Michael M. Dedek
490 Shiloh Dr.
Dayton, OH 45415
937-275-1199

March 27, 2003

Monroe Country Prosecutor 238 West 7th St. Bloomington, IN 47404

Case Number: 0003259536

Re: Child Support

To: Pamela J. Sexton

Dear Pam,

I spoke with someone in your office on Tuesday, March 26th, and they suggested I write you explaining my situation. I want to assure you that I want to fulfill my responsibilities to my children to the best of my ability, not because they are ordered by the court, but because I am their father.

First of all, there is a discrepancy in a letter apparently generated by the State of Indiana regarding the total amount I am behind in court ordered payments. This is because spousal support in the amount of $450 semi-monthly was ordered during the legal separation, which ended September 29, 2000. The divorce decree did not include these payments, but they were never removed from the clerk of courts? record. Thus the letter (see enclosed copy labeled ?A?) from the state showing I owe $34,318 is in error. I received a letter signed by you personally (see enclosed copy labeled ?B?) which is more accurate; however, because my child support was deducted automatically from my paycheck until May 1, 2002, and it was a semi-monthly paycheck, approximately $1,200.00 that should have been credited to Child Support was erroneously applied to Spousal Support. Therefore, the total amount I owe, as of 2/28/03, is approximately $6,000. I will work on determining the exact amount, but I wanted to write you as soon as possible to preserve my rights to request an enforcement review (if that is the proper terminology).

Now, here are the details of my financial and health situation, which have direct bearing on my ability to pay child support as ordered. After several hospitalizations and 6 months? paid disability leave in 2001, I was diagnosed with bipolar type II disorder. This resulted in termination from my job of 13 years on about May 13, 2002. For the next 9 months, I had income of $331/week from State of Ohio Unemployment Compensation. I also withdrew all of my retirement savings from my IRA. I used this money to continue paying child support, as well as court ordered health insurance for my children and court ordered tuition, through September 2002. At that point, my savings was exhausted and I was only able to continue paying the health insurance and tuition, a total of $469.71/month, out of the $331/week I received from unemployment. Once my unemployment compensation ended in January 2003, I became unable to make even these payments, and my mother has made the tuition and health insurance payments for February, March, and part of April 2003 totaling $1,600.

I have a Social Security Disability Claim pending, and should hear the initial determination by June 30, 2003. The initial date of disability for this claim is May 13, 2002. If it is approved, I will receive a lump-sum retroactive payment, and be able to bring my child support up to date. I am also pursuing a private disability insurance claim, as I believe I was employed and insured when I became disabled. I am not positive, but I believe approval of the Social Security claim will include approval of Social Security payments to my children in an amount approximately 75% of the court ordered child support.

In the meantime I am living with my mother. I held one job for 3 days in the past 10 months. I have no income and no assets. I continue to seek employment, but my health has apparently kept me from obtaining any job except the one mentioned above, which paid $6.50/hour and from which I was fired after 3 days. I am prepared to submit documentation for everything in this letter, including W-2 forms, doctor?s statements, canceled checks, etc. I have no choice but to request a review of my support payment amount.

To conclude, I want to assure you that my children?s welfare concerns me greatly, and I recognize my responsibility in helping support them. The current situation troubles me, but I am doing what I feel is the best I can to return to a financial situation where I can provide that kind of support. In terms of emotional support, I remain in contact with my children by phone twice weekly and see them every other week, thanks to my mother who drives me from Dayton, Ohio to Bloomington to see them. I consider our relationship a good one. I hope that your office and I can work together for the best interest of my children. Please let me know what my next step should be in terms of handling the situation with the Monroe County Courts.

Thank you,

Michael Dedek