Filing 111127640 E-Filed 07/31/2020 05:06: 17 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA FAMILY DIVISION CASE NO.: 2017-016674 FC 04 IN RE: THE MATTER OF J.M., a/k/a JASON MILLER, Petitioner/Father, v. A.J.D., a/k/a ARLENE J. DELGADO, Respondent/Mother. VERIFIED URGENT FOR ORDER TO SHOW CAUSE FOR INDIRECT CRIMINAL CONTEMPT AND FOR COURT TO APPLY CRIMINAL RULES OF PROCEDURE (REGARDING JULY 22, 2020 ORDER) Respondent/Mother, A.J.D., a/k/a ARLENE J. DELGADO, by and through her undersigned counsel, hereby ?les this Veri?ed Urgent Motion for Order to Show Cause for Indirect Criminal Contempt and for Court to Apply Criminal Rules of Procedure, and in support thereof states: 1. This is a paternity case. 2. In November 2019, the Petitioner/Father inexplicably and without reason stopped making the temporary child support payment (which is $3,167 through trial).1 1 The amount calculated is based on standard Florida child support guidelines and is a number that is quite generous to the Father. It used Father?s income and imputed $60,000 annual income to the Mother, even though the Mother was and remains unemployed. Miller v. Delgado Case No.: 2017-016674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order 3. The Mother diligently filed a Motion to enforce the temporary child support, in January 2020. 4. The Mother attempted to have her Motion heard on January 24, 2020, as the parties were already present in Court. The Father refused. The Court then offered to hear the matter on February 18, 2020, as the parties would already be before the Court on another motion that day. The Father claimed his forensic expert was ?unavailable?, even though only legal argument was necessary as the only relevant argument, per both parties? admission, was whether an agreement in fact existed. The Court then set the matter for February The Father again claimed his forensic expert was ?unavailable.? 5. This was now four straight months of the Father not paying the temporary child support, all while making extremely high levels of income in January 2020, the Father?s net income was nearly $60,000 for that month). The Father was sending $500 per month in child support to the child usually the day before of a hearing. (For instance and this occurred several times, the Father sent $500 for January-support on January 22nd, the morning of a January 22nd afternoon hearing). 6. The Court then set the matter for be heard on March 4, 2020. When, the day prior to the hearing, the Hearing Of?cer had a family emergency, the Court, apologetic for the regrettable cancellation, offered to reset it for nearly any other day in March. Outrageously, the Father?s counsel claimed he was ?unavailable? the entire month (even though no Notice of Unavailability had been ?led or ever would be ?led), and no reason was given. Miller v. Delgado Case No.: 2017-016674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order 7. The Court then ?nally set the matter for April 2, 2020, at which the Mother?s motion for enforcement of temporary child support was ?nally heard (four months after she had ?led the Motion and six months after the Father ceased paying). Below is a table of the Father?s early 2020 support payments, at the time the matter was initially heard in April: Month Father?s Net Mother's Net Child Support Sent by Income Income Father and Date Sent January 2020 $56,667 at $0 $500 (late, on January least February $33,333 at $0 $500 (late, February 14th) 2020 least March 2020 $33,333 at $0 $500 (late, on March least April 2020 $65,000 at $0 $500 (late on April least 8. After hearing argument and evidence from both sides, the Hearing Of?cer issued a Recommended Report on April which was rati?ed by Hon. Judge Shapiro on April ?nding the Mother was correct; there was indeed an on- the-record agreement to pay $3,167 in temporary child support; and the Father must abide as well as pay de?cits, by April 16, 2020. 9. Yet, on April 16, 2020, the Father refused to make the payment. Instead, two weeks later, he ?led a Motion to Vacate the rati?ed Order, seeking to undo the April 9"?lApril 22"? Order. The Father then, claiming that the Motion to Vacate tolled the Order, continued sending only $500 each month. 