Counter Motion for Temporary Relief
Respondent, Ted Jeczalik files this Counter Motion for Temporary Relief and states as follows:
1. The following children who are involved in this action have been born to the parties and were not adopted:
Name Date of Birth
Caroline Jeczalik September 9th, 1997
Paulina Jeczalik May 31, 2002
Lukasz Jeczalik August 4, 2003
Present Care for the Children2. At this time, the responsibility for the children is not being exercised solely by wife as she is involved in Child Abuse not allowing the children to see the father without any court order in violation of Florida Statue.
Request of Temporary Parental Responsibility
3. Wife is not fit and proper to assume sole parental responsibility for the minor children of the parties. Shared parental responsibility would be beneficial to the minor children of the parties because of the Wife's child abuse not allowing the children to see the father and parental alienation of the father by the Wife. The Wife's behavior which is abusive, violent, criminal in nature as she use the children as tools for her criminal acts of theft and submitting falls information against the Respondent in the court of law ( falls information against the respondent, Ted Jeczalik about not paying child support) is detrimental to the minor children.
The Wife erratic and unpredictable acts of criminal activities where she use the children as excuse for money extortion and other acts of crime, should be stopped as her crimes were submitted to the authorities:
Document ( Pasco County Sheriff's Investigation Case No. 12-16701 for Forgery and Theft of Anna Michalik ) and ( Pasco County Sheriff's Investigation Case No. 120940726 for Anna Michalik waste of marital property ( towed away Ted Jeczalik's Van ) and Anna Michalik Forgery of Ted Jeczalik's signature on notice to the insurance companies or others of representation and assignment form, Sinkhole Public Adjusting, LLC, Kenneth C. Thomas - President, dated 5-21-2010,
Anna Michalik has showed criminal activities and fraud used to obtain all marital property that she use exclusively since September 1, 2010. The Responded was a victim of Petitioner as Anna Michalik violence and criminal activities made Ted Jeczalik homeless and lowered means of earning money. Responded Ted Jeczalik can not cooperate in fraudulent and criminal activities of Petitioner Anna Michalik.
Another falls information submitted by Petitioner Anna Michalik about sporadic contact with the minor children by the Respondent / Husband is not true. It shows that children are being abuse by Petitioner. The respondent never stopped asking the Court to stop the Wife's child abuse as she does not allow the children to see the father. The respondent defends himself from falls accusations of the Wife without any lawyer to safe the children from the Wife's abuse.
For the few times the Respondent could used his family or friends to meet with the children, it was determine that Wife's child abuse is evident and case the children stress, heath problems and well being.
The Father has filed Counter Petition for Psychological Evaluation of the Wife and is trying to block any appointment of Guardian Ad Litem by separate motion as any Guardian Ad Litem would further alienate the children and causes the additional stress and health issues.
4. Husband request that abuse of children by the Wife is stopped and the children will be allow to see their father without any restriction or supervision.
5a. Husband requests that the Court order stop to Wife restrictions in communication between the children and the father giving the children their constitutional right to a parent and the right to live without abuse of their Mother.
5b. Husband requests that Wife does not receive any Custody of Minor Child by Extended Family.
Support of Children
6. Husband is contributing to the support of the minor children with regular child support payments where the Wife falsely accused him in the Court of law that she does not receive child support.
7. Anna Michalik purposely entered into stipulation to extort money from Ted Jeczalik and she had no true desire for any reconciliation with Ted Jeczalik.
Husband canceled in May 2011 Stipulation because of Anna Michalik violation of this stipulation and violence against Ted Jeczalik. Anna Michalik Reconciliation Contract, Agreement, Court Stipulation was Cancellation was submitted to Anna Michalik again on 7-7-2012. In Addition below motions were submitted to the court and Anna Michalik:
MOTION TO/FOR FRAUD AND RECONCILIATION AGREEMENT CANCELLATION dated 11-7-2011,
MOTION TO/FOR CANCELLATION AND INVALIDITY OF STIPULATION ON TEMPORARY RELIEF AND OTHER MATTERS dated 1-30-2012
MOTION TO/FOR CANCELLATION AND INVALIDITY OF STIPULATION ON TEMPORARY RELIEF AND OTHER MATTERS dated 3-21-2012
Above documents were submitted to the Honorable Court and to the Petitioner.
