A pleade for Help

This story came in a form of a email. Please read her story.

Atty Lewin says paternity is sealed, Eric does not have much of a chance with the jury as a jury would see him like they see a child molester. Atty Lewin believes she cannot help him with child support and from the beginning tried to get other atty to take his case because she can’t represent him with child support. She believes Eric’s only chance is to take the plea and if he can give 5,000. dollars he can possibly get 1 year. She told Eric if he asks for another atty he may be indicted with federal charges. He is scared and confused he says she reads cases to him that has nothing to do with his predicament. He does not understand his charges and his lawyer gave him the motion documents for him to file his own child support motion to reduce child support.

She has requested many documents she says and I have given her stuff. Eric was working in NH Dunkin Donuts for approx. a year and paying almost all his check to child support in NH. Mass tried to tap in but the limit was already taken from his checks.



 

Eric is a contractor by trade but has not worked in that field due to loss of his license in 2002. He has not had an appt of his own since 2000. He has lived with family here and there and lived mostly on the street and with people who took him in.

Our family has suffered tremendous losses in the pass few years, In 2003 Eric’s son Tyler was lost during a divorce from his wife of 2 years. Her name was Leah and they divorced in a NH court (Judge allowed mother to take Tyler to Florida And stripped Eric of his parental rights).

Then my husband Dan, of 3 years, died of cancer in 2005, (Eric was very close to Dan, first true father figure).

2 months later my son Carl’s daughter was murdered by her step-father in Puerto Rico. Devastating to all of us!!

Her name is Chelsea Vilkisius she was10 years old. Jose her (step-father) MURDERED Amy his wife and tortured my granddaughter whom he left to die, August 9, 2005 in a Villa in the mountains of PR where he took them on Vacation and he planned to kill them all. He was charged with 5 attempts to murder her and then murder. She died bleeding to death after almost 8 hours. The family was from Methuen Mass. Jose was a felon who had robbed his company of thousands of dollars and was on strict probation. He went to court and asked the judge to take his family on vacation but forgot to mention he planned to kill them all.

Eric was very close to Chelsea as he lost his son Tyler and became very close to her. Chelsea was a wonderful little girl and if the Judge did not allow Jose to go to Puerto Rico this would have never happened. In court my son Carl had no say about his daughter going to PR because he and Amy never married.

Eric could never hold on to anything, home, his children, his life and/or his job. Emotionally he was completely unable to fight for anything and most of all he feared jail. Without a vehicle and a license could not work construction. When he called DOR to speak to someone they told him get a lawyer because there is a great chance he would go to jail if he did not have the money to pay. Eric had his children in NH and thought about going to jail but then no-one would get support.

Eric has suffered with depression, suicidal tendencies where he was hospitalized and many years of homelessness.

We all know including him that he did not make the best choices but what should the punishment be for his inability to deal with this appropriately and who should decide what is inappropriate? Are the courts fair in their charging him with a criminal act? The inability to pay due to having no ability to earn money is not a reason for the court to set child support at a unreasonable amount which he can’t afford. NH is taking way more out of his check than is allowed by federal law code 15 US 1673 for garnishment and allowed amounts. This catch 22 will never end!

Eric had never even had a speeding ticket. He was brought up with a large French family and two brothers. My son’s went to parochial schools, they were in sports and were never in trouble with the law.

************Eric meets Tara Joey’s mother: This relationship occurred @ the age of 22

Eric was 22 when he met Tara, he had a great job and was working for Dana wallboard in Tyngsboro Mass. Tara had left her high school sweetheart (JAY) and began dating Eric. About a year later Tara was pregnant. They were not getting along and Tara had shared she still loved Jay. Shortly after Joey was born Tara went back to Jay. Eric liked Jay he seemed to be a nice guy. Family was sad because we all loved Tara and her family. At one point Tara told Eric if he went for the paternity test, he would never see his son again.(embarrassment to her) Eric had been told that a paternity was necessary but Tara was very much against it. Eric believed her that Joey was his son and he loved him very much, did not want to loose him. Eric would never cause Tara any heartache or embarrassment either. So he never had the paternity test done.



Shortly after this Eric got into an accident were his leg was crushed from a motor cycle hitting him. He had major surgery on his leg. 3 surgeries in 4 months. During his last surgery, where they removed the pins I received a notice at my house for Eric to go to Court in Salem MASS. Eric left the hospital and drove to Salem mass to meet with a women who said she was from the welfare dept. and had papers for him to sign. He told her he just got out of the hospital and would not be returning to work until his leg was healed. She filed out a financial affidavit with the info from his last job, and told him he had to sign that. Eric did not know where she got the info from his job. She said he may go in front of the judge but the outcome would be the same he would have to sign this.

This is where the order comes from. Years later Eric began getting letters saying he owes thousands. The interest and the penalties were outrageous.

Tara was in school, she eventually married her high school sweetheart Jay who seems to be a very nice guy. They had a gorgeous little daughter. They have done a great job with my grandson Joey he is a wonderful intelligent compassionate human being. I am very proud of Joey as he suffered a lot himself when that happened to Chelsea because they were very close and spent much of their family visits together. They grew up together and truly loved each other. We have many pictures and great memories.

The family has always had Joey for family events, Christmas Eve every year of his life. Eric has been at Christmas every year because it is very special time for both of them. Joey is very close to all of us and has grown up to be a wonderful young man. Every time we see him he asks how his father is doing. Eric calls him on occasion and see’s him every Christmas Eve at my sisters in Nashua. My sister AnnMarie and my niece Jenifa often pick up Joey. Eric told me he called Joey on his birthday in January to wish him happy birthday. Prior to Eric loosing his right to drive he would pick up Joey every weekend. Then it became difficult as Eric would have to depend on others to pick him up and drop him off. Tara brought Joey to the Manchester mall once for Eric and Joey to spend time together. Tara and Jay have been invited at Christmas to my sisters and when we pick up Joey I talk to Tara, her daughter and her husband. I have gone into her house and I never felt that Tara wanted to put Eric in Jail . After Eric was arrested, my sister AnnMarie had picked up Joey for a visit and Tara asked Ann if the family was angry with her for doing this to Eric. At that time we thought it was to collect child support not abandonment of Joey. Ann told her she had to do what she had to do. Tara always tells me how Joey looks forward to the visits with his family. He gets very exited and can’t wait…….He will not visit his Father in jail as I’m sure Tara won’t allow it and I don’t believe my grandson knows what is really going on.

The last time I say Joey he told me he went on line to find out why the state does this to fathers. He has a cousin who is going through the same thing with child support and custody. Joey said if a father does not have the money how could they expect him to pay. Also he read online that fathers who are in construction are more likely NOT to get it reduced as the court will not reduce because they believe these guys work under the table. Joey asked why the state can do that if his father owes his mother the money?