10. Plan A: stop paying the child support and then delay/thwart/avoid the setting of the Mother?s motion for hearing as long as possible, which helped enable six Miller v. Delgado Case No.: 2017-016674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order months of non-payment. But that could only last so long -- the Motion was ultimately heard April Thus, upon when the Mother ?nally obtained a ruling ordering the support paid to the child, Plan was now deployed: delay again -- this time by ?ling a Motion to Vacate the Hearing Of?cer?s recommended report, even though it has no chance of prevailing. 11. Plan was then also deployed in addition to delaying by ?ling the Motion to Vacate, also delay the setting of his own Motion to Vacate as long as possible, in order to keep the April Order in ?limbo? as long as possible. The Father made no effort to have his Motion to Vacate heard, despite the Father seeking to set other motions for hearing. 12. After the Mother brought this to the Court?s attention, and over two months after the Order was rati?ed, the Court ?nally heard and denied Father?s Motion to Vacate on June 25, 2020. (The Court entered the Order Denying Father?s Motion to Vacate Hearing Of?cer?s Report on July 13. A very long nine months after the Father had ceased paying the temporary child support, and a staggering seven months after she ?led her initial motion to enforce the temporary child support (January 2020), the child would, it appeared, ?nally be made whole on the temporary child support of which the Father had robbed him. 14. Yet, the child still would not be. The Mother was sorely mistaken to assume the Father would ?nally obey a Court order on child support. Same as he ignored the April 9*h Order from Hearing Officer Mendez-Locke commanding Miller v. Delgado Case No.: 2017-016674 FC 04 Mothers Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order payment by April and same as he ignored the April 22"d Order from Hon. Judge Shapiro, the Father now also ignored Hon. Judge Holden?s July 10?? Order. 15. Delay-tactic Plan was deployed, in which the Father and his counsel now feigned ignorance as to what Hon. Judge Holden?s July 10th Order required and made no payment. 16. The Mother was forced to file yet another motion (this would be the third motion for enforcement of the temporary child support in 2020 alone) on July 19*, entitled Mother's Emergency Renewed Motion for Immediate Enforcement of Temporary Child Support Payments, As Per April 22'? Order and Motion for Sanctions. This was heard on July At conclusion of the hearing, the Judge ruled in the Mother?s favor and ordered the past due amounts paid, within three weeks. 17. On July this Court issued its formalized July 9th ?ndings in a written Order, granting the Mother?s motion. gee Order Granting Mother?s Emergency Renewed Motion for Immediate Enforcement of Temporary Child Support Payments, As Per April 22'? Order and Motion for Sanctions attached herein as Exhibit 18. Hon. Peter Holden commanded the Father to $11,794.00 (the amount the Father underpaid through the April order) as well as any other underpaid amounts since then any amounts he owed for May, June, and July child support), by or before July The Court generously gave the Father a full three weeks to make the payment. A screenshot of the relevant paragraphs re?ects as follows: Miller v. Delgado Case No.: 2017-016674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order 6. The Father is to pay the amounts past due at the time of the Order and due in accordance with the Order. Those amounts are as follows: the deficit of the underpaid child support through the time of the April Order, which is $11,794.00 and the de?cit for any other underpaid amounts since then. 7. The Father is to continue to pay the $3,167.00 child support, in accordance with the April 2020 Order. 8. The Father is to pay the deficit amounts, in full, within 21 days of the date of the hearing (on or by July 30, 2020), via wire to the Mother?s account. Exhibit at page 2. 19. Yet July 30th came and went and the Father refused to make the payment, in flagrant violation of Hon. Judge Holden?s explicit commands. 20. It appears that the Father feels Hon. Judge Holden?s orders are merely suggestions that he is free to disregard. 