Anna Michalik violation of the stipulation was canceled before it became any order of the Court and Ted Jeczalik does not have any obligation to pay Anna Michalik $1500.00 especially when his income tax submitted to the court in 2012 does not allow to pay such amount for unspecified support to Anna Michalik.
8. The Husband has not not willfully and intentionally failed to pay the Wife as the Wife violated the Stipulation before any Court order. The Husband has filled Second Counter Motion for Contempt explaining another falls statement of the Wife in the Court of law where the Wife claims again she does not receive child support from the Husband and the Husband states regular child support payments. The petitioner falls information states that canceled stipulation was for child support.
9. Point 9 was missing in original Motion for Temporary Relief by the Petitioner.
10. Based on the income and assets of the Husband and with accordance with Florida Statues, the Husband submitted his income tax Statement to the Court in 2012 and it does not allow to pay the Wife additional child support in excess of any other amount especially amount from Stipulation that was violated by the Wife and it never became any Curt order as it was canceled before it became any Court order and does not give the Husband any obligation to pay more then his income does allow.
Support of Wife
11. Wife criminal activities against the Husband, using children as extortion tool and the use of all marital assets left the Husband homeless and made the Wife in possession of all marital assets and the Wife does not need any support from the Husband.
Wife bring constantly new falls information in her motions to the Court that leaves the Husband unable to work, defending himself without any lawyer therefore the Husband does not have any ability to pay any additional support to the Wife during the pendency of these proceedings.
12. The Husband has not not willfully and intentionally failed to pay the Wife as the Wife violated the Stipulation before any Court order. The Wife is involved in submitting falls information that she does not receive child support when in fact she receives child support on regular monthly payments and that was determined by the hearing Officer Barbara Gorain at hearing on November 8, 2011 when the Wife falls accusations again were submitted to the court.
13. Based on the income and assets of the Husband and with accordance with Florida Statues, the Husband submitted his income tax Statement to the Court in 2012 and it does not allow to pay the Wife additional spousal support or any other amount especially amount from Stipulation that was violated by the Wife and it never became any Curt order as it was canceled before it became any Court order and does not give the Husband any obligation to pay more then his income does allow.
Attorneys Fees and Cost
14. Husband has incurred substantial amount of loss in his income defending himself and the minor children from Wife's' abuse, violence, falls information and criminal activities.
Husband submitted income Tax Statement to the Court in 2012 that does not allow the Husband to pay any fees for his lawyer or Wife's lawyer whereas Wife is able to do so.
WHEREFORE, Respondent and Husband, Ted Jeczalik, respectfully requests that this Honorable Court:
A. Stop the Wife's Child Abuse by allowing the children to unrestricted contact with the their father at any time.
Does not allow temporary sole parental responsibility for the minor children of the parties to Wife, pursuant to the applicable Florida Statues.
B. Because of Wife's child abuse, none existing time sharing between the minor children of the parties will be stopped and time sharing will be ordered.
C. Order stop to restrictions in communication and contact between the children and their father.
Does not allow the Wife to further abuse the children by allowing any restrictions in communications or contact.
D. Does not award Wife any temporary support as she receives child support in regular, monthly payments.
E. Order the Wife to pay Husband losses in income when he defends himself and the children from abuse, violence and criminal activity of Wife.
Does not require Husband to contribute to Wife's lawyer fees and any related legal expenses and costs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished by mail
delivery to the persons listed below this 20 day of April, 2012.
Audrey A. Jefferis, Esquire
8138 Massachusetts Ave.,
New Port Richey, FL 34653
Tel. 727-845-6174, fax 727-848-3091
Attorney for Petitioner
Ted Jeczalik, Respondent / Husband
P.O. Box 248,
Port Richey, FL 34673
Telephone No. 727-641-6709,
Fax 866-395-0966, Email: email@example.com