In family court, complete financial documentation is essential for accurate child support determinations, regardless of a parent's emotional sacrifices or involvement; courts require verified income records, bank statements, and expense documentation to make fair rulings, as demonstrated when a military father's emotional testimony about his sacrifices was insufficient without proper financial disclosures.
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Dad Pays 7 Months of Child Support — Mom Still Wants MORE :本站添加:
Attorney Lark, so attorney Lark and Mr. Gray, you all are going to be given 30 minutes per side that will include any include any opening and closement closing statements. Whoa, I'm getting tongue twisted. That will include any opening and closing statements should you all choose to make one. Mr. Gray, I know that you're represent This child support hearing starts like a routine financial dispute.
But within minutes, it turns into something much deeper. A military father representing himself walks into court fighting to prove he's more than just a paycheck. He says he's sacrificed nearly everything.
His time, health, career, and finances just to stay involved in his daughter's life. But opposing counsel isn't buying the emotional argument. Missing financial records, objections flying across the courtroom, accusations of non-compliance, and a judge caught between legal procedure and raw emotion.
This case quickly becomes a battle over one question.
How much does being a present parent really count in family court? And trust us, the emotional breakdown near the end changes the entire tone of this hearing.
yourself, so you're held to the same standard as an attorney in terms of making your objections.
Attorney Lark may make objections, and when you hear her say the word objection, you just stop speaking and wait for me to make a ruling on it, okay?
Okay, I understand. All right, and attorney Lark is going to go first.
She's going to call any witnesses that Ms. Cole may have. After you hear her say that she rest, then it'll be your opportunity to present your case and let me know anything that you would like for me to know. But attorney Lark does have the ability to call you as one of her witnesses, okay?
Understood. Okay. Attorney Lark, would you like to make an opening statement at this time? No, Your Honor. All right, Mr. Gray.
Uh Your Honor, um I um an am a active and a loving father to my daughter.
I have voluntarily taken actions to to financially contribute to my daughter's current and future well-being before we ever entered into the court order or a custody custody agreement, child support order, any of those things. Um, I established um, a 529 plan when my child was an infant and I've made 98% of those contributions to that fund. I have transferred over some of my um, my GI Bill GI Bill benefits for education continued education as I'm a service member and I have continued my service so that my child can receive the benefits from the sacrifices that I make as a service member.
And also, Miss Cole has received um, an additional 20 20 installments of child support payments from a period of time when I was working job where I was trying to make sure that I could financially afford to provide the particular type of experience my child deserve when it came to the summer time visitations.
And to in order for me to regularly travel to Dallas from wherever I was stationed outside of Texas for my for me to be present for regular activities that she would be in whether it be dance or academics or any other thing that I could be there for holidays.
So, I worked a second job and Miss Cole was receiving payments that total was nearly $6,000 at $5,924.25.
So, I am ahead the equivalent of 7 months on child support installments or child support payments from in that duration. Um the other part to that is I would like to at some point or I am requesting consideration of travel arrangements. Currently, I live 2,000 miles away. I live in the in Virginia state.
Um so, I regularly travel to Dallas.
Um it's at a rate of five to six times a year regularly.
And those expenses on top of what I already pay and contribute to my child's future, um I would ask that those things be taken into consideration.
Thank you, Mr. Gray. Does that conclude your opening statement?
Yes, Your Honor. Thank you. Attorney Lark, you may call your first witness.
I'm going to call Mr. Gray. All right.
Mr. Gray, you're on the witness stand.
Attorney Lark, you may proceed. Thank you, Your Honor. Can you tell the court your first your full name?
Rashawn Gray. Okay. And you have one child who is Bailey Gray, correct?
Yes.
And how old is Bailey?
9 years old.
Okay. And you currently are Do you work for the military?
Yes. And how many years have you been in the served in the military?
17 years. Okay. And you also talked about a second job that you had. When did you have a second job?
Um in 2023 to 2024.
And I'm going to show you what's marked as petitioner's exhibit P2. I'm going to share my screen. Yes. You all both of you may share your screens. Okay. Thank you, Your Honor.
