FAMILY COURT OF THE STATE OF NEW YORK
John Murtari,  Petitioner
     -- against --
Adrianne Phillipson, Respondent
 

ORDER TO SHOW CAUSE

 

Index No. V-320-95

1. The Petitioner’s name and address is:

 

John Murtari

c/o Software Workshop Inc.

55 E. Genesee Street

Baldwinsville, NY  13027

 

DOB:  October 2, 1956

Phone: 315-635-1968, x-211

 

4. An order of support was made by:

 

Divorce Judgment Dated:  March 26, 1997  (Exhibit F)

Supreme Court, County of Onondaga,  Index No: M-705-95

Original Plaintiff: Adrianne Murtari

Original Defendant: John Murtari

 

5. The order of support required the Petitioner to:

 

Pay a weekly amount of $120.00 based on an imputed income level of $40,000.00

 

6. There has been a change of circumstances since that date of the order of support in that:

The financial disclosure affidavit contains a copy of my 1998 tax return (Exhibit A), income of: $18,400

 

I have yet to complete my 1999 return. The financial disclosure affidavit has my W-2 (Exhibit B) which is the entire basis of my income for the year: $12,500

 

My son was moved to California in January of 1999. I had been making payments of $60/week prior to that time on an approximate income of $16,000 annually.

 

No adjustment has been made to the Order since my Son moved to California to adjust for the high travel expenses. In 1999 I went to California on three occasions to see Domenic for a weekend. Including air fare, rent a car, food, and accommodations (I would rent a cabin to provide a “home” environment) – each trip cost app: $900.00 - 1,000.00

 

In the summer vacation of 1999 I made two round trips to California to pickup and drop off Domenic. I paid for his round trip tickets – the total cost was: $1,200 I did get “child support credit” for half of this amount (Exhibit C).

 

Total travel expenses last year with about $4,200.

 

Since the Spring of 1999 I have committed myself to an effort to Reform the Family Law System and to regain an equal relationship with my son, Domenic (newspaper article, Exhibit D).  This has become a “full time” effort and it will not cease until I am restored as an equal parent to my son and can give him the personal support he deserves and which is my obligation & duty.

In the Fall of 1999 I ceased full time employment and only work at a consulting level at the family owned Company, my monthly income since November of 1999 has been approximately $400.

 

7. As a result of the change of circumstances since the date of the order of support, the order of support should be changed as follows:

 

The order should be modified so as to no longer require me to abandon a type of work to which I am well suited and which gives me the flexibility to be spend uninterrupted time with my child. It should be based on actual IRS-1040 income amounts; it should include the expected amount of travel expenses.

        At NO time have I ever hidden income or assets during a proceeding; nor have I been accused of such conduct.

        I have never been accused (nor is it true) that I started the business or my present effort to reform the system in some attempt to “escape support payments”.  These were all “good faith” decisions.



8. I am asking for relief from arrears that accumulated prior to filing this petition and also from relief from the “standard” enforcement procedures, and the reason that I did not file a petition before the arrears accumulated is:

The decision to allow my son to move to California occurred in December of 1998, a decision to deny an earlier petition for support change occurred at approximately the same time. It was my intent to appeal both decisions and gain relief in that matter.

 

Because of limited resources, the emphasis was placed on getting the Appeal completed on the move – this has been difficult and is expected to be perfected this month (almost a year later).  The appeal of support simply had to be abandoned.

 

I have also spent approximately 50 days in jail during the past year as part of peaceful reform efforts. It has been a difficult year with limited time.

 

The SCU COMPUTERS are demanding payment (Exhibit G) – at my limited income levels they still require 65%.  How am I expected to survive? They would bring me well below any self support reserve.  They recently “seized” a checking account I had – which had about a twenty dollar balance.

8(a) - I am asking that my drivers license, which had been suspended through action of the County SCU,  be restored immediately

 

My attempts to file paperwork with SCU here in the County to show that I was below the self support reserve, and avoid suspension, have been ignored (Exhibits C & E)  I found out in the Fall of 1999, that my license had been suspend in June of 1999 and that also a “tax warrant” had been issued against me.

 

I had been credited app. $500 as part of the summer travel expenses.

 

At present I live with my mother, age 83, in the town of Lyons, NY – approximately 1 hour from Baldwinsville.  The town has no bus service.  When I have a chance to work at the office I must drive there.  My mother does not own a car or drive – it is up to me to take her shopping, to the doctor, to church, etc….

 

MOST IMPORTANT - If conditions permit I hope to be able to see Domenic for 6 weeks this summer and spend a restful and fun vacation together. My mother lives in the country and Dom and I both enjoy the outdoors.  We have not seen each other since October of 1999.  My mother wants to see her only grandchild. Without a drivers license this visit will not be able to happen. We will be staying at my mother’s house and having to drive under the threat of being arrested and jailed for even a minor traffic stop is too great a risk.

 

I hope the Court will be able to restore the license on a temporary basis. Not being able to drive would make it difficult to make summer travel plans, get discounted airline tickets. Domenic and I would not be able to see each other and that would be cruel and undeserved punishment for both of us.

 

9. No previous application has been made to any Court or Judge for the relief requested in this petition, except:


A petition was filed in the Fall of 1998 to modify the order but that request was denied by Hearing Examinre Davies. The support amounts of the original Divorce Judgment (Exhibit F) are still in effect.

 

10.  Your Honor, the law is suppose to build upon prior decisions – but when they are not based on justice, this type of real “mess” results. I deeply regret all that has happened here. Please understand I will not voluntarily denigrate myself and my value as a parent to our child. I wish I had something to “give” in compromise, but I have been stripped of everything of real value. This benefits no one. I hope you can take strong action as you believe real justice dictates.

 

Wherefore, Petitioner respectfully requests that the current support Order be modified as set forth above and for such other further relief as the Court deems just and proper.

 

Date: ______________                  ____________________

                                      John Murtari

                                      Petitioner