RAsheda Young
Basic Writing Theory & Pedagogy
May 14, 2013
Literacy
Narrative: Draft 3
Final
How Speaking and Writing Legalese Saved My Son
I’ve always been known for being a strong woman. I could take on anything. My mother taught me to smile even during my
darkest moments. I have been smiling a
lot. Behind the smile though stands a
tall woman afraid of failing, disappointing her family, and afraid of
disappointing her children, but I still keep moving. I move by the promise that even though I’m
dealing with the most litigious person I know, my efforts to save my son will
be rewarded. In the beginning of this
awful ordeal, I was not as confident in my own ability to advocate for myself
or fill out the copious amounts of paperwork that go along with getting a court
hearing. Once I learned how to read and write like a lawyer, saving Malik
became easier.
My son Malik is five years old. He’s outgoing, smart, caring, a brat,
attention seeking and one of the joys of my life. His father and I weren’t together long enough
for my spirit to discern that the core of him is not a good person. I left him after years of intimidation and
obsessive control. During our
relationship I was convinced that he wanted to destroy me. Now that we aren’t together, I am more
convinced. However things weren’t always
so volatile. There was a moment when I
thought we would get married and live the rest of our lives together. Wrong.
His controlling and verbally abusive tendencies began eating at my
spirit. I began to take on his issues
and make them mine. I lived this way for
three and a half years.
When I finally got the courage to leave my son’s father,
I called my father to help me move and to load my things into a U-Haul
truck. He did. He brought his piece with him too. “RA, if
that jerk puts his hands on you, I’m going to use my pistol.” I just looked at my dad. He was serious. He had had enough. So had I.
For about three hours we loaded my things in the U-haul truck that
waited outside in the driveway. I wanted
to be quick. Malik was coming home soon.
I wanted to get out of there before he came home. Unfortunately, that didn’t happen. All of
my things weren’t out of the house before Malik returned. I wasn’t worried though. He wasn’t abusive when other people were
around, so with my father there, I was safe.
With most of the stuff loaded and my son and daughter at my sister’s, I
left for south Jersey. I took the Garden
State Parkway home. Angry snow fell from
the sky onto the window shield, making it difficult for me to see, but somehow
I did.
For about six months, I lived with my sister in her one
bedroom apartment. My children slept on
a twin air mattress and I slept on the floor.
I woke up every morning determined not to go back to my son’s father. I did not.
I made the best out of our living situation by continuing to press
forward. I got bedroom sheets that I
knew my children would enjoy and put my daughter in swim twice a week. I wanted things to be normal for as long as
they could.
Things were going pretty
well until my son needed to have local eye surgery and I incurred the large
bill. When I asked Malik to help me, he
refused; therefore I told him if he wouldn’t I would take him to court
requesting that I get child support.
Malik told me that if I kept pressing the issue, he would not contribute
in any kind of way towards daycare. I
pressed the issue. He did not
contribute; therefore, I filled out the paperwork to get a court hearing.
“Hello,
ma’am may I help you?”
“Yes,
this is my first time applying for child support. What do I need to do?” The small man behind the glass counter looked
agitated. It appeared that he did not
want to be bothered.
“Here,”
he said. “You need to fill out this
packet and bring this back to me. Sign
your name next to the X on each page.
Any questions?”
From the
way he responded to me, I was afraid to ask him questions, but I did, “Yes, do
I need to have his financial information?”
“You
mean you came to court without having his financial information?” He looked at me with complete disbelief and
disdain. He held his mouth open once he
completed his sentence.
“Yes, I
didn’t know I would need it to fill out the paperwork. This is my first time doing this.” I really wanted to switch registers and be as
nasty to him as he was being to me, but I held my tongue. I needed him to help me.
“Okay, ma’am,“
his tone changed. I guess he could see
the nervousness in my eyes. “Yes you do need his information. Do you know where he works?”
“No. He
says he doesn’t have a job anymore, but I don’t believe him.”
“Do you
know if he has any assets, stocks, bonds, investment property?”
“Somewhat.”
He reached to another pile beside him
and got another packet of information.
“Okay,
then you’ll need to fill out this as well.”
Fill this out as well? Those
words clanked about my head like a voice in the mountains with nothing but that
singular voice bouncing off tree limbs. Fill this out too? He handed me at least 30 pages of blank
pieces of paper to fill out. Each line
looked foreign to me “appellant,” “plaintiff,” “defendant,” “stocks,” “primary
custodial parent,” “gross income,” “fill out which division: family or child
support”. I was intimidated by all the
white space on the pages. I refused to give up though. I filled them out to the best of my ability. Malik kept his finances a secret. I didn’t know where he kept his money, where
he banked or if he were the sole owner of his investment properties in Newark,
New Jersey. I did my best. Some of the pages were left blank.