Can you all see that? This pay scale?
Yes. Okay.
>> Could you enlarge it? Yes, I'm sorry. I just want to make sure we see it first and then Mr. Gray, you said What's your rank in the military?
I'm a E-7 according to the scale.
And so E7 with over 16 years you say you've been 17 years, your base pay would be about $6,000 per month, is that correct? Correct. Okay.
And you also get additional money on top of that, correct?
What do you mean?
>> Do you get additional money for BAH?
Yes, for housing, yes. Okay. And you live off post, correct?
Yes, I do. And you receive that BAH based on the cost of living in Virginia, correct?
Correct. Okay.
>> [clears throat] >> Um and is Bailey as she listed as your dependent?
She is. Okay. And you provide medical and dental insurance for Bailey?
Yes, I do. Okay. And your honor, I'm going to give me a second.
Share my screen again.
Can you see my screen?
Yes.
Okay. So the additional for BAH in your zip code is your zip code 22041?
Yes. Okay. Based on your um your military housing as you get in addition to your base pay, plus again Bailey being your dependent, you would be receiving an additional over $3,000 a month, correct?
Yes, before taxes. Okay. And so you'd be receiving about $9,855 per month gross, correct?
Gross, yes. Okay.
And Let's see. Back in September of 2025, uh my office sent you discovery requests.
Do you remember getting those discovery requests about your financial information?
Yes.
And you didn't respond to any of those discovery requests regarding your financial information, did you?
I did eventually. Okay. But we had to have two motions to compel and you still didn't produce bank statements, paychecks stubs, additional documents that were requested correct in those discovery requests.
I provided uh paycheck stubs. Uh I'm sorry, I've provided uh bank statements.
Um and W-2s, I believe.
>> Okay, but now that's from the last year.
They were not recent. They were like 2022, 2023, correct?
And 20 They were up until up until the the period which I was had received W-2s. I think for 2025 I'm going to object your honor non-responsive.
>> Sustained.
>> [clears throat] >> Mr. Gray, if you just listen to the question that she's asking and only answer that, and then if you need to clear up anything when it's your opportunity to speak to me, you can clear it up with me, okay? Okay. Okay.
>> Okay.
And so I'll just be clear for the record. We had two motions to compel hearings requesting financial documents from you, correct?
Do you remember those hearings? I believe there were >> were ordered to pay attorney's Mhm.
>> And you were ordered to pay attorney's fees in addition to those motions to compel.
Do you remember those orders?
I did pay one one motion to compel.
>> Objection, your honor, non-responsive.
Sustained. I just want a yes or a no.
Were you ordered to pay attorney's fees for both of those motions to compel?
Yes. And you did not pay per those two orders. Is that correct?
Can you say that or repeat the question?
Did you follow those orders as with regards to paying attorney's fees?
Yes, one of two.
Okay. And to this date, have you provided any paycheck stubs to show where your money's actually going?
Paycheck stubs? Correct.
I provided my financial my bank statements so you can see where your dollar is going.
>> Sustained.
And I I I look and see that you did provide bank statements, correct? But you did not provide paycheck stubs showing how much you actually make and where that money goes. Is that correct?
>> Okay. Correct. Okay.
Um I'll pass the witness at this time, your honor.
All right.
Um Mr. Gray, would you like to wait until she finishes her case in chief and then you speak to me?
Uh, about what she just questioned me regarding? Yes. Um, if if while while we still have it fresh, um, if if I may >> Yes. Okay. Um, for the I did not provide um, provide the um, the um, W-2 or not the W-2s. For the W-2s, I provided up until um, 20 up until the current date. Um, I did not receive the 2025 W-2 uh, before the hearing which was in December.
So, I did not have access to provide her So, the the most recent W-2 that I had at that point in time was for up to 2024. I did not have a W-2 for 2025 yet to provide to her.
So, I did provide her the most current information on that uh, when it can pertains to the um, check stubs, um, I I during the second um, um, the second uh, enforcement, I provided them but I believe the document was too large of a file um, to send in a email.
