Richard C. Kyanka v. Ashley K. Martin (2020) - Lowtax's second divorce

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she has a young and enthusiastic but possibly inexperienced free lawyer, we might not see that.
Probably not.
Looking at this nigga Laudermilk’s resume, it looks like he’s in his 40s, went to college starting in 1994, and got a Masters degree in anthropology of all things before going to law school in his late 30s. It’s not like he’s a fresh faced lawyer wanting to do good, it reads more like a slacker having a middle age crisis.
Probably more like this, sadly. Legal aid office is just as likely (maybe more likely) to be staffed with underperforming lawyers as with talented do-gooders.
 
Lol that's quite the speculation. Maybe the dude just didn't like what he was doing. Plenty of people change careers. If anything, it's harder to change your life course in your 30s, dude put some dedication in.
If anyone's familiar with Nick Rekieta, he's only been a lawyer for 4 years, and he's late thirties. Previously he was a banker. So getting into a profession relatively late isn't unheard of.

And in high school he was a cheerleader so you can just laugh at that.
 
Rage time: in ideal society, in ideal world, we really should have birthing licences. Because both mom and dad in this case are going to enjoy acting out their emotions with zero regard for their kids. Mommies especially. They might be on the receiving end of abuse but they often have Stockholm Syndrome-levels of tolerating it, because they end up dumping they fucking slimy emotional baggage on the kids.

Fucking pricks, both of them.
 
Information on case number 1916-FC11146 - RICHARD C KYANKA V ASHLEY K MARTIN has been added or updated. Please see the details below:

Docket Entries that have been made or updated on this case.
Filing DateDescriptionText *Last Activity Date
2/3/20 4:35 PMSuggestions in Opposition Respondents Opposition to Petitioners Emergency Motion for Temporary Custody; Electronic Filing Certificate of Service.2/4/20 8:52 AM
2/4/20 9:10 AMMotion Hearing Scheduled Hearing on Petitioner's Emergency Motion for Temporary Custody.2/4/20 9:12 AM
2/4/20 3:48 PMHearing Scheduled None entered at this time2/4/20 3:51 PM

Scheduled Court Event(s) in 2 days.
Scheduled EventScheduled DateScheduled TimeLocation
Hearing 02/06/20 8:30 AM DIVISION 2, Jackson - Independence
 
Information on case number 1916-FC11146 - RICHARD C KYANKA V ASHLEY K MARTIN has been added or updated. Please see the details below:

Docket Entries that have been made or updated on this case.
Filing DateDescriptionText *Last Activity Date
2/3/20 4:35 PMSuggestions in Opposition Respondents Opposition to Petitioners Emergency Motion for Temporary Custody; Electronic Filing Certificate of Service.2/4/20 8:52 AM
2/4/20 9:10 AMMotion Hearing Scheduled Hearing on Petitioner's Emergency Motion for Temporary Custody.2/4/20 9:12 AM
2/4/20 3:48 PMHearing Scheduled None entered at this time2/4/20 3:51 PM

Scheduled Court Event(s) in 2 days.
Scheduled EventScheduled DateScheduled TimeLocation
Hearing 02/06/208:30 AM DIVISION 2, Jackson - Independence
I guess we have to wait until the 18th for the emergency custody hearing. Bummer.
 
Anyone know how much Reiketa plans to cover this?

I dunno, but Nick has said several he's not a huge fan of family law. And, based on my own conversations with lawyers I know in the flesh, I don't particularly blame him. This, and certain probate cases, can be some of the most vicious and drawn out legal shit you've ever seen. And while many Kiwis might find plenty to laugh at, it becomes uncomfortable and depressing for some people to watch. Especially if you are in a healthy loving relationship and have kids of your own.

Also, @AnOminous touched on this somewhat, but it's been proven that women statistically have the upper hand in custody cases in the U.S.. As a baseline, I would put the odds in her favor. At least this early into it.

I would further agree with AnO that this "Superlawyer" shit is the gayest thing ever.
 