As soon
as I got home, I began researching the terms from the application I did not
know. I did a quick Google search. I typed in “plaintiff,” “gross income,”
“primary custodial parent.” While I knew
what gross income meant, I did not know how to connect this to Malik. I found out I would always be considered the
“plaintiff” as I was the initial person to bring my concerns to the court. I also learned that it was very important for
me to be recognized and listed as the “primary custodial parent.” Simply stated, “primary physical custody
means that one parent is more responsible for caring for any child or children
in the family. It also means that the child will spend more time with that
parent than with the other” (Lawyers.com para 2). Understanding this term was crucial for my
case. Since Malik made heinous
allegations against me, I needed to substantiate my mental fitness by proving
that 1) I had my son most of the time 2)
his father returned him to me every week without expressing concern for the
welfare of his child and 3) the primary custodial parent is entitled to child
support.
I spent
a lot of time reading information on the internet from credible websites like New Jersey Law and LexisNexis. I needed to
understand how to best highlight pertinent information to the court. I had to accomplish before our next court
date. Once Malik received my motion from
the court, things got really ugly. It’s important for you to understand that we
began going to court in July 2011. I did
not actually begin getting child support until January 2012. He was obligated to $69 per week plus $150 a
week for daycare. I was satisfied with
that. He wasn’t. He wrote a motion asking for custody of my
son, claiming that I was an abusive parent, mentally unstable, and lost custody
of my daughter Amaz. I was confident
that the judge wouldn’t believe him, and in part, the judges didn’t. What became challenging though was getting
Malik to pay child support. He was so
upset with the child support calculation that he wrote the court asking the
judge to reconsider his decision.
In March
2012 he went to court without me being there.
I did not receive mail correspondence from the court, so I did not
attend the hearing. From the hearing,
Malik was able to get all of the arrears vacated. His child support obligation was zero weekly dollars. I was furious. I did not know what to do. I was responsible for paying half of daycare
expenses, expenses for graduate school and providing for my daughter. Because of all of my expenses, I began
getting behind on bills. During the
process my car was reposed (though regained quickly) and house foreclosed. Again, what was I going to do? I didn’t understand “vacated arrears,” “date of
filing preserved until plaintiff establishes rental income,” or “plaintiff must reimburse defendant daycare
expenses within 30 days from this proceeding.” All of it looked foreign to me. When I read those words from the court order,
I couldn’t believe it. I did not
understand how he was able to get all of his child support arrears dismissed or
how he convinced the judge that I had to reimburse him within 30 days for the
money he paid out for childcare.
Once I
got the notice from court that all arrears were vacated and that he didn’t have
to pay child support, I determined for myself that he would. I decided to go back and ask for a
reconsideration of the judge’s decision.
Before returning to the courthouse, this time, I did some investigation. I did a search of his name through Google and
found that he owned property in multiple locations within the state. One of the pages proved that he owned a
21unit apartment building. I printed
those pages. I brought them when I
filled out another application to ask for a reconsideration of the judge’s
decision from March 2012. The 30 pages
of blank pages from the clerk did not seem so daunting. Instead of taking two hours as it did before
to fill out the paperwork, this time, it only took one. “Thank you,” he said, “you have a court date
in May. We will send the defendant your
application.”
I left
the courthouse feeling pretty confident about my court date and my growing
confidence in filling out the paperwork.
Wrong. For various reasons our
case was rescheduled three times. Our
case was not heard before a judge until August 2012; that’s a whopping five
months after my initial filing date.
Once our court date arrived, I was confident that my research would
yield positive results. When I saw the
judge, I was happy that she was a woman.
I thought she would be as livid with Malik’s lack of cooperation as
me. She was an unimpressive white woman
with thin brown hair. I could see her
scalp from the bench. Her black robe
made her look regal though inflated. I observed
how she handled cases. She was sharp,
abrupt, and only courteous to lawyers: “Don’t speak unless I ask you a
question! You’re interrupting me. Don’t speak when I talk Sir. Don’t speak.”
My initial thought of her being sympathetic to me because of my gender
quickly left when she began speaking to lawyers. I was scared. Bad.
