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Clay County Judge

Clay County Judge

Postby campbellkid on Mon Jun 23, 2008 8:32 am

Has anyone ever had this judge in clay county? David P. Chamberlain. Here is the situation, I have 2 friends who went through or are going through a divorce. In both cases this judge has ruled more time with the father and less with the mother. Does this seem odd? All the children involved are at least 10 years or older. I have never heard of a judge being more pro father than mother, unless the mothers were considered "unfit". This is not the case in both of these women. I was curious to see if anyone else has had similar situations.
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Re: Clay County Judge

Postby LNDofMOM on Mon Jun 23, 2008 9:02 am

i would guess there are things that this judge saw that no one else did. I have seen judges that always side with the women regardless of what is better for the children. In most cases I believe the judge to do what they believe is in the best interest of the children.
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Re: Clay County Judge

Postby valeho on Mon Jun 23, 2008 9:16 am

Kansas and Missouri are both known as "mommy" states, so that is unusual unless there is some issues that you aren't privy too. But more and more dads are standing up for themselves in getting more time with their kids.

I have two friends in JoCo who in the past few years went through the custody trials. One friend has her boys one week and the next week they go to their dad's. The parents work well with each other switching weeks as necessary for their career schedules.

Another friend worked out her ex-husband having the kids every Wednesday night and every other weekend, which I think is pretty common. As well, they work with each other on time schedules and switch off as necessary.

I am so glad I don't have these issues. There have been a few child support issues with my case but otherwise my son's father is not involved at all.
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Re: Clay County Judge

Postby christinaja on Mon Jun 23, 2008 1:18 pm

Generally in MO, women get more time, etc., with the children, as it is usually considered better for the child to be around the mother. We all know that this isn't always the case. Anyhow, that kind of ruling is a little odd, but i would look at the judge's past dockets...is he ALWAYS this way with custody? And...one other thing. I wonder who the fathers' attorneys of record were. I know that there is one law firm out there that specifically targets men going through divorce, and they can be real sharks about it. If you are curious about the judge's rulings on cases, you could always look it up on Missouri Casenet. Just google MO Casenet and the judge's name, and you should get the right results.
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Re: Clay County Judge

Postby kcjayhawker6 on Sat Jul 05, 2008 6:46 pm

Don't know him but I wonder why we find it odd that the dad's can't get the kids or why the mom is a better fit? I ask, because I have witnessed several "moms" who are bi-polar and other women think they are victims (easier to believe maybe?)
Believe me in the divorce cases, if the judge grants custody to one parent, the evidence shows who the more responsible parent is, where the children feel safer.
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Re: Clay County Judge

Postby kathy1967 on Wed Jul 23, 2008 6:56 pm

I've been divorced now for 3 years and as soon as my ex possibly could he filed a motion to modify support. The man makes $100,967.00 and I make less than $28,000.00. It took a solid year to get to court because my ex pulled every stunt in the book to try a bully me into agreeing to his terms which was to take our daughter out of daycare (he claims that at 10 years old she is "mature" enough to be home alone for 10 hrs. a day) and reduce the support for two kids to less than half. He demanded all my financial records and paraded them around for everyone to see, but REFUSED to provide his own. I had to file a motion to compel that was never followed through on. My ex husband is not involved in our children's lives. In fact, he moved 250 miles AWAY from them to marry the woman he was having an affair with. He doesn't always come to see them when he is suppose to but insists that our 16 year old son, who just got his license in December, drive 140 miles round trip to the grandparents house so my ex can get "credit" for his weekend. I asked the judge to require my ex to provide the transportation as a safety precaution but the judge refused basing his decision solely on my ex's TESTIMONY that he pays for the gas. (My gas card bill PROVED otherwise but the judge disregarded that FACTUAL piece of evidence.)

I went to Court with copies of all my bills, receipts from my daycare, and my income and expense statement. My ex brought his income and expense statement only;which showed after he paid all his expenses AND his child support he still had over $2000 left at the end of the month!! I am in the hole at the end of each month. NONE of those documents meant ANYTHING to the judge. He accepted my ex husband's TESTIMONY as fact and ruled to take daycare out of the child support calculations which reduced my support by $500 a month. However he generously ruled that I had the final say on daycare providers and how long our daughter would be in daycare. My ex husband is still suppose to help pay for daycare but now I am to submit a bill each week and proof of payment and he has 5 days to reimburse me 76%. To date my ex husband has delayed payment every week by several days, he proclaimed that the copies of my checks weren't proof enough, that the copies of the receipts were either forged or from a "drug dealer" (I don't do drugs and would submit to a test any time, any where!) he has sent an e-mail to my daycare provider telling her that our daughter will not be attending daycare effective August 4th and has now sent me an e-mail refusing to reimburse me unless I can provide his with what he considers to be "satisfactory" proof of payment. I could take him back to court for contempt BUT I don't have the money to do so.

The judge ALSO ruled that my ex no longer has to pay 80% of my children's extracurricular activities, instead he added $60 a month to the support to cover those expenses (so instead of being reduced by $500 it's actually only reduced by $440.00). My son is a junior in high school and plays football. $60 doesn't even cover the cost of his cleats. I had to sell what little nice jewerly I had to pay for football camp this year, I have no idea what I will do next year. I am on the verge of bankruptcy now and am putting our home on the market in hopes that I can find something cheaper within our school district so my son can graduate with his friends since the support isn't even enough to cover the mortgage.

