Legal Question in Family Law in Illinois

First and foremost, thank you for this opportunity to use your site and knowledge! I realize since years ago that many attorneys wouldn't take my case. So I took both the state of illinois and my ex to court myself to at least correct the record my ex accused me of in her taking me to court herself so many times in the past...and I won them all.

For now, I please ask you only to review which I hope is the final appearance I will have to make, but now only against my ex with the "attached" petition...and only ask to make sure my wording is correct with the timeline of events, and I know the Judge hates "rambing" in anything he reads...so that's important!

Thank you so much! ****PLEASE SEE BELOW MY CASE************************************

IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT

KANE COUNTY, ILLINOIS

DARYL K. GRAUMANN

)

Petitioner)

)

vs. )

)

BARBARA WHITFIELD )

)

Respondent )

　

PETITION FOR ORDER TO SHOW CAUSE AND

FOR INDIRECT CIVIL CONTEMPT AND OTHER RELIEF

Petitioner, DARYL K. GRAUMANN, petitions this Honorable Court for an order to

Show Cause against Barbara Whitfield, and in support thereof states as follows, that:

1. On September 18, 2001, a stipulation and agreed order was entered in this Honorable Court. The sum and terms were agreed upon by both parties as a settlement of paternal obligation. The Order set forth, in Paragraph 6 & 7, as follows: That for the purposes of this Order, the parties agree that Daryl K. Graumann owed Barbara Whitfield, the total sum of $100,000.00, no interest would be charged and other matters connected therewith. The parties stipulate and agree that the defendant, Daryl Graumann will pay to the plaintiff, Barbara Whitfield said sums at the rate of $400.00 each month.

2. On June 17, 2002, an Order for Child Support to include HFS (Formerly IDPA) was entered, whereas $400.00 per month was to taken directly from the plaintiff�s employment checks and paid to Barbara Whitfield, and $100.00 per month was added to pay the $5579.00 Barbara Whitfield owed to IDPA, for a total of $500.00 per month.

3. Contrary to terms of the September 18, 2001, the Respondent failed and/or refused to abide by the Orders set by this Honorable Court and Agreed to by the Petitioner. The respondent falsified and/or had continued negligence in recordkeeping and/or posting payments, added interest, perjured herself in open court, and refused to refund unapproved increased overpayments from the petitioners payroll deduction back to the petitioner. Added dictatorial and tyrannical behavior through the past approximately 8 years, used unethical behavior, harassment, and many other means to cause mental cruelty, financial hardship, and stress to the petitioner and his current family.

3. In December of 2006, and after years of failed attempts to correct the negligence and abuse,

the petitioner agrees a motion for Order to Show Cause and for Indirect Civil Contempt and Other Relief was given to the petitioner at his place of employment during working hours by the local sheriff.

Page 1

The petitioner�s first appearance was in person with this Honorable Court on January 11, 2007, the legal counsel for the petitioner�s ex-wife (Barbara Whitfield) and this Honorable Court being both presented with documentation requested, to include personal checks, pay stubs, etc... from the petitioner to review. This Honorable Court, with the full approval, knowledge of, and in full agreement with by the legal counsel for Barbara Whitfield, the petitioners ex-wife was also given a final order that DISMISSED WITHOUT PREJUDICE AND STRIKE PENDING DATES in favor of DARYL K. GRAUMANN.

4. From September 21, 2007 to October 8, 2007, the respondent continued with her harassment in letters, e-mail, and in phone conversations demanding the plaintiff pay her attorneys fees, interest, and other fees from a court case already finalized.

5. On April 4, 2008, the respondent again brought the petitioner to Small Claims Court in an to continue her harassment the petitoner for all attorneys� fees, etc� After presenting all documentation requested to the Honorable Court. The Honorable Court with the full knowledge of all the facts gave the petitioners ex-wife a final order that DISMISSED WITHOUT PREJUDICE AND STRIKE PENDING DATES in favor of DARYL K. GRAUMANN.

