Evaluation & Clarifications
Ignorance is not bliss. And what you don't know, contrary to the saying, can hurt you. The development of knowledge continues as we pass through life, but what a price we pay when we get "caught" before we have made our journey from the Land of Ignorance. You are easy prey to the attorneys and courts as long as your don't know your rights or how the system works. Realization at a later time of your ignorance does not eliminate the torment the courts will pull a person through. Learn as much as you can about everything before tragedy knocks at your door.
The courts are set up in three levels. MOst disputes are settled in the Circuit court, which is the lowest court also. If you disagree with their decision you can then appeal to the Appeals court. But it has to be done within 90 days of the Circuit court's decision. After that I understand if you don't like the Appeals court decision, you can take it to the State Supreme Court.
I recently learned that my approach on arguing against having absolutely no depreciation added back into my itemized adjusted gross income is not correct. Right or wrong, standard depreciation is considered as income by the banks, loan agencies, and the IRS. However accelerated depreciation allowed by the IRS for the first year after purchase, does not get included.
For the year of 2001, the banks and the IRS would label my federal AGI (Adjusted Gross Income) which includes standard depreciation is $20,677.00. My AGI was $17,129.00 for 2000 and $19,821.00 in 2002. However the Kenosha courts refuse to accept any figure less than $40,000.00. That is double of what I made and am in jail because of that. Even if I didn't get a penny for my two boys and my "real" federal AGI Was accepted, the child support for 27 months would be $15,817.91. I paid $18,000.00, but I'm in jail! The feared IRS is a teddy-bear compared to Judge Mary K. Wagner. When I requested a print out from the Child Support Agency on who I am responsible for, all of my seven children are listed. Even though two of them have been in my custody from the beginning. Because of that, they don't go after my wife for support and therefore I get nothing for them. The Agency tells me they can't change it and it must be changed in the courts. The courts didn't and won't change it and excuse it away as just a minor mistake. "Besides we calculated the support not by how many children, but by your income of $40,000.00."
When the judge released me by July, I right away filed for a hearing to change the errors. On August 10th, Commissioner Fritzgerald refused to make any changes. I immediately filed for the DeNova Review which demands a judge to look at it. At the same time I also appealed to the Appeals court. On September 2nd Judge Mary K. Wagner fled from the courtroom upon me entering. Within five minutes I was led away in handcuffs. She didn't even have the integrity to give me the hearing that I requested. I think she is a vindictive and unfit judge. She is almost half way done with her six year elected term. I sure wish in three years the people would vote for justice instead of her.
Now the Appeals court can't act on a Commissioners decision, but only upon a Judge's ruling. The Judge fled from the courtroom so there was no hearing, so once again they couldn't do anything.
I heard a rumor that my EX-wife's attorney and Judge Mary K. Wagner have been close friends for a very long time, possibly as far back as high school. If that is true isn't that a conflict of interest? I wish I had an attorney that can demand a hearing before a different "good" judge.
I will give my explanation of her possible reason why she threw me back in jail. For the past two and a half years she has financially smothered and crushed me until she finally threw me in jail on March 26, 2004. Most Americans are two missed paychecks away from bankruptcy. In what financial position would you be in if you had zero income for 97 days and in jail? Would your house or vehicle be in repossession? Would your credit be in collections? Would you still have a job? If you would be locked up for that long? When I came out, my van was impounded. After being eleven days out of jail, I finally borrowed enough money from a friend to get it back. I then rejoined my two boys. I hadn't seen them for 3 1/2 months. By the end of the first month I finally got another job. Then the pain started of getting back in shape after the over three months of muscle determination because of jail. There isn't any exercise equipment and you ar not allowed to jog or run. There are a lot of restrictions and the body gets weak. By that second month I regained my stamina and paid a few bills including a few supplies for my two boys. Then September second Judge Mary K. Wagner throws me in jail probably because I didn't increase the $18,000.00 amount I already paid for child support in the two years. The real reason I think though, why she threw me in jail is to retaliate against me for my website. And when I get out NOvember 24th, I will reface the same problems again, except worse because of my seasonal work and skills. Because winter is such a financial struggle I will be in contempt again. By Spring I will end up spending next summer again in jail. My current address;
KCDC (Kenosha County Detention Center)
Bernie Tocholke
3804H GN 45
4777-88th Avenue
Kenosha, WI 53144