I can't totally blaim the judge because my own attorney did a shoddy job in my defense. Basically she knew she wouldn't be making much money off of me (by her standards anyway) and gave very little effort even though she came highly reccommended. I had to provide the same information over and over again, until I got so fed up I told her assistant to look in the damn file. Guess what? All of the info I provided was there, but I still got charged for the several requests. A motion to compel was filed because my ex refused to provide all of his bank statements, but my attorney NEVER FOLLOWED THROUGH with the motion. She also didn't provide my bills as exhibits even though we had them at Court and didn't stress the fact that my ex had enough money left over at the end of the month that he could afford to put $1300 a month directly into a retirement fund. I really think the ENTIRE judicial system needs to be seriously looked at
Last edited by kathy1967 on Tue Aug 05, 2008 8:04 pm, edited 1 time in total.
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Re: Clay County Judge

Postby campbellkid on Fri Jul 25, 2008 12:46 pm

Kathy,

Thank you for your response. This is a very similar situation my friend is going through. Her husband has over 1/2 million dollars in an account but because he run his own business he is only claiming he makes 14,000 a year. However based on the evidence from a forensic accountant he spends 2,000 a month eating out. How does someone who makes 14,000 a year able to spend 24,000 a year on food alone? So he is only wanting to pay $84 a month in child support of their 14 year old son. He too is involved in sports and the $84 will not even cover his school lunches. Also he is requesting more time with his child and the judge has said he is going to rule in that favor because "a 14 year old boy needs his dad". However, her husband has charges of drugs on his records. Any parent would not favor a teenage boy to be in the custody of a man charged with possession of drugs. This is absurd! I could go on and on about the ridiculous things that the judge is giving to the father but I think these are the definately the worse ones. Judge Chamberlain told her in their pretrial that he would rule in the father's favor based on the "hard" evidence. As for her son he said he was not going to allow a 14 year old boy dictate to him where he wanted to live and would not even consider where the boy want to live. I'm shocked because the boy is 14 and old enough to know where he want to live. Kathy if you can contact me at ajacampbell@sbcglobal.net I would like to get together and see about making this Judge get the public exposure he deserves. Also would like to know who your husbands lawyer was, just curious to see if it is the same as my friends (soon to be ex) husband.
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Re: Clay County Judge

Postby kathy1967 on Tue Aug 05, 2008 7:55 pm

My greatest problem now is that my ex husband is twisting the wording of the new modification and refusing to pay his share of the daycare. The parenting plans clearly states that he is responsible for 76% of the work related daycare. As many of you know daycare tuition is based on enrollment NOT attendance. My ex called several daycares in my town and lied to them saying he only needed 5 weeks of daycare during the summertime and wanted to know if they would provide care during those times. He DID NOT tell them that they weren't consecutive weeks but spaced out during the summer because of visitation. Naturally the daycares said yes, they could accomodate him. When I called them and told them the truth they all said the same thing- I would have to pay for the entire summer, whether our daughter was there or not to insure her spot at the daycare. Otherwise they would just take another child who would be attending the entire time. I even got policy books from the different daycares and took them to court as proof since my ex was trying to get a ruling that he only had to pay for 5 weeks of summertime daycare. The judge did rule that my ex has to pay for 76% of the tuition that I have to pay. My ex then threatened to put our daughter in daycare during his summer visitation time just to force me to reimburse him. The judge said NO. That my ex MAY CHOOSE to put our daughter in daycare, but AT HIS SOLE EXPENSE!!!!! My ex is twisting this and stating that he choses not to put her in daycare during his time and therefore he doesn't have to reimburse me for those weeks- even though I have already paid for them and continue to pay for them. He is now saying I owe him $228 for the weeks that he "overpaid" me when our daughter was with him and is refusing to pay me for any more daycare.

I can't take him back to Court because as soon as the new order was signed my attorney filed a motion to withdraw. She milked me for all the money she could and then left me high and dry.

I feel as if there is truly no way that I will ever get the real help I need.
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Re: Clay County Judge

Postby kcjayhawker6 on Tue Aug 05, 2008 10:01 pm

Going after the judges is not where you start. You have to solve the problem- its the child support calculation.
If it is ordered what your husband is required to pay, contact legal aid and ask if they can help you with contempt of a court order.

The problem is also the attorneys. They bargain back and forth and milk everyone dry. The judges rule in favor of the lawyer who presented the best case.

We are responsible for 76% of all health care. Do we or have we ever been compensated for any of the remaining balance? NO! We have ER chrages for some BS ailments that we pay for.
The doc's office actually bills her now because they saw what was happening.
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Re: Clay County Judge

Postby LNDofMOM on Wed Aug 06, 2008 7:07 am

It sounds to me that the problem is not in the judge or the system but in the lawyers. Your lawyer his lawyer.
I don't think you did but some where blaming a particular judge for what they thought were bad rulings maybe they were. IMHO a judge is to rule on the evidence he is given not the emotions involved in an emotional situation. Maybe this judge needs to be disbarred maybe not maybe the snake attorneys in these cases need to be reported to the AG office for bad practices.
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