LiamsDad.orgU.S. Flag

Memorandum / Affidavit


In Chancery NO. 182927; 182928


In Re: Sveta Jagannathan, Lisa Jagannathan

CASE NO: JJ352771-01-01; JJ352762-01-01

Ron Jagannathan's Memorandum /Affidavit in support of Judge Gaylord Finch's recusal, to void orders and remand case: 182927, 182928 to Fairfax JDR Court as per 16.1-297 Code of Virginia.

Ron Jagannathan, Pro Se respectfully lists several abuse of descretions by Judge Gaylord Finch and list some of the errors with court orders obtained in his case in the last two years, and in support of his motion states:

On November 14th, 2004 Order (Exhibit 1), (Final Order for Child Custody, Visitation and Support) was a FINAL order and only the Support and Award costs issues were continued. Yet Judge Finch allowed the Child Custody and Visitation be modified over the next two and a half years several times without a 1) Change in circumstance, 2) and without a hearing and modified the Support order on September 10th, 2004 without a hearing. There were three modification of visitation orders entered, including on 16th of April, multiple orders were entered, one of them included Supervised visitation for which no motion was filed or hearing held.

See: A party seeking modification of a support award, whether of child or spousal support, or modification of custody has the burden to show a material change in circumstances warranting a modification of support. See Furr v. Furr, 13 Va. App. 479, 481, 413 S.E.2d 72, 73 (1992) and See MacNelly v. MacNelly, 17 Va. App. 427, 430, 437 S.E.2d 582, 584 (1993).

On April 16th 2004, (Exhibit 2) Mr. Jagannathan was jailed and ordered to pay $25,000 to the GAL. No motion was filed, Neither the GAL or Mr. Machen filed any motion to escrow $25,000 with the Guardian ad Litem. Yet, Judge Finch jailed Mr.Jagannathan and ordered to pay $25,000. This $25,000 was obtained in advance for future child support payments.

On June 9th, 2003, Judge Finch issued an order for an additional $25,000 to be deposited into the GAL's account. (This is in addition to the $25,000 already obtained a month earlier.)

On 30th July 2004, (Exhibit 3) at a status hearing, a support modification order was issued signed by Judge Finch on September 10th, 2004. There was no motion filed before the court for this "Support modification". No hearing held, No evidence was present. Ron Jagannathan was not questioned as a witness. Valeria Jagannathan was not present for this hearing.

There was NO MOTION FILED. THERE SHOULD HAVE BEEN NO ORDER ENTERED.Judge Finch's Order to award attorney fees of $5000.00 to Attorney Robert Machen was entertained at a status hearing without a motion being filed.

Judge Finch's Order to award attorney fees of $3380 in October 22, 2003 should not have been heard as the relief was asked for after the final hearing. (As outlined by Attorney Edward Culbertson in his Objections to that ruling.

Judge Finch's Order to impute income and award Spousal and unreasonable Child support was in error and contrary to the evidence Rajan Jagannathan had presented including IRS tax filings for 1998, 1999, 2001, 2002. Imputing an income based on Gross company earnings instead of Rajan Jagannathan's salary was is a flagrant violation and in error. It is not plausible to view company gross earnings as disposable earnings to Ron Jagannathan.

Ron presented evidence in the form of a cross motion to recalculate Support (Exhibit 4) where he outlined outrageous inflation of earnings including:(Page 3 line:10) Two entries in the first column are multiplied by 10, overstating payments by more than $14,000. A June 18th 2001 payment of $782.17 becomes $7820.00. and a August 10, 2001 payment of $795.70 is listed as $7957. In the second column, two November 3, 2001 payments, of $6,480 and $9,855 combine to create a additional payment stated for November 5, 2001, for $16,335. further.... Page 3, 4 of exhibit 4.... Two positive $7200 amounts, and two negative $7200 amounts result in a net of Zero. Yet Mr .Machen's memorandum turns this into THREE positive $7,200 figures, for an overstatement of $21,000.

Even with such examples of exaggeration, Judge Finch ruled to award Child and Spousal support based on an imputed income derived from the inflated company gross figures.

In the Last TEN (10) Years up to September 2003 (Circuit Court Child Custody, Support Hearing). Mr. Jagannathan has never been found to be in contempt of any court. He had had a marathon case in Texas from 1992 until 2000 and was never found in contempt by any Judge.

In the Fairfax JDR Court, Mr. Jagannathan was found to be a model parent based on the testimony of witnesses, Judge Grodner awarded him sole physical and Legal custody of his children Lisa Jagannathan (1 Year) and Sveta Jagannathan (2 Years). Mr. Jagannathan had been in front of these Judges who had no issues whatsover with Mr. Jagannathan, Honorable Judges Shell, Judge Daniels, Judge Maxfield, Judge Valentine, Judge Carr, Judge Grodner, Judge Kasabian had all had no issues with Mr. Jagannathan.

All that has changed after entering Judge Gaylord Finch's Court the last Two and a half Years. Judge Finch has found Mr. Jagannathan in civil contempt several times (Each and every issue was a financial issue). Each and every issue was beyond the means of Mr. Jagannathan to comply.

For example, Judge Finch must know that to order $60,345.00 money transaction between Northrop Grumman and Strategic Enterprise Technologies to be ordered transferred into the Guardian ad Litem's account was not possible for Ron Jagannathan to comply. Ron is a employee of Strategic Enterprise Technologies. He has a obligation to the IRS and the Commonwealth of Virginia and to his contractors to pay the taxes, the equipment and other expenses out of a contract. His Child Support payments are made from his earnings.

Judge Finch's order to turn over $60,345.00 and any future funds to Strategic Enterprise Technologies and hinder Ron Jagannathan's means of earning a living and running his company had the effect of creating non-compliance in a number of areas including Child Support in connection to the March 1, 2006 order.

Ron Jagannathan Pro Se Plaintiff

VSB No: Not yet available.

1520 Northgate Square # 22
Reston, VA 20190