Okay.
Is that all you want me to know at this point?
Yes, that's what >> Based on what you were just questioned about?
>> Yes, your honor. Yes. Okay. Attorney Large, you may call your next witness.
I'll call Ms. Cole, your honor. All right. You may proceed. Ms. Cole, can you please state your full name for the record? Yes, Lutarian Cole. And who is And you how many children do you have?
One.
And who is And is that Bailey?
[clears throat] Correct.
And who's the father of Bailey? Chris Unger.
Okay. And last April of 2025, you hired me to file a modification in this case, correct? Correct. Okay.
>> [clears throat] >> And have you had a chance to look the requested rulings that were submitted to the court? Yes. Okay. And so one of the requested rulings you're asking for is for child support to be made retroactive back to the date that Mr. Gray was served. Is that correct? Okay. And although he was served at the end of June, I think we put June June 1st, but are you fine with retroactive child support starting July 1st of 2025? Yes.
If the court awards it. Okay.
And are you Were you aware that Mr. Gray um at any point in the last few years have been working two jobs? I was. Okay.
Did you ever modify child support anytime prior to this case? No.
Okay. And today you're asking the court to review the requested rulings and grant um orders in conformity with those rulings.
Correct. Okay. And with regard to the temporary orders and conservatorship and things that actually be modified from temporary orders, are you asking those to remain as ordered in the temporary orders? Correct. Okay.
And also the last one you're asking the court to award you attorney's fees for having to pursue this matter. Is that correct? Correct. Okay. And again, this course this case you've been at this hearing or had hearing several times in this case regarding trying to get documents and getting Mr. Gray to comply. Is that correct? That's correct.
And the only issue that's remained out state standing since temporary orders was child support. Is that correct?
That's correct. Okay. Is there anything else you want the judge to know at this time? No, not at this time. Okay. No further questions, Your Honor.
Thank you. Mr. Gray, do you have any questions for Ms. Cole?
Uh yes, Your Honor. You may proceed.
Uh uh Ms. Cole, um during the period with that you were made aware that um um that I that Mr. Gray was working a second job, um were you receiving additional uh child support payments during that period of time?
Yes, that was something that was orchestrated by the OAG. I didn't request that.
Okay. Um during that period of time was Mr. Gray, um, regularly flying into, um, was Mr. Gray regularly involved in participation, um, in the child's activities? Your Honor, I'm going to object as to Mr. Gray having no documents or requested relief on file as far as pleadings. He has no pleadings on file, Your Honor.
Okay.
Um, child support request for reduction, child support or modifying child support or anything. But, Right, but he's asking her questions based on her testimony.
Correct.
He can do that. Okay.
Okay, overruled.
Okay. Um, so would you say that would, um, was it, um, brought to your attention that those additional funds were to enable Mr. Gray to be present for his child's activities?
I'm not I'm not sure of the question.
Can you rephrase it? I'm not sure if Mr. Gray, did did Mr. Gray advise you that the second employment, the second job that he, um, the second employment was in order to enable him to financially be able to be present for your all's child?
No, not directly. It was said that you were getting a second job for financial purposes.
And were those >> You don't have to refer to yourself in person. You can say I and me. Okay. Hey, [laughter] hey.
Okay, so, um, so Ms. Cole, did Miss did Bailey, our did Bailey, our child, directly benefit from Mr. Gray being, um, or having a second job? From the payments that I received, yes.
Did, um, was Bailey also glad that Mr. Gray could be present for her extracurricular activities.
Sustain. That's a question that would cause her to speculate on what the answer may be. So, you can rephrase that question.
Was Bailey excited when her dad showed or when dad showed up for her recreational activities, extracurricular activities?
>> the relevance.
What's the relevance, Mr. Gray?
The relevance is um me me working me putting that effort to be present for my child is for her direct benefit.
Emotionally and um uh for her emotional development.
Right. And your question is asking her was Bailey excited. So, Did you did did you did she observe the excitement in the child for her dad being present? I'm going to object to the relevance with regard to child support order in the family issue before the court.
Overruled.