When our case was called, Young vs. Akbar, I was
terrified. In order to prove Malik had
been underreporting his income, I needed to provide concrete proof that he
owned apartment buildings. I showed the
judge my research from Google showing that the deed was in Malik’s name. That was inadmissible. She needed something
more factual. I needed the actual deed
from the County Clerk. Then while
looking for other court papers while I was giving my testimony, I
serendipitously found a prior court order dated September 2011; it ordered
Malik to bring five years’ worth of tax returns. If he didn’t, he would be sanctioned $25 each
business day that passed without him bringing said information to court. I read it to the judge. I was relieved.
Wrong. He still didn’t comply with the court by bringing said information to
court that day. Instead he continued
making accusations about my mental fitness and inability to care for our son: “Your
Honor,” he said, “we need to look at her mental fitness. She was hospitalized in the mental ward at
Jersey Shore Hospital.” I was
floored. How could he be so vile? The judge dismissed his allegation on the
basis of lack of proof. She gave him two
weeks to comply with the prior court order.
She ordered him to supply his financial documents.
Two days
after the judge’s deadline for Malik to comply, he filed another application to
the court asking for a reconsideration of her decision on the grounds that I
was mentally unstable. He wrote that he
wants custody and requested a new court date.
His wish was granted. We got
another court date before a different judge.
Our new court date was for December 12th. However, the night before our court date, he
retained counsel who then called the judge’s chambers to adjourn the
hearing. Malik’s rationale for calling
the court was that he needed time to get his financial documents together. The judge dismissed the case. I was furious! I had been waiting since March 2012 to get
child support for our son and to prove my mental fitness as Malik’s mom. I incurred unbelievable financial hardships
and put my academic dreams on hold to provide for my children. I was relentless. I kept calling the judge’s chambers to get a
new court date. Finally after weeks of
calling, I was able to get a court date for February. However, this time, in order to win my case,
I decided I needed to learn how to speak like a lawyer, present my case like a
lawyer, organize my case like a lawyer and to read like a lawyer.
One of
my friends just recently graduated from Georgetown Law School and is a family
lawyer barred in Washington DC. I asked
her to recommend a lawyer who could take my case in New Jersey. Shortly after her recommendation, I met with
a lawyer. “Good afternoon,” she said. “As
you know, I am Mrs. Jalloh.” Mrs. Jalloh
is an African-American woman who stood about 5’6 with shoulder length curled
black hair. She’s a slender woman who
wore a tan suit and spoke with a southern accent.
“Good afternoon.
One of my friends from facebook recommended that I speak with you. She highly recommended your firm.”
“Thank you,” she led me to a small conference room. It had a long rectangular table with six
chairs around the circumference. I was
nervous. She pulled out her chair and
sat down. She used the stop watch on her
iPhone to record the time. She placed it
in front of her. “Now how may I help
you?” In order to expedite matters and
make the best use of my time, I brought all of the court orders. I put them in sequential order. “Ultimately what would you like to happen Ms.
Young?”
“I would like child support recalculated to the first
time I applied for child support back in July 2011. Malik lied in March 2012 and based on this
lie, he convinced the judge to have my child support payment calculated to zero
weekly dollars. At the time, Malik owed
child support arrears. I would like
those back. Do you think you can make
this happen?”
“I cannot make any promises. Let me see what you have.” I gave her my binder of information. “Okay,
well let me look this over in more detail.
I have a contract that explains my fee.”
I took
the contract and read it. My inner
eyeballs rolled in my head as I hovered over the retainer fee: Fifteen
hundred dollars!! How in the world am
I going to come up with that kind of money?
“I’m sorry Mrs. Jalloh, but I don’t want to waste your time. There’s no way that I can afford that right
now. Is there any way you’ll accept a
payment plan?”
“We do have payment plan
options but the full retainer must be paid before we go to court.”
I knew I
couldn’t agree to that. We were going to
court in February. My meeting with her
took place in December. “I know I will
not have the money by February. I’m
being honest.”
“Okay,
I’ll take a look at what you have. You
need a strategy. You don’t want to go in
there without a strategy. I’ll call you
in two weeks. I’ll let you know what I
can do in terms of the retainer fee.”
“Thank
you.” I left the binder of information
for her, jumped on the Garden State Parkway and headed home for Neptune.
Like
clockwork, two weeks later Mrs. Jalloh called me and we set up a time for me to
come to her office. Her office is
forty-five minutes north of where I live.
