STATE OF WISCONSIN CIRCUIT COURTKENOSHA COUNTY
In Re the Marriage of:
BERNARD TOCHOLKE,
Petitioner, Purge Review and 02-FA-365SHEREEN TOCHOLKE,
Respondent.HONORABLE MARY K. WAGNER CIRCUIT JUDGE
Branch 6
March 26, 2004
APPEARANCES:
Petitioner, Bernard Tocholke, appeared in person.
Respondent, Shereen Tocholke, appeared in person and by Attorney Thomas Anderson, Jr.
Wiesia Bullamore Court Reporter
I have edited out the jibber jabber to not waste your time reading it. If you want a complete transcript you can ask the courts for a complete copy of your own.
MR. ANDERSON: -Our position is is Mr. Tocholke continues to make a, what I would consider to be a less than token effort and almost a mockery of all of our court orders at this point in time given the fact that he's never really abided by them until--unless being threatened with the jail cell. And on two occasions when that has happened he has all of the sudden come up with thousands of dollars to come out from underneath it. The arrearages have flow built up in total to in excess of $7,000. Once again-
THE COURT: 11,000.
MR. ANDERSON: 11,000?
THE COURT: $11,141.90.
MR ANDERSON: The report Ira looking at--
THE COURT: What is the contempt order?
MR. ANDERSON: Six months.
THE COURT: With release for Huber only, right?
MR. ANDERSON: You know what? I didn't bring-- My whole file is this thick and I didn't bring the actual order from Commissioner Pious, so I - -
THE COURT: Well, I will give him Huber for work only.
MR. ANDERSON: Mr. Tocholke, I don't know if he's working. If you recall, he's a resident of the state of Minnesota.
THE COURT: Mr. Tocholke, what's your-- Do you have your 10 job searches per week for any time that you didn't pay the child support?
MR. TOCHOLKE: I have a job in Minnesota, meat cutting job. I make about $270 to $300 a week and I'm supporting two boys and myself on that, plus I'm making sixty dollars a week payments is what I'm trying to do. I tried getting into logging but the logging is all laid off right now due to spring break. I couldn't get a job in a month because they laid off everybody. Everybody's laid off until May. I have a position I could have after May. I tried getting back into business again. I've spent money on advertising. Nothing has come back yet. All I have is a ten dollar--
THE COURT: And you think that five kids should be able to support themselves on twelve dollars a week?
MR. TOCHOLKE: 60.
THE COURT: Five kids. That's sixty dollars is twelve dollars apiece. It's a little more than a dollar a day to feed them and house them and cloth them per child.
The Court's going to lift the stay and order his commitment for six months, finds that he has not complied with the Court's orders of 10 job searches per week for every week that he didn't pay his child support, and he has not complied with the payment of the child support order.
MR. TOCHOLKE: Can I take my van off the road and take it back to AMCCU, because I have to take the vehicle back. It's going to be repossessed. I have to get i or the road or they'll call a tow truck. I'm willing to walk right into jail. I don't care.
THE COURT: Okay with me.
MR. TOCHOLKE: I've just got to get my vehicle off the road. I'm in two hour parking.
THE COURT: Take your vehicle off the road and then drive over to the jail and tell them that you've been committed for six months for contempt of court for child support.
MR. TOCHOLKE: Sure.
THE COURT: And you have to be there by two o'clock this afternoon.
MR. TOCHOLKE: Yeah, sure. Couple hours. MR. ANDERSON: The only other thing that I'd request, Your Honor, is Mr. Tocholke's in jail, there's two children that are sitting up in the state of Minnesota at this point without a parental care giver.
THE COURT: His parents are up there so I'm sure that they won't be--- I mean, they're 16 or so, aren't they?
MR. TOCHOLKE: They're 17 and 16. MR. ANDERSON: One is going to be 18 in a matter of months.
THE COURT: I'm not really worried that they're so childlike that they can't take care of themselves. I think they're probably pretty big kids and capable probably. And your parents are there, right?
MR. TOCHOLKE: My dad. My dad is there. My mom died two years ago.
THE COURT: Okay. So, I mean, you don't want me to call Child Services in Minnesota?
MR. TOCHOLKE: No.
THE COURT: You don't need that.
MR. TOCHOLKE: No.
THE COURT: They'll be okay.
MR. TOCHOLKE: They'll be fine. Do they get any support from Shereen while I'm in jail?
THE COURT: No. How could she pay support for them when you don't pay her any support for five?
MR. TOCHOLKE: She's got a college education.
THE COURT: We know all that argument. Okay. You can go take your car and come back and go right over to the jail. Okay?
MR. TOCHOLKE: Okay.
THE COURT: Before 2:00.
MR. TOCHOLKE: Sure. Thank you.
* * * * *
(Proceedings concluded.)