I mean, excuse me. Sustain. Sustain.
It's not relevant, Mr. Gray, to the issue that is before the court. The issue before the court is really two issues. So, whether or not your child support should be increased to the amount that she's requesting and whether or not she is going to receive retroactive child support from the date of July 1st, 2025. So, anything that's revolving around those questions and her summary of requested relief, I mean, her responses, that's what you're going to be asking her questions based on. Does that make sense?
Okay. Um Ms. Cole, are you aware that um of the 529 plan that that Mr. Gray or that I created for Bailey?
I'm going to object to that as irrelevant for current child support.
Okay.
>> Retroactive.
>> [snorts] >> Sustain.
>> Relevance Relevance is I regular I contribute to that for All right, Mr. Gray. Mr. Gray, that I sustain the objection, so you have to ask a next question. But when it's your opportunity to speak, you know, you put those exhibits in evidence, so then you're allowed to talk to them at that point, okay?
Okay. Okay, I understood. Um Uh Miss Miss Covington, does Mr. Gray travel to Dallas?
We have to address the relevance with regard to his current or retroactive child support.
What's the relevance to your travel as it relates to child support in the retro?
The relevance is I have added expenses in order to spend more time with my daughter.
Overruled.
>> And the And the expenses And the expenses are substantial if I'm traveling 2,000 mi.
>> I overruled her objection, so you can ask She has to answer your question.
Okay, I didn't hear you. I'm sorry.
>> That's okay.
May I rephrase the question? Yeah, I was going to say she may not remember the question, Mr. Gray.
>> how how how many times does Mr. Gray travel to Dallas to spend time with with Bailey annually? That varies throughout the year.
>> Would you say Would you Would you say more than four times? I would not.
Would you say more than five times?
>> I would not.
How many times would you would you estimate Mr. Gray travels to Dallas?
>> I would say on average to see his child.
>> On average three to four times a year.
Okay.
Does that also include the the travel that's necessary to when when during the summer visitations, does Mr. Cole or Mr. Gray uh remain in Dallas or does he take the child back to his residence out of state? I'm going to object, Your Honor, as to relevance of where he spends his visitation time.
Overruled.
You may answer the question. Okay.
Typically, you guys will stay here for a couple of weeks while you're on leave and then you return to where you're staying at that time.
Thank you.
During the during the summer visitations, um are there are does Mr. Gray ensure that the the child participates in uh recreational activities during the summers? I'm going to object, Your Honor, as to relevance.
Mr. Gray, what is the relevance of that question?
There are additional expenses associated with um summer summer uh parenting time.
What kind of expenses are you referring to? Summer summer camp, swim lessons, other um other disciplines to help with um the child's development.
Overruled. Babysitters.
Overruled. Miss Cole, you may answer the question.
To my knowledge, Bailey has not been enrolled in summer camps for the last two summers of being with you. Also, I am not aware of any extracurricular activities that you have had her enrolled in in recent years. I would also like to say that I have contributed financially when she has gone with you for the summer, including flights to and from you and providing uh money while >> objection. Objection, Your Honor.
Okay, what is your legal objection, Mr. Gray? Um she did not answer the question directly. It was a yes or no question.
Okay, so what is the legal objection?
Not I can't I can't think of the Can you You can't help me out with the the parameters?
I mean you you you gave a description.
So this what we'll do. She You move on to your next question.
Okay. Okay.
Miss Cole, so Miss Cole, are you saying that Mr. Gray did not have the child enrolled in swim lessons in the last 2 years?
Objection, irrelevant.
Sorry. Miss Cole So hold on, Mr. Gray.
Are you re- Are you withdrawing that question and rephrasing it?
I'm I'm going to go to another question.
Okay. Go ahead. Is that what you want me to do? Well, not that I want you to do.
I didn't know where you were going with that because Attorney Lark was getting ready to make an objection and I didn't know if you knew of her objection and was going to move on to another question.
Okay. Miss Cole, has has Bailey participated in swim lessons during her time with Mr. Gray?
Yes, I believe it was 2 years ago.
