, and neither one of them were there when I arrived.
Fifteen minutes later, Doyle drove to the school with the boys. I told Doyle that he knew that I was picking up the boys from school that day. He just looked at me and said that he was calling the police to report me for yelling at him.
I picked up the boys on Friday, and on Saturday night, I arrived back in Colorado. On Sunday, I took Doyle Jr. to the hospital for medical assistance. I thought that he had the symptoms of a bladder infection. The doctor took a urine culture and prescribed him antibiotics.
I have had possession of Doyle Jr. twice in four months, and this is the second bladder infection he experienced while in my possession.
Chapter 25 Attorney General
Notice of Withholding
On April 7, 2010, the Texas Attorney General’s office from Woodville, Texas, located in Tyler County, sent a Notice to Withhold Income, Notice of Administrative Writ of Withholding, Rights and Procedures, and an Administrative Writ of Withholding to the United States Army.
The Attorney General’s office ordered the United States Army to withhold child support from my wages for $627.45 a month ($427.45 for current and $200.00 for arrears). I am not employed by or retired from the United States Army.
Three months later, on July 6, 2010, these same documents were sent again to the United States Army, asking the government to withhold my wages for $627.45 a month.
After two failed attempts to withhold child support from my wages through the United States Army, the Office of Attorney General discovered that I was not employed by or retired from the United States Army.
I wrote a letter to the Review Officer explaining my financial, employment, and home situation since the separation and divorce.
On September 30, 2010, the Woodville, Texas Child Support Review Officer, Kim Shaw, sent me a Notice of Termination of Child Support Review Process.
The Notice of Review Findings stated that the Office of the Attorney General has completed a review of my child support order, and based on Texas child support guidelines, the following findings were made:
“Your child support order:
is not appropriate and should be decreased.”
The Woodville, Office of the Attorney General, sent me a Child Support Review Process Notice for a Child Support Review Negotiation Conference on September 30, 2010, at 10 a.m.
On September 30, 2010, the Austin Child Support Officer, Candace Woods, sent me a Notice of Lien, Notice of Lien to Financial Institution, and a Bank Levy.
The Attorney General now placed a hold on my mother’s retirement bank account for $14,901.06 to pay my child support. I was given signature authority on my mother’s account to write checks to pay her bills because she could no longer write. My mother had arthritis, diabetes, lupus, polymyositis, an amputation, and was bed-ridden and required constant care.
Immediately after receiving the Notice of Lien, Notice of Lien to Financial Institution, and the Bank Levy, I called Attorney Dunn. I explained to him that the lien was placed on my mother’s retirement account
On September 30, 2010, the Office of Attorney General released the lien against my mother’s retirement bank account for my child support.
The Austin Office of the Attorney General filed a Release of Child Support Lien against my mother’s retirement account, and the Woodville Office of the Attorney General did not reschedule my Child Support Review Negotiation Conference.
Chapter 26 Spring Break
Spring Break 2011
I sent Doyle written notification for Spring break through certified mail on February 25th. In the letter, I informed him as to which day and what time that I would be arriving to pick up the children. I also asked that he provide me with adequate clothing, required medical equipment, and the needed medications with instructions.
On March 11, 2011, I picked up the boys in Texas and on Saturday we arrived in Colorado. On Saturday night, Doyle Jr. went to bed early, so I checked on him throughout the night.
On the morning of March 13, 2011, Doyle Jr. seemed to be sleeping late. So, after looking in on him several times, I thought that it was time to wake him up. When I woke him up, he appeared to be tired and sleepy. Based on his appearance, I thought that I should get him ready to go to the hospital so that I could have him examined by a doctor. Before we could leave the house, he began to have difficulty breathing, so I called for an ambulance.
The hospital did a CAT scan and an x-ray on Doyle Jr’s shunt and found that his ventricle appeared enlarged and that his shunt reservoir was disconnected from the catheter tubing. The hospital did a chest x-ray and found that he had pneumonia. The hospital took a urine culture and found that he had a urinary tract infection. The hospital also did a physical examination and found that he had skin ulcers.
Doyle Jr. had a disconnected shunt, urinary infection, and Pneumonia; these were the founding issues that contributed to complicating his breathing and making him tired and sleepy. The doctor noted in Doyle Jr’s record that the shunt had been disconnected for some time.
The hospital started Doyle Jr. on antibiotics for his urinary infection and pneumonia, scheduled him for surgery to do a revision on his shunt, and admitted him into the pediatric intensive care unit (PICU).
It was not until I asked the hospital to print me out a copy of my son’s medical record that I understood why the doctor would not discharge my son into my care. In the record, the doctor made notes regarding me.
The Discharge Summary stated: “It should be noted that mother claimed to have 50% custody or joint custody during this hospitalization. She was also noted to sign independently for the patient’s surgery.”
“The patient lives with his father with the parents being divorced and the father having full custody.”
At no time did the doctor speak to me about my rights of custody, challenge my rights, or question my authority to sign for my son’s medical surgery and treatment.
Doyle Jr. came to Colorado for spring break, and he spent 7 out of the 10 days in the ICU. While in my possession, he was treated for a disconnected shunt, urinary infection, Pneumonia, sleep apnea, and skin ulcers. March of 2011 was the last time that my son visited me in Colorado!
In 2007 and through 2011, when I did not see the children at Christmas time, I would always send them one medium-sized box of gifts. This year, I had more money than in the past years to spend on Christmas gifts. I bought the children so many gifts that I had to send them in two boxes. The boxes together were too heavy for me to carry to the post office by myself, so I mailed them on two different days. Mysteriously, only one box arrived for the children. The second box curiously disappeared and has never been located.
Chapter 27 Foreign Order
In April of 2011, I received a Notice of Registration of Foreign Support Order for Enforcement, Registration Statement, Official Public Records, and the Texas Child Support Division’s Financial Activity Report.
The state of Texas sent my child support order to Colorado for enforcement and collections in the amount of $16,182.36.
On May 12, 2011, I filed a motion for objection to the registration of the Foreign Support Order in Colorado, and I wrote a letter to the judge presiding over my case. In the letter, I told the judge everything that had happened to me within the Texas legal system up to the present date and why I objected to the registering of the child support order.
On August 9, 2011, Magistrate Sullivan granted the state of Texas the right to register my support order, but she also said to the court that the child support order needed to be amended.
Magistrate Sullivan said to the El Paso County Child Support Enforcement Unit Attorney, Sarah Brummett, “Her child support needs to be amended.” I then said to the Magistrate, “Texas will not give me a court hearing to modify my child support.” The Magistrate then said to Attorney Brummett, “Get her a court date for the modification and make it happen!”
On November 23, 2012, a Legal Technician/Paralegal from the Colorado, El Paso County, Child Support Services sent me a letter stating that I owed $25,261.75 in back child support. She said that at the current amount of my child support payments, it would take 25 years to pay off the balance.