I dunno, but Nick has said several he's not a huge fan of family law. And, based on my own conversations with lawyers I know in the flesh, I don't particularly blame him. This, and certain probate cases, can be some of the most vicious and drawn out legal shit you've ever seen. And while many Kiwis might find plenty to laugh at, it becomes uncomfortable and depressing for some people to watch. Especially if you are in a healthy loving relationship and have kids of your own.

Also, @AnOminous touched on this somewhat, but it's been proven that women statistically have the upper hand in custody cases in the U.S.. As a baseline, I would put the odds in her favor. At least this early into it.

I would further agree with AnO that this "Superlawyer" shit is the gayest thing ever.
Family Law is a field that chews you up and spits you out. If you hear about someone shooting up a courthouse, it probably involved Family Law.
 
Family Law is a field that chews you up and spits you out. If you hear about someone shooting up a courthouse, it probably involved Family Law.

Yes. It can either go fairly easy if things are not contested too much (which obviously isn't going to be the case here), or the entire courtroom could be ankle deep in blood. Buckle up buckaroos.
 
Also, @AnOminous touched on this somewhat, but it's been proven that women statistically have the upper hand in custody cases in the U.S.. As a baseline, I would put the odds in her favor. At least this early into it.

I wouldn't overestimate the "just being a woman" thing by itself, but she's in a far better position, just from my eyeballing of it, just by already being the custodial parent and just NOT being Lowtax. He has a shit case, having basically abandoned the family for weeks to go fuck some whore who he then immediately installed in the family home.

If Ashley's lawyer can remotely present the case as it looks to us he's not going to win.

Also the court doesn't appear to be treating it as much of an emergency if they're not holding a hearing on it for another two weeks. That's because there is no emergency, LowT is just a mad ho. Hoes being mad doesn't make it an emergency. The wife is in a stable location and already has custody, and that's nine tenths of it. The court isn't just going to change that without a solid showing.

What the court is going to consider an emergency is Richard's non-support, and his abusive social media chimpouts. There is also no way depriving his own child of finances on purpose to keep her in a shelter is going to look anything other than shit, even with his snake lawyer.
 
I wouldn't overestimate the "just being a woman" thing by itself, but she's in a far better position, just from my eyeballing of it, just by already being the custodial parent and just NOT being Lowtax. He has a shit case, having basically abandoned the family for weeks to go fuck some whore who he then immediately installed in the family home.

If Ashley's lawyer can remotely present the case as it looks to us he's not going to win.

Also the court doesn't appear to be treating it as much of an emergency if they're not holding a hearing on it for another two weeks. That's because there is no emergency, LowT is just a mad ho. Hoes being mad doesn't make it an emergency. The wife is in a stable location and already has custody, and that's nine tenths of it. The court isn't just going to change that without a solid showing.

What the court is going to consider an emergency is Richard's non-support, and his abusive social media chimpouts. There is also no way depriving his own child of finances on purpose to keep her in a shelter is going to look anything other than shit, even with his snake lawyer.
From what I understand, clients generally come in a few qualities. Excellent, Good, Okay, Bad, and TERRIBLE. A good lawyer can generally bump up a client a single quality level. You can, in fact, shine a turd. Though only so far. In this case, he might be able to get Lowtax from "Terrible" to 'merely' bad. Which is up against his wife's "okay" at worst. All her lawyer has to do is prevent her from dropping to "bad".
 
From what I understand, clients generally come in a few qualities. Excellent, Good, Okay, Bad, and TERRIBLE.

I would say LowT is merely bad at this point. He hasn't murdered anyone, so far as we know, never actually physically abused anyone, and the court will probably have seen even worse people than him on a pretty routine basis, guys who routinely sent their ex to the hospital, that kind of shit. That said, his optics are even worse than his actual behavior.

I think we'll get an idea how the judge feels about the case on the first hearing day. For instance, if the very first thing that happens is a hugely lopsided custody order, a huge child support order, a restraining order, a shut the fuck up order for his social media chimpouts, or anything like that, the rest of the case probably isn't going his way either.

