November 13, 2007     Dear Ms. Barum,   I am in receipt of your letter dated October 26, 2007 (which was postmarked 11-2-07). The cover letter states “It is recommended: The support order should not be modified.”   Although the recommendation itself is quite clear, I’m afraid that I don’t understand the supporting worksheets that were used to determine this decision. You may not be familiar with my case history, but Judge Linda Hallmark has repeatedly assured both my attorney and I that this court is absolutely unbiased in it’s handling of my case.   That being said, I’m at a loss as to how these computations were done. What information was used, what guidelines, codes or laws were followed and which were not. I’m afraid that the worksheets being used to determine the outcome of this latest recommendation, has the strong appearance of two different sets of laws and adherence to procedure being used, one for me and a very different one for my ex-wife.    I have been trying since May of this year to get a reduction in child support (at least the day care portion). This court already imputed my wage to more than twice my earnings for the last seven years. I have already grossly over-paid because of this, as well as the fact that child care should have ended at age 12 for both of my sons. In light of these facts, I did not anticipate being subjected to the following type of abuse once again. This is what transpired:   It took 3 months (until August) before the Oregon Dept. of Justice could even get FOC to respond with the appropriate paperwork. (I suppose the District Attorney’s office could be lying, but I think even FOC would have to admit that would be doubtful).  Today I received your recommendation from FOC stating that my payment would stay exactly the same as it had been. And if I don’t like it or agree, I can ask for a hearing to dispute the recommendation. I have been to enough of your “hearings” to last me a lifetime. It is common knowledge to both Linda Hallmark and George McGrath that because of the past hearings I was “invited to attend”, I am unable to afford legal representation to exercise my constitutional right to a “fair” hearing.  The worksheets clearly show that my ex-wife’s wage was IMPUTED and that it was based upon 2005. First of all, you had to impute her wage to get it that low. Secondly, it was from 05! Where is her 2006 return and 07 earnings? Does the “law” that states we are required to provide  CURRENT pay stubs and W2’s only apply to fathers? I thought it was mandatory (with the intention of being fair to everyone) that both parties had to abide by the same set of rules, guidelines, codes and laws to determine an equitable child support payment. The worksheets did not even acknowledge that I already pay $325.00 a month for health insurance in it’s “beyond reproach computations”, although that was clearly submitted by me in my documentation.  If the support order were going to be modified, (according to your calculations) they would raise my uninsured medical expenses from approx. 51% to 72%.  They deleted the childcare portion of my payment (only because it was  blatantly obvious by the ages of my sons that they hadn’t been in day care for years)  Then they doubled my child support portion to make up the difference in what they had taken out!  The only logical conclusion that I can come to is, either my ex-wife was never required to submit verifiable information about her finances, or someone just blatantly and flagrantly disregarded the “law” by not using the information that they were required to use. In my opinion, those that have been involved in this case already know (and count on the fact), that they have destroyed me financially and I can’t afford legal representation to obtain justice in this court. So they know full well that a hearing really isn’t an option for me. In my opinion, this is an absolute travesty of justice once again. Decisions like this, cast serious doubt on the integrity of our legal system and those involved in it. How can we expect any reasonable man or woman to have respect for a system that would allow (what appears to be) such biased and reprehensible behavior from those that supposedly serve our families?   I am totally disgusted with FOC and everyone that represents them. I would be ashamed to be associated with them or their “system”. It appears to me (and a great many others) that as long as you are one of those enforcing the laws, you are excluded from having to follow them.   Although I am in complete disagreement with this recommendation and especially the gross misrepresentation of the facts surrounding it, I am not requesting a hearing at this time. Unfortunately, this court has stripped me of every asset and knows I am unable to secure legal representation. Besides, my past experiences in that courtroom have clearly shown that it would be nothing more than a waste of time and resources even if I had them.   I have never committed a crime, yet this court has treated me like a criminal from the very beginning. They have stolen my sons, distorted or stopped the truth from coming out, all in the name of “doing what is in the best interest of the children”. All of this while repeatedly insisting that they are not biased.   It appears to me that those involved in this case continue to break and make their own laws even to this day. Perhaps some day this case and others just like it will come to the attention of the Judicial Tenure Committee. I wonder if they would scoff at our system and its’ legal checks and balances the way this court seems to do on a daily basis…   It is my greatest hope that someday each one of you that are in a position to make a difference, will stop playing with people’s lives and families. And realize for the very first time that “this REALLY is about the children”!   Our court system talks a good game about wanting what is truly best for children, but I have seen no evidence of this in their actions or decisions. Please help these children, instead of destroying the ties to their God-given families because it promotes your particular agenda or bias. The children are the ones that suffer the most. You have an opportunity to make a difference. I implore you to take this responsibility seriously.     Sincerely,    Richard A. Nischalke   (go to next page)