6. On February 9, 2009, the plaintiff learned of his rights and petitioned this Honorable Court for an Order to show cause for Indirect Civil Contempt and other relief against the respondent as well as the STATE OF ILLINOIS HEALTHCARE AND FAMILY SERVICES (Formally IDPA) and/or its accomplices, the DIVISION OF CHILD SUPPORT SERVICES (DCSE).

7. On March, 30, 2009, Barbara Whitfield wrote to this Honorable Court with the written purpose to again counter claim against the petitioner. Written within the letter to this court, in chronological order, the respondent admitted the following while controdicting herself in this same letter: That on January 11, 2007:

a) �It was then that I had learned that HFS had been intercepting all the money from SDU (State Disbursement Unit).

b) The respondent again claims she never received any life insurance �proof of insurance��ever! While writing in the very same letter �I have the dated envelope and his alleged proof of the insurance�. As well as the petitioner retains copies of yearly certified mail signed for by the respondent and already offered and accepted as evidence in this Honorable Court. Therefore, the respondent admits within her own letter that before she continually increased her harassment of the petitioner from 2007 to 2010, she had indeed had all the facts about her payments received and life insurance requirements were being met.

8. My plea is that Barbara Whitfield, after almost 10 years, be brought to justice, that she be stopped from showing contempt for this Honorable Court system, to society, as well as be stopped from falsifying statements directed to this Honorable Court in an effort to utilize a flawed system within the HFS software mishaps starting in 2006 for her own financial gain, while completely ignoring the �Agreed Court Order� from September 2001.

9. WHEREFORE, the petitioner, DARYL K. GRAUMANN, pleads and requests

this Honorable Court to enter an order that follows:

A) That an Order to Show Cause be issued requiring Barbara Whitfield to appear and show cause, if she can, why she should not be held in direct civil contempt for the willful

failures, false statements, negligence, deception, and refusal to abide by the authority and/or rules of this court.

Page 2

B) As stipulated and agreed to by both parties on September 18, 2001, with

the petitioner knowingly remaining having kept a �good faith� effort since the original

September 18, 2001 STIPULATION AND AGREED ORDER, proving that fact before this Honorable Court, the petitioners ex-wife�s attorney in an ORDER TO SHOW CAUSE HEARING in 2007, again in a SMALL CLAIMS HEARING BEFORE this Honorable Court in 2008, and finally in the presents of this Honorable Court, the Illinois Attorney Generals office, and the head of accounting for HFS in 2010.

C) Therefore, the petitioner pleads with this Honorable Court an immediate penalty and/or fee to be awarded to the petitioner for any future unacceptable charges and/or changes due to negligence, poor record keeping and ANY increase made without just cause.

`D) DARYL K. GRAUMANN be awarded punitive damages to include interest, any court fees, travel costs, attorney fees, and any other fees associated with this case. And that such funds be paid directly and immediately to the petitioner directly from BARBARA WHITFIELD and/or deducted from any future total owed (if applicable) as follows:

$ 2303.60... Lost wages due

$ 5,579.00�Overpayment to HFS for public aide assistance received and owed by the respondent and as stipulated for in the September 2001 agreement, this amount was stipulated clearly in paragraph 6 as �Other matters connected therewith� and never should have been added to this petitioners balance in the first place.

$ 2,201.00�. Interest on excessive monies stolen from petitioner.

$ 1,615.90�..2938 Miles plus wear and tear on vehicle to attend fraudulent Court appearances(226 miles round trip x 13 times told to appear).

$ 2,627.25�.Accounting fees to tabulate entire payment history for this Honorable Court

$ 89.43�..Certified mailings, copies, and other expenses to attend court.

$ 14,416.18�Total

E) And for any Order awarding DARYL K. GRAUMANN such other and

further relief as this Court deems proper for pain and suffering. Also utilizing the agreed original

September 18, 2001 paragraph 12 agreement for 50% be paid to BARBARA WHITFIELD and

Deducted from any future total owed (if applicable).

RESPECTFULLY SUBMITTED,

DARYL K. GRAUMANN

VERIFICATION

　

Under penalties as provided by law pursuant to 735ILCS 5\1-109 the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

　

___________________________________________

Daryl K. Graumann

Page 3

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois

Looking for something else?