Family courts really hate it when one parent is trashing the other in front of the child or trying to alienate affections, and the fact that he installed his whore in the family home and then had her verbally use his ex in public, is going to look absolutely fucking terrible. I have no idea how LowT thinks his shitty behavior is going to look outside of his bubble of mentally ill fuckups on SA, but he looks like shit to a normal person, or to a family court judge.

It's hard to predict when he clearly has experienced counsel and Ashley doesn't, but I'm not seeing any really phenomenal wizardry that could be done to make him look less like a complete piece of shit.
 
I wouldn't overestimate the "just being a woman" thing by itself, but she's in a far better position, just from my eyeballing of it, just by already being the custodial parent and just NOT being Lowtax. He has a shit case, having basically abandoned the family for weeks to go fuck some whore who he then immediately installed in the family home.

I'm not saying it's a killshot, but my point here is that if both litigants had their moral character and parental fitness assessed as equal, Ashley's status as the biological mother would likely serve as tiebreaker. Even if the bias manifests on a subconscious level in the mind of the judge. There's been some pretty extensive studies done on this. Notably, if the child is young, the bond is often presumed to be greater with the mom (again, unless she sucks or there's evidence to the contrary).

Example:


However, in the instant case, you are right that Lowtax's drug abuse and general sliminess is gonna really tilt the scales against him. My gut tells me he's gonna need some really bad dirt on Ashley if he wants to pull this off.

And here we see why this is probably gonna get bloody.
 
However, in the instant case, you are right that Lowtax's drug abuse and general sliminess is gonna really tilt the scales against him. My gut tells me he's gonna need some really bad dirt on Ashley if he wants to pull this off.

And here we see why this is probably gonna get bloody.

Probably the least he'll do is try to claim she's as much of a druggie as he is, maybe try to prejudice the court with the "Lady Ambien" name and otherwise portray her as being basically about as bad as he is. I don't see that being very successful though because even if it's true, unlike him, she's somewhere she wouldn't be allowed to be a drugged up disaster anyway. Even in that situation the facts favor her. It seems much more likely she was already the primary caretaker before any of this happened.

About the only thing really in LowT's favor is he has more money and the court can fix that by fucking taking a bunch of it. There's also that he has the family home, but again, same deal, and the family home being his means he's in it, and maybe his whore who bad mouths the mother, which is going to weigh against him.
 
I would further agree with AnO that this "Superlawyer" shit is the gayest thing ever.
The superlolyer thing might work in the new guy's favor. Nick has mentioned a few times one of his first cases was against a seasoned prosecutor (I want to say at least a 20-year lawyer at that point) and he kicked her ass in court. He did it because he spent the time and effort researching case laws, loopholes, and the like.

Not everyone can be Rackets, but if the new guy zealously represents her and the superlolyer is full of himself and drooling over the crowdfunding dosh, it's not as bad as it looks.

Also, good to see you shitposting still.
 
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Will the court even make a ruling regarding custody until the snowspics immigration statues is less nebulous? I really don't see them granting sole custody to either maplewife or Lowtax, but would they even try to set up visitation rights when one party is not even supposed to be in the country right now, and may very well not be in the future? If somehow the leaf does get sole custody, how will that work if she has to go back to Canada but the kid's got no paperwork?
 
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Will the court even make a ruling regarding custody until the snowspics immigration statues is less nebulous? I really don't see them granting sole custody to either maplewife or Lowtax, but would they even try to set up visitation rights when one party is not even supposed to be in the country right now, and may very well not be in the future? If somehow the leaf does get sole custody, how will that work if she has to go back to Canada but the kid's got no paperwork?

He filed an order for emergency custody, claiming the child is somehow not being cared for in the shelter. There's an upcoming hearing on that and he's not getting it.

