STATE OF WISCONSIN CIRCUIT
In Re the Marriage of:
Petitioner, Purge Review and 02-FA-365
HONORABLE MARY K. WAGNER CIRCUIT JUDGE
March 26, 2004
Petitioner, Bernard Tocholke, appeared in person.
Respondent, Shereen Tocholke, appeared in person and by Attorney Thomas
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
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
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.
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
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.
* * * * *