So he So she has participated in activities.
I said that.
I said in recent years I am not aware of any extracurricular activities. 2 years ago.
Okay, so 2 years ago did did Bailey celebrate her birthday at a summer camp?
To your To your memory? 2 years ago.
Okay, so that is a period of time where recently where the child did participate in extracurricular activities to your knowledge.
Um >> to object as out of question, your honor.
I'm sorry, it's not a question.
>> Sustained, counsel.
That it wasn't a question. I think he's just testifying, I guess.
Okay.
Sustained. Mr. Gray, you may ask your next question.
Ms. Cole, was Mr. Gray able to um enroll the child in any activities this past summer?
I don't know what you mean by able to.
How much time did Mr. Did Bailey spend with uh Mr. Gray in in um during the parenting time for the summer?
I'm going to object as irrelevant, your honor, with regard to retroactive and current child support.
Repeat the question, Mr. Gray.
How How long was Bailey afforded to spend the summer this past summer with Mr. Gray?
There's relevance because I wasn't able to to get my adequate parenting time according to the custody order.
Okay. Um sustained.
So, you have to ask another question.
Okay.
Has Mr. Gray expressed expressed to you the uh financial uh the the cost of living in the area that he is located as um a means of constraint?
Objection as to relevance of what his cost of living is to my client.
Sustained.
Ms. Cole, were you are you Were you made aware of the the transfer of the educational benefits Mr. Gray has made to um that as as made and committed to his daughter? I'm going to I as irrelevant.
Mr. Gray, what is the relevance of that question?
There's a financial benefit directly associated associated to those educational continue educational benefits.
Sustain. Rephrase that question.
Ms. Cole, are you aware of the financial benefits associated to the educational benefits that Mr. Gray has transferred over to Bailey? I'm going to object as to relevance, Your Honor, with regard to child support. He was not ordered to do that, and I'm going to say it was a gift.
There's no written order where he's required to do that.
What What kind of What did you call it, Mr. Gray?
The The educational benefits I've transferred over to my daughter so that she can go to college for free. It's the GI Bill, Your Honor. Oh, okay.
That would be relevant. I mean, relevant.
Overruled.
Can you re-ask the question, please?
Were you Were you Were you made aware of the benefits that were transferred over to for Bailey's benefit to continue education?
I know that you transferred over. I'm not I don't know anything about the amount of those benefits. No, you don't share that information with me.
>> Did Mr. Gray ever provide you a copy of those benefits and the details in writing? Not to my knowledge, you haven't.
Ms. Cole, can you see One second, please.
We going to object as to any evidence that or document that's not already requested to be in evidence, Your Honor.
Mr. Gray, what What is it that you're pulling up? It's an email that I I shared those I shared this on October 11th, 2018. I shared in the email with details outlining the benefits that I had transferred over to Bailey. This is exactly two exactly three months prior to Ms. Ms. Cole petitioning for any child support or custody agreement arrangements. Okay, so here's the deal. You didn't submit that email.
Excuse me, you didn't put it into evidence.
However, when it's your turn to testify, if that's what you want me to know about the specifics regarding that email, then you can talk about it at that time, okay?
Yes, ma'am. All right.
>> Yes, ma'am.
You may ask your next question.
Ms. Cole, are you aware that Mr. Gray is 7 months ahead on child support payments in total?
Objection as to relevance.
>> [clears throat] >> Re- Ask the question again.
Are you aware that Mr. Gray is a has paid in advance 7 months of child support payments? Overall?
Off the top of my head, I'm not certain how how far in advance you are due to the second child.
Are you aware that Ms. Cole has paid Mr. Gray has contributed paid it in advance over nearly $6,000 in in in a total amount?
Same answer. Off the top of my head, I'm not aware of that amount.
No further questions, Your Honor.
Okay.
Attorney Lark, do you have any redirect of your client? I just one or two questions, Your Honor.
Okay, go ahead. With regard to Mr. Gray's visitation with Bailey, um who paid for those flights to assist with the Mr. Gray's visitation? I have paid for several flights for both myself and Bailey to take her to where he's been stationed and to have someone pick her up.