Contrary to popular belief, child support and custody does not have to wait until a divorce is finalized (I know this isn't what you were saying), but it won't happen immediately either. A support order could go thru before anything else due to the needs of the child and the current custodial parent. It's highly doubtful that Ashli will be deported with or without the child like Lowtax wants, and family court's job is to act for the best interests of the child, which usually is considered to be shared custody or mandated visitation in the very least. She's entered into a program to help women in her exact situation remedy their immigration status and I don't see anything standing in her way, "physical abuse" or no.

In Lowtax's case, he's not making a very good showing of being fit to care for any child for any length of time, and the fact that his other kids won't stay with him at all despite visitation orders will also weigh into that. If custody isn't shared then the amount of child support ordered is maximized. In all likelihood, she'll get the kid, legal status allowing her to work and live here if only because her daughter's piece of shit dad is here, child support and social programs to help pay for housing, child care (when she gets a job), medical and food benefits for both of them plus whatever LowT has to pay in child support.

This happens so fucking often that the courts have seen it all a million times and they see right through these guys' bullshit. Him accusing her of being on drugs won't work. Besides the fact that it's not very easy to acquire them in a shelter (though people manage), if she was a junkie she would have gone through withdrawals in the shelter and they know what that looks like. Some withdrawals, for popular drugs such as alcohol, benzos and opiates, require medical attention. You can't exactly hide that you're having them and a true junkie will manage to get ahold of whatever drugs and inevitably get caught.

The thing that LowT and his sycophant goons don't fucking understand is that if it weren't for the kid, Ashli wouldn't need to stay in a shelter. She'd have to find a way to get there, but she could just go home. A 10-year ban on entering the US isn't catastrophic if the only reason you were here was to get married to some asshole. She could get a couple hundred bucks from friends for a ticket home, crash with somebody and immediately get a job in Socialistville with the free universal healthcare, fair labor laws and a livable minimum wage.

Everything Ashli is doing is for the best interests of the child. Their daughter is a US citizen by birthright, she does not get dual citizenship without even more paperwork, money and headache, and her dad and other family (living grandparents, half-sisters and their mom, aunt, etc) are all here. The only reason Ashli is here is because of that kid, meanwhile Lowtax is doing, well, all the things he's told us everyone he's been doing and trying to claim he's the victim. He's not coming out looking very good.

To quote someone else, when you see a dispute like this, look at who still has everything and who has lost everything. It shouldn't be too hard to figure out who's the victim.
 
He filed an order for emergency custody, claiming the child is somehow not being cared for in the shelter. There's an upcoming hearing on that and he's not getting it.

Contrary to popular belief, child support and custody does not have to wait until a divorce is finalized (I know this isn't what you were saying), but it won't happen immediately either. A support order could go thru before anything else due to the needs of the child and the current custodial parent. It's highly doubtful that Ashli will be deported with or without the child like Lowtax wants, and family court's job is to act for the best interests of the child, which usually is considered to be shared custody or mandated visitation in the very least. She's entered into a program to help women in her exact situation remedy their immigration status and I don't see anything standing in her way, "physical abuse" or no.

In Lowtax's case, he's not making a very good showing of being fit to care for any child for any length of time, and the fact that his other kids won't stay with him at all despite visitation orders will also weigh into that. If custody isn't shared then the amount of child support ordered is maximized. In all likelihood, she'll get the kid, legal status allowing her to work and live here if only because her daughter's piece of shit dad is here, child support and social programs to help pay for housing, child care (when she gets a job), medical and food benefits for both of them plus whatever LowT has to pay in child support.

The program she's in will allow her to continue applying for a green card under the specific circumstances she's in, I dunno if she still needs a sponsor or not though. But from the point she was approved for that route of application - Lowtax is basically out of the equation on her immigration status from now on outside of the kid being a US citizen.

Usually the person sponsoring your immigration application is responsible for making sure you - the immigrant - don't claim for income support benefits or burden the taxpayer while you are in legal limbo and unable to work. Ashlii will have to claim those benefits to survive now - which is what Lowtax should of been preventing by sorting out her application.

So there's also that, the govt won't be impressed that he brought someone over and then as a husband failed without good reason to get her legal status sorted.
 
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