I jumped on the Parkway and prepared myself for the worse: she could not
take my case. “Ms. Young, so nice to see
you. How are you?”
“I’m
well thank you.” She led me back into
the same room with the big rectangular table and chairs. I sat down too. “I looked at your court
orders and there are some holes that need filling. I’ve prepared a list of action items for you
to complete and a timeline of court hearings, who filed the application, and
the outcome. I realize that you cannot
pay the retainer fee,” my heart was pounding at this point, “so I’ll only
charge you for the strategy that I’m giving you. That will be $300. A favor”
Saying I
was relieved doesn’t do her kind gesture justice. “Thank you,” I said through a smile. I read
over the documents. “What does ‘date of
filing mean’ and why is it important?
Why is it important to have the court orders in order?”
“Oftentimes
the defendant hopes that you are not organized. You’ve been to court many times and he can
use that against you. Typically judges
are overloaded and do not read all of the court orders. By having the court orders in chronological
order with a numerated summary of each order, you’ll be able to 1) direct the
judge’s attention to the court order and 2) match up the defendant’s words
against the court order. Court orders
will be your proof. Judges accept
this. Additionally the date of filing
shows the judge who initiated the proceeding and why. Do you understand?”
“Yes.”
“It’s
also important for you to fill in these holes.
What happened between March 2012 and August 2012? What took so long for you to get a court
date?
I
explained it to her.
“Do you
have proof?”
“Yes.”
“So he
has not been paying child support since March 2012?”
“Right.”
“Do you
know what happened at the March 2012 hearing?”
“No.”
“Then
you need to get a copy of that transcript.
You need to find out how he was able to get the child support calculated
to zero weekly dollars. That’s unheard
of! Can you do that?”
I didn’t
want to lie. “No, how do you do that and why is it important?”
“The
transcript is written by a court approved transcriber. The transcript is another form of evidence
that the judge will consider. While
you’re at the court to get the transcript, get the child support guidelines
that were run in March. This will show
you if he actually provided the court with his financial documents. If he did not, use this against him. Show that he is constantly in contempt of
court orders.”
“Okay.”
“Remember
your goal is to show his contempt of court orders. To do this, match his words against court
orders. This will prove that he lacks
credibility. You’ll also need to provide
proof for everything you say. Do you
understand?”
“Yes!” I gave her a hug. She hugged me back. I was so delighted that a woman I never met
before gave me such thorough assistance for a fraction of the cost. I drove home that day more determined than
ever to win my son and put Malik’s allegations of mental unfitness to rest.
As
suggested by Mrs. Jalloh, I ordered the Official Transcript from our March 12th
hearing. When I read the transcript, I
saw where he lied: “What order provides
that she reimburse you daycare expenses Sir?”
“The
October 27th—“
“The
October 27th court order provides that she pay you back?”
“Yes, it
says: ‘Ms. Young has 30 days to reimburse Mr. Akbar child daycare expenses.’”
“Okay,
well I’m not going to reverse that court order.
Has she paid you back Sir?”
“No.”
“Okay,
I’ll vacate child support arrears since she has not been compliant with the
court. This will serve as her repayment
to you.” Based on this lie, he got his arrears erroneously vacated and child
support payment reduced to zero weekly dollars.
I made a note of this. After
reading this, I wrote a summary to the court of why I needed child support
using New Jersey State Statues that provide clear indicators:
child support schedules represent the average amount
that intact families spend on their children (i.e., the marginal amount spent
on the children). The Appendix IX-F support awards include the child’s share of
expenses for housing, food, clothing, transportation, entertainment,
unreimbursed health care up to and including $250 per child per year, and
miscellaneous items (New Jersey State Judiciary Appendix IX A)
for a person to receive
child support. I built my summary around
this definition. I proved that Malik has
needs and he needed to contribute his portion.
I also presented an explication of all the court orders without adding
any personal narrative to sway the judge’s decision. I included all of the court orders in
chronological order. I called the
attorney when I did not understand wording “shared parenting,” “non-custodial
parent,” and “Dead Beat Parent Act of 1998.” She was kind. She explained them to me for free. Lastly, I found a rental advertisement for
Malik’s apartment building. I figured I
nailed him. This time he would pay child
support and I would still be able to keep my son.
On
February 15th I returned to court.
My consulting attorney told me to put in bold face any proof or narrative
that I wanted the judge to read. I
did. She also told me to provide proof
for everything I say in court. I entered
the judge’s courtroom with a binder of information: all court orders in
chronological order, copies of his rental properties, a copy of the Official
Transcript where he lied under oath, and an explication of the court
orders. I learned from prior hearings
that judges do not read the entire file.