21. This is the fourth consecutive Order from a judicial of?cer, on the very same issue (temporary child support), in a mere four months, that the Father has ?agrantly ignored. 22. The Father clearly feels this Court has no power over him and is beneath him. The Father demonstrates no respect for this Court or Hon. Judge Holden. As just one example of such, whilst the Mother has attended hearings despite caring for a toddler simultaneously -- and even diligent tried to ?x her old computer?s webcam to appear visually so that she can fully be present for Hon. Judge Holden -- out of sheer respect for Hon. Judge Holden, in contrast the Father has yet to appear, even Miller v. Delgado Case No.: 2017-016674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order by phone, on a single hearing out of ?ve or six hearings/conference calls that have already taken place on this case before Hon. Judge Holden. 23. The Father?s level of ?agrant dismissal of this Court?s orders one after another and simply ignoring judicial commands, shocks the conscience. 24. Simply paying the amount will not suf?ce here and should not suf?ce here to spare the Father. The bad faith conduct is of such an outrageous level as to demand incarceration. Moreover, the harm to the child caused by the violation of the Order is inexcusable and cannot be remedied merely by ultimately relenting and paying the amount that was due. Otherwise, why would any litigant comply with any Order if ?all can be forgiven? by merely paying at the 11?h hour to avoid incarceration? Would not all devious litigants take advantage of this ?delayed payments, no penalties, no consequences? Iayaway-plan on child support? 25. As a result of the foregoing, the Mother respectfully requests this Court enter an Order directed to the Father, JASON MILLER, requiring him to appear before the Court to show cause why he should not be held in indirect criminal contempt for his willful violation of this Court?s order. The Mother requests that the Court set an arraignment date, afford the Father, JASON MILLER, all of the due process protections afforded him, appoint a special prosecutor and schedule a trial on the instant motion. A proposed Order to Show Cause is attached hereto as Exhibit 26. Father?s actions have clearly necessitated the preparation and ?ling of this Motion. As a result, all fees and costs associated with same should be taxed against the Father. Miller v. Delgado Case No.: 2017-016674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order WHEREFORE the Respondent/Mother prays this Court grant the within Motion and grant the relief sought herein. Under penalties of perjury, I declare that I have read the foregoing Verified Motion for Order to Show Cause for Indirect Criminal Contempt and for Court to Apply Criminal Rules of Procedure and that the facts stated in it are true. Arlene Delgado Respectfully submitted, EGOAVIL KLUG SALAS VELOSO PLLC Attorneys for Respondent/Mother Arlene J. Delgado 8105 NW. 155th Street Miami Lakes, Florida 33016 Telephone: (305) 818?9993 Facsimile: (305) 818?9997 Email: Iveloso@eksvleqal.com Laline Concepcion-Veloso Florida Bar No. 179700 Miller v. Delgado Case No.: 2017-0163674 FC 04 Mother?s Veri?ed Urgent Motion for Order to Show Cause For Indirect Criminal Contempt Regarding July 22, 2020 Order CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by e-mail through Florida Courts E?Filing Portal on July 31, 2020, to: Sandy T. Fox, P.A., Attorney for the Petitioner/Father, 2750 NE 185 Street, Suite 302, Aventura, Florida 33180. Laline ConcepcionLVeloso Filing 110630500 E-Filed 07/22/2020 02: 18:53 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2017-016674-FC-O4 SECTION: FC19 JUDGE: Peter Holden Petitioner(s) vs. D, A Respondent(s) ORDER GRANTING EMERGENCY RENEWED MOTION FOR ENFORCEMENT OF TEMPORARY CHILD SUPPORT PAYMENTS PER APRIL 22ND ORDER AND MOTION FOR SAN CTION THIS CAUSE having come before the this Court on the 9th day of July 2020, for hearing on the Mother's Emergency Renewed Motion for Enforcement of Temporary Child Support Payments Per April 22, 2020 Order and Motion for Sanctions ?led on July 1, 2020, and the Court having reviewed the court ?le, heard the argument of counsel, reviewed the ?lings and case law presented, in light of all the evidence in the case and being otherwise duly and fully advised in the premises, it is thereupon ORDERED as follows: 1. Mother?s Emergency Renewed Motion for Enforcement of Temporary Child Support Payments Per April 22, 2020, Order and Motion for Sanctions is hereby GRANTED. 