Here is what has happened through the court system as a result of my divorce from my ex husband, Thomas P. Schmitz, SR., and ongoing disaster that is being allowed to occur through our court system.
December 2004 - divorce judgement; Judge Ryan awarded me child support , and monetary award. (consent order signed by ex for me to have full legal and physical custody of our 3 minor children)Money from sale of the marital home placed in Escrow in the Court - plenty to pay the monetary award and child support -
Mr. Schmitz appealed this judgement in May of 2005
No stay was issued for this order Mr. Schmitz used the appeal to avoid paying child support. There was a Contempt Hearing Scheduled for non-payment of child support on February 3, 2006 that hearing is continued until March 31, 2006 because of the pending appeal, NO. 02320.
Court of Special Appeals finally rendered decision on July 2006 - remanded back to Judge Ryan for final determination of monetary award and child support - The order upheld the original child support amount until the court made a different order. BUT STILL MR. SCHMITZ GETS AWAY WITHOUT PAYING!
Again, Contempt Hearing scheduled in October 2006. Child support Enforcement Agency attorney, Clarke Wisor, cancels it again. Says a judge wouldn't put Mr. Schmitz in jail for non-payment of child
Mr. Schmitz made a $200 payment on February 3 when he appeared for the Contempt Hearing Review.
Thomas P. Schmitz, Sr., is approximately $24,817.00 in arrears with the child support payments.
The Child Support Enforcement Agency has suspended Mr. Schmitz's license 3 times(August 2005 and again around November 2005, I believe, and most recently around the end of February 2006)
Mr. Schmitz and his attorney, Ellen Lee, requested the Child Support Enforcement Office in Rockville for his driver's license to be released and they gave it back to him all 3 times.
Finally, Mr. Schmitz's license suspended and Child Support Enforcement keeps his license suspended until he pays substantial amount. His license has been suspended since June 2006 and Mr. Schmitz is now using that as a reason he can't pay child support, but he tells my oldest son that he is paying someone to drive him around to work.
Child Support Enforcement has not ever DEMANDED NOR received any kind of substantial payment by Mr. Schmitz
March 10, 2006, there was a hearing because Mr. Schmitz was arrested in September for driving on his suspended license - HOWEVER,
Mr. Schmitz's attorney, Ellen Lee, misrepresented the child support enforcement office and convinced the Assistant States Attorney, Alan Bennet, Esquire to enter the disposition of Nolle Prosequi, and so Mr. Schmitz received no consequence for driving on a suspended license.
I have contacted via email and phone, Leslie Gradet, the Clerk of Court for the Court of Special Appeals to let her know all of this information, I've contacted Governor Ehrlich,Doug Gansler, States Attorney, and also contacted various ACF employees - all of whom did nothing to enforce the payment of child support.
June 6,2006 Tom Schmitz' license suspended again. June 7th arrested for driving on suspended license. October 3rd hearing Mr. Schmitz did not show up Warrant issued for failing to appear. Mr. Schmitz came in later in the day to speak to the Judge, and the Commissioner forgave the fact that Mr. Schmitz failed to appear and the Warrant was rescinded.
Child Support Enforcement filed for Motion to Release Funds (at that time, Child Support Arrears was about $19 - 20 thousand) which was signed by a judge and then vacated when my ex husband's lawyer, Ellen Lee went in to the Judge to say that there was a hearing on October 24 for this motion (at the time, she knew full well that she had already filed for a continuance, and there would NOT be a hearing that day) so the judge vacated the order, and still no child support
So how do they get him to pay? They won't - the don't care and neither does Tom Schmitz. He won't even call his children - he hasn't seen them since June because he refuses to ask a friend to take him somewhere to meet his children for dinner once a week. Shameful - very very sad
Ladies - BEWARE - he will try to entice you into thinking he is charming - he is NOT - believe me, he is NOT anywhere near charming - stay away - he is TROUBLE