That’s how Malik was able to deceive the other judge. My strategy was to kindly force the judge to
read all of the court orders. I began
using lawyer speak when I addressed the judge: “Your Honor, may I please direct
your attention to page 2 line 13….May I please kindly disagree and show Your
Honor where the defendant is not being truthful…According to N.J.S.A. which
outlines factors for child support, I base my need accordingly.” I felt proud.
Malik
hired an expensive attorney. In fact,
he’s listed as one of the most expensive lawyers in Essex County. I could not afford an attorney, but on that
day, I felt confident that I could win my case: get child support for my son
and remain primary custodial parent.
During the court proceeding, Malik was caught in several lies. When his lawyer tried to defend his client, I
used the strategy from my lawyer (match his words against court orders) and
disputed his claim. I poked holes in his
credibility. As a result, I maintain
custody of my son and get child support. When I showed the judge proof of his
rental properties, she told me that I could not submit information from Google
as it’s not always credible. I needed to
go to the County Clerk’s Office. While I
was happy that I was getting child support, I knew if I followed the suggestion
of the judge, it was possible to increase my child support. Of course Malik was upset that he had to pay
child support and of course he wrote the court for another hearing. He still wants custody and he is still trying
to get his child support payment reduced to zero dollars a week.
I decided to think like a
lawyer by doing a legal search deeds at Essex County, the county where he
purchased property. While there, I found
out that Malik was purposely underreporting his income because he owns over 1
MILLION dollars in investment properties.
He’s also taken out loans on his property amounting to more than
$750,000 cash. Now I have solid proof:
deeds to all of his properties and copies of his mortgage. Our new court date is April 26th. I plan on using this information to justify
an increase in child support.
Because
I have new information, I had to return to court to fill out another
application for the judge. “Hello, Ms.
Young. It’s you again.”
“Yes,
unfortunately it’s me again.” I’ve been
there so many times that they know my name.
“How may
I help you today?”
“I need
an application for modification and enforcement of two separate court
orders. Do I need two different applications
for that?”
“No, you
don’t. But you must have a copy of the
court order that you wish to enforce.”
“I
do. I also have proof that the defendant
has been underreporting his income to avoid paying a higher amount in child
support.”
“You
do? Let me see what you have.” I took out my documents and handed them to
him. “If you include this in your
application, the defendant will get a copy.
Do you want him to have a copy?”
“No. I will compose a Letter of Certification for
the judge. At said time, I will send the
defendant the same information through certified mail. Once I get confirmation that he’s received
aforementioned, I’ll enter the deeds and other supporting documentation to the
court.” I was so impressed by my
confidence. From just one session with
my lawyer, I was able to imitate the way she spoke.
“No
problem Ms. Young. I understand.” Not
only did I have Malik’s financial documents, I brought extra copies for the
clerk, I updated the explication of court orders and have solid proof showing
how duplicitous Malik has been in court proceedings. Now the application does not have blank
pages. All of the pages are neatly
filled out.
Even
though I did not win every court proceeding, I feel more confident in my
ability to present my ideas and read the various court applications for
court. I had to learn how to talk and
act like a lawyer in order for the judge and law clerk to take me
seriously. In the beginning, I didn’t
know how to fill out the application properly.
I was intimidated by all the foreign lawyer-like words: “appellant,”
“defendant,” “shared parenting,” “non-custodial parent,” or “Official Transcript.” I was also afraid that because Malik has more
money, a bigger house, and newer car that he had all the material trinkets to
suggest he was a better parent. However,
that was and is not true. Judges make
decisions in the best interest of the child.
I also learned that judges do not always read court orders and that if I
want the judge to really hear my case, I must be organized, have proof and
always be polite.
Since
learning how to speak and read Lawyer, I feel powerful. I learned how to present my ideas in court by
being organized, having irrefutable proof, and knowing how to respect the
status of judges by not interrupting him or her when he or she speaks and to
always address the bench with: “Your Honor.”
Unlike Malik, I did not have the money to hire one of the most expensive
lawyers in the state. Instead I researched the Internet, talked to friends who
were lawyers and used the strategy from my lawyer, use irrefutable evidence to
paint him as a liar, to help me present my ideas clearly. I have a new case in April before the same
judge who heard my case in February. I
feel confident that I’ll be able to save Malik by keeping him with me.