2. A Recommended Order by the Hearing Officer, Gina Mendez-Locke, dated April 9th, 2020, enforced the temporary child support payment of $3,167.00. This Order was then ratified and each recommendation was adopted by Hon. Judge Shapiro Case No: 2017-016674-FC-04 Page 1 of 4 Edgar on April 22, 2020. 3. The Father then ?led a Motion to Vacate the Order on the Hearing Of?cer's Report, which was heard and denied by this Court on June 25, 2020. 4. The Father filed a Motion to Reduce Temporary Child Support on April 14, 2020. The mere filing of a motion does not stay or render moot existing Court orders. A future hearing will be scheduled to address the Fathers motion to reduce temporary child support. 5. The April 22, 2020 Order is an existing Court order in effect and existing Court orders must be abided. The Order found amounts were past due and that the agreement was enforced and ongoing until Court order states othenrvise. 6. The Father is to pay the amounts past due at the time of the Order and due in accordance with the Order. Those amounts are as follows: the deficit of the underpaid child support through the time of the April Order, which is $11,794.00 and the de?cit for any other underpaid amounts since then. 7. The Father is to continue to pay the $3,167.00 child support, in accordance with the April 2020 Order. 8. The Father is to pay the de?cit amounts, in full, within 21 days of the date of the hearing (on or by July 30, 2020), via wire to the Mother?s account. 9. The Court retains and reserves jurisdiction of this case for the purpose of enforcing and modifying the terms of this Order and entering further Orders as may be necessary. Case No: 2017-016674-FC-04 Page 2 of 4 DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 22nd day of July, 2020. 07-22-2020 2:07 PM Hon. Peter Holden CIRCUIT COURT JUDGE Electronically Signed Final Order (Other) Final Order as to All Parties (Other) THE COURT DISMISSES THIS CASE AGAINST ANY PARTY NOT LISTED IN THIS FINAL ORDER OR PREVIOUS THIS CASE IS CLOSED AS TO ALL PARTIES. Electronically Served: A.J.D. a/k/a Arlene J. Delgado, adelgado@post.harvard.edu Alexandra Pichardo, Judicial Assistant, Ana Martin-Lavielle, Esq., ana@pam11aw.com Ana Martin-Lavielle, Esq., christy@pamllaw.com Ana-Maria Mejer Esq., anamej er@pamllaw.com Ana-Maria Mej er Esq., maday@pamllaw.com Ana-Maria Mejer Esq., alina@pamllaw.com Anthony B. Schram, schramlaw@me.com Arlene Delgado, Arlene J. Delgado, ajdelgado@outlook.com. Christina Macrobert?Ruiz, christy@pamllaw.com Dennis Kainen, Dennis Kainen, Evan Marks, info@marksandwest.com Evan Marks, emarks@marksandwest.com Evan Marks, marksandwest@gmail.com Gina Mendez-Locke, l.?courts.org Honorable Bernard S. Shapiro, l.?couits.org Honorable Chief Judge Bertila Soto, l.?courts.org Case No: 2017-016674-FC-04 Page 3 of 4 Honorable Ivonne Cuesta, 1 1thF C01@jud1 1.?courts.org Honorable Judge Peter Holden, Honorable Valerie Manno Schurr, 11fcl7@jud1 1.?courts.org Honorable Valerie R. Manno Schurr, Jason Miller, jason2034@yahoo.com John H. Snyder, Judge George A. Sarduy, Judge Ivonne Cuesta, Kathleen Suzanne Phang, katie@katiephang.com Kathleen Suzanne Phang, linda@katiephang.com Kathleen Suzanne Phang, service@katiephang.com Kenneth G. Turkel, kturkel@bajocuva.com Kenneth G. Turkel, kturkel@bajocuva.com Kenneth G. Turkel, lisa.meriwether@bajocuva.com Kenneth G. Turkel, teri.deleo@bajocuva.com Laline Concepcion-Veloso, lveloso@lcvlaw.com Laline Concepcion-Veloso, lcvparalegal@yahoo.com Philip Schechter, PShechter@seforensics.com Richard A. Schurr, Sandra Hoyos?Mejia, shoyos@hoyosmejialaw.com Sandra Hoyos-Mejia, j.villasante@hoyosmejialaw.com Sandra Hoyos?Mejia, hoyosmejialaw@gmail.com Sandy T. Fox, Sandy T. Fox, Sarah I. Zabel, Esquire, sz@mazeresolutions.com Shane B. Vogt, svogt@bajocuva.com Shane B. Vogt, shane.vogt@bajocuva.com Shane B. Vogt, gamold@bajocuva.com SunTrust Bank, nellie.robinson@suntrust.com