Dear Chief Justice Carey;
Many fathers, including myself, are subjected to "Permission to file rules in the Massachusetts Family and Probate Court." This policy is a clear violation of ones due process rights and it should stop. This policy often delays justice to families, usually fathers who are fighting for their right to see their children, As I have. The time clock on children's lives does not stop and this delay tactic by the court feeds into parental alienation as well as ones right for speedy justice. Please order your justices to not violate due process rights and stop the process of first requiring permission to file, when a party needs to or wants to file a motion. It is a tactic of the court that directly violates a persons legal rights, and I have been subject to that since 1993, and the order has not been vacated. Does a temporary order in the family probate court have a exparation date? I am sending a copy of this letter to my State Rep and State Senator to inform them that this is one of the problems within the Family and Probate Court that needs to be addresses and stopped.
Thank you.
Hector Montalvo
Dear Mr. Montalvo, I am responding to your recent e-mail to Chief Justice Carey. If a judge enters an order requiring you to seek permission by motion or otherwise before you can file any further pleadings, then your remedy, if any, is to appeal the order to the Massachusetts Appeals Court. This office does not overrule or intervene in cases pending in the various Divisions of the Probate and Family Court Department. We do not have the authority to do this. At this time, I suggest that you consult with an attorney. If you have any questions, please feel free to communicate with me further.
Thank you.
John Cross, Pro Se Coordinator
Dear Senator Steven A Baddour
Dear Representative Linda Dean Campbell
I hope you are enjoying your summer. Thank you for your work on behalf of the
Commonwealth.
On September 17, the House Judiciary will be holding hearings on Shared
Parenting bills. I am writing you to alert you to these hearing and to ask that
you put in a good word of support for Equal Shared Parenting for fit parents.
It is time to level the playing field, and insure that equal rights also occur
in the raising of ones children post separation and divorce.
Thank you for your help in this matter. Please let me know if you can be
supportive and put in a good word to members of the Judiciary committee.
Sincerely
Hector Montalvo
Child Support Enforcement Marily Rae Smith,
I have been trying to unlock the big secret, the elephant in the closet here in Massachusetts.
That is to find out how many fathers, how many men, have been thrown in jail for civil contempt for being to broke to pay child support, to broke to pay attorney’s fees, special master fees, GAL fees and other fees. I have sent public requests to the head of the Probate Court, to the Commissioner of Prisons, by the way who told me to ask the different county jails.
Every day fathers, men are being thrown out of their jobs and their families for just being a dead broke dad. In this economy, this practice should stop and must stop. Debtors prisons were eliminated years ago.
Your Department is the keeper of the records, your office should be required to provide such information, and if your Department do not have it, You should be required to start compiling it or be able to back into the information so your Department can provide it.
Thank you for helping to provide for this information.
Hector Montalvo
Secretary of State William F. Galvin
Public Records Request Appeal
One Ashburton Place
Boston, MA 02108-1517
Re. Public Records Request Appeal;
Dear Secretary Galvin;
I have been trying to unlock the big secret, the elephant in the closet here in
Massachusetts.
That is to find out how many fathers, how many men, have been thrown in jail for
civil contempt for being to broke to pay child support, to broke to pay
attorney's fees, special master fees, GAL fees and other fees. I have sent
public requests to the head of the Probate Court, to the DOR and to the
Commissioner of Prisons, by the way who told me to ask the different county
jails.
Enclosed please find my request of the Middlesex Sheriff's Office, in which the
Commissioner of jails stated should have such records.
I ask that the Middlesex sheriff's office be required to provide such
information, and that if they do not have it, they should be required to start
compiling it or be able to back into the information so they must provide it.
Every day fathers, men are being thrown out of their jobs and their families for
just being a dead broke dad. In this economy, this practice should stop and
must stop. Debtors prisons were eliminated years ago. They should be for dead
broke dads.
Thank you for helping to provide for this information.
Sincerely yours,
Hector Montalvo
Dear State Rep Linda Dean Campbell,
Dear State Senator Steven A Baddour
Debtors prisons were eliminated years ago. However, if you are a divorce father
who is struggling financially, you would not know that debtors prison has been
eliminated. For now their is something called civil contempt and imputed
income. So what does this mean. This means that if you lose your job and can no
longer pay, often Judges in Massachusetts input income for what they think you
should be making even if you are not making it. Therefore if you are not making
what the Judge thinks you should be making, despite a loss of income or a drop
of income. If you are no longer able to financially meet the obligations of
your child support, the Judges do put you in jails.
Now Massachusetts Probate Court, the Department of Revenue and the Prison system
does not keep track of how many fathers are thrown in jail for inability to pay
ones child support. Fathers have tried to glean this information of how many
dads lives are ruined by being thrown into jails and away from their kids.
Fathers have sent out Massachusetts Record Request to all the aforementioned
agencies for this information, only to be told it is not kept.
During these tough economic times, at a minimum, I hereby request that your
office work to suspend all civil contempt suspensions for fathers inability to
pay child support. Fathers should not be forced to lose what ever jobs they do
have and should not be thrown into jails where they certainly can't help to
raise their children. Second, please request that the aforementioned agencies
start to keep records of how many fathers are being thrown in jail for civil
contempt for inability to pay child support, special masters, GAL's, lawyers and
other para professionals.
Please help to stop this practice and do it for the children of the
Commonwealth.
Thank You
Hector Montalvo
Dear Governor,
I write today to alert you to a serious problem in our society and to request your assistance for myself and for others who are similarly situated. As you are aware from your numerous town hall meetings across the Commonwealth, father's are being treated unfairly in our judicial system, particularly in the Probate and Family Courts with regards to child support and child custody.
There needs to be a committee appointed to investigate the concerns that you heard many times from the various reaches of the Commonwealth in these matters. I would request that you consider for the appointment to the committee individuals who would have a greater likelihood of impartiality than lawyers and judges that have participated and contributed to the present problem
I have been victimized by and suffered from this discrimination. My attempts to resolve reasonably my issues with DOR since 1998 has been to no avail. DOR insists on operating with arrogance, insensitivity and impunity
I have sought assistance from Congresswoman Niki Tsonga and Representative Linda Campbell but DOR has refused to respond to their requests for information. I have requested DOR to cease the frivolous actions for alleged arrears that are unproven because the proceedings are exhausting my time in energy in court, which is more troubling and harmful in the present economy.
DOR has complicated my matter by sending my support payments to another state, without any due process to me or even providing me with an order from that state.
I am threatened with incarceration constantly while DOR violates the laws of the Commonwealth and the U.S. with impunity because judges allows it to act as it does. This must come to an end.
In the past i have been more than willing and forthright to express my gratitude and appreciation of you in your performance as Governor of the Commonwealth.
Now i ask that you don't let me down and please use the powers that I gave you when I voted for you to send a clear message to DOR that this abuse will stop and stop immediately.
I am relying on you as one of the officials that i elecetd to take action to cease my abuse at the hands of bureaucratic thugs.
In parting, I wish you the best in your recovery and look forward to hearing from you soon.
Thank You
Hector Montalvo