Vivian Maria Reyes, vivian@vivianreyeslaw.com Zachary P. Hyman, zhyman@bergersingerman.com Zachary P. Hyman, vhorne@bergersingerman.com Zachary P. Hyman, drt@bergersingerman.com Physically Served: Case No: 2017-016674-FC-04 Page 4 of 4 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA FAMILY DIVISION CASE NO.: 2017-016674 FC 04 IN RE: THE MATTER OF J.M., a/k/a JASON MILLER, Petitioner/Father, v. A.J.D., a/k/a ARLENE J. DELGADO, Respondent/Mother. ORDER TO SHOW CAUSE FOR INDIRECT CRIMINAL CONTEMPT PURSUANT TO FLA. R. CRIM. P. 3.840(a! THIS CAUSE, having come before the Court, on Mother?s Veri?ed Urgent Motion for Order to Show Cause for Indirect Criminal Contempt and for Court to Apply Criminal Rules of Procedure, dated July 31, 2020, and the Court being fully advised in the premises and pursuant to Florida Rules of Criminal Procedure 3.830 and relevant case law, hereupon, IT IS FOUND, ORDERED, AND ADJUDGED: 1. The Petitioner/Father, JASON MILLER, shall appear before this Court in person for purpose of his Arraignment pursuant to Florida Rule of Criminal Procedure before the Honorable Peter Holden, in the 11th Judicial Circuit Court, Miami- Dade County, Florida, Lawson E. Thomas Courthouse, 175 NW 1st Avenue, Miami, Florida 33128 on the day of 2020 at a.m.lp.m. (Due to COVID-19, said appearance may take place via ZOOM, at the Court?s discretion.) 2. The Court at the time of the arraignment shall make proper inquiry as to whether the Petitioner/Father, pursuant to Florida law, quali?es for appointed counsel to represent him in these proceedings. 3. The Court ?nds that the Respondent/Mother ?led a requisite sworn statement pursuant to Florida Rules of Criminal Procedure 3.840(a) and further the Petitioner/Father is hereby placed on notice pursuant to said Rule and the due process clause of the 14th Amendment that he must answer the Respondent/Mother?s allegations as follows: 154,199va Miller v. Delgado Case No.: 2017-016674 FC 04 a. On July this Court issued Order Granting Mother?s Emergency Renewed Motion for Immediate Enforcement of Temporary Child Support Payments, As Per April 22?? Order and Motion for Sanctions; b. this Court commanded the Father to $11,794.00 (the amount the Father underpaid through the April order) as well as any other underpaid amounts since then, by or before July 30th via wire to the Mother?s account; 0. The Father willfully disregarded the Order by refusing to abide by the Order?s commanded payment. 4. The Court, pursuant to Florida Rule of Criminal Procedure 3. does does not ?nd the Petitioner/Father Is able to afford counsel to defend him in this proceeding. If the Court has found the Petitioner/Father unable to afford counsel it appoints to assist the Court in this matter whose role shall include, but not be limited to, the introduction of evidence, taking of testimony, examination, engaging in discovery, serving of subpoenas, presenting legal argument, and assisting in the orderly ?ow of the proceedings as the Court directs. 5. The Court, pursuant to Florida Rule of Criminal Procedure 3.840(d) hereby appoints to prosecute this Order to Show Cause and to assist the Court in this matter whose role shall include, but not be limited to, the introduction of evidence, taking of testimony, examination, engaging in discovery, serving of subpoenas, presenting legal argument, and assisting in the orderly ?ow of the proceedings as the Court directs. 6. The Petitioner/Father shall appear before this Court on of 2020 at a. m. lp. m. to show cause why he should not be held in indirect criminal contempt for his intentional and willful violation of this Court?s order. 7. The Petitioner/Father is hereby placed on notice that at the time of the indirect criminal contempt hearing on this matter, if the Court determines that he is in indirect criminal contempt, the Court may impose as punishment sanctions including a sentence of incarceration as provided by law. FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD. DONE AND ORDERED in Miami. Miami-Dade County, Florida on this day of 2020. Honorable Peter Holden Circuit Court Judge Copies furnished to: Sandy T. Fox, P.A., Counsel for the Petitioner/Father Laline Concepcion-Veloso, P.A., Counsel for the Respondent/Mother