And can you tell the court some of the places you've flown with Bailey to to in order to facilitate or make sure those visitations occurred? Yes, so Seattle when he was based in Seattle before where he's based now, uh myself and my sister, I believe I went to pick her up. My sister took her um or it might have been the other way around uh but I paid for both of those flights. Um I also paid for Bailey's flights uh so that she could get to him uh when he was stationed in Killeen, I would meet Mr. Gray halfway or I would bring her to Killeen uh via driving so that she could be with her father.
Okay. Did you ever ask Mr. Gray to reimburse you for any of those expenses?
I did not. Okay. And prior to or even since you guys have since Bailey's birth, um where does Mr. Gray where did he live prior to going to the military?
Uh so he's been in the military since Bailey was born. Okay. Did he ever reside here in Dallas area?
No, not since being in the military.
Does he have family here in the Dallas area? He does. And [clears throat] to your knowledge, where does he stay or where does he stay take place when he's here in Dallas visiting with family during the summer?
I'm sorry, you said where does he stay?
Where Yes. Um typically either with his sister or his godmother.
Okay. Have you ever taken Bailey to a hotel to meet with him because he's staying in a hotel? No. Okay.
No further questions, Your Honor, to the for this witness.
Okay, thank you. You may call your next witness. I'll call myself, Your Honor.
Uh one one question, Your Honor. Oh, I'm sorry, I'm sorry, Mr. Cole. You wanted to >> cross-examine based off of what she just asked, the questions or the respondents?
Yeah, you can ask her. Go ahead.
Okay, Miss Cole Miss Cole, you claimed that you um you have traveled you have um on several occasions you have purchased flights. Do you have any evidence of said purchased flights? I do. I have the receipts.
Have you provided that as evidence of said claims?
I wasn't requested to. I hadn't been asked about it until this point.
Okay, Miss Cole, um How long has Miss resided in Washington in in Virginia in the DMV area? What is Can we we'll just name it DMV for I believe you were re-stationed in December or January. I'm not quite sure.
Okay. So, you said that you have you said that you have traveled to you have you you and your sister have traveled to Washington, D.C. to bring Bailey to my residence or bring Bailey here to D.C. That's not what I said. I said when you were stationed in Washington State in Tacoma, Washington, which was your base before D.C.
Well, I I believe I heard you say you've traveled recently to Washington, D.C. or the DMV. No, I did not. I said Washington State.
Okay. Okay, when when was the most recent time when when when I resided in Washington State?
Which what days did you travel um to bring Bailey to Washington to me?
Off the top of my head I can't Off the top of my head I cannot give you those direct days, but if the court would like me to get them, I can.
Please.
Um Um so, are you're saying that you traveled at least two times to Washington State to transfer or to exchange Bailey? That is correct. If you recall, Mr. Gray, you actually picked me up from the airport when I brought Bailey to you and we waited overnight in your vehicle for my flight to return back home to Dallas.
And that was one that was one instance.
>> And my sister then picked her up, which I paid for.
And what what was the reason for that for for your your sister traveling to DC?
>> to object on to relevance.
Hold on 1 second. Sustained.
That's not relevant.
>> What was the reason? No, no, no, Mr. Gray. You have to >> oh, okay. I'm sorry.
Yeah.
Ms. Cole, how many times did you say you traveled um to to to transfer exchange the child when Mr. Gray was living out of in Washington State? I believe twice.
Do you recall anything of the the first instance of you traveling to exchange? I'm going to object on to relevance.
Ask your next attorney.
Ms. Ms. Cole only only traveled once to to exchange the child in Washington State. It was not multiple. Mr. Gray, it's okay. Okay. I sustain. Ask the next question.
In what instance what in what when did you uh purchase a flight for for aside from the time where you um traveled with the child to exchange, what other instance did you ever pay for a flight?
I believe you already asked that, and as I said before, I don't have the exact dates in front of me, but I can get that if the court requested. And can you what summer if was it a summer or uh uh um holiday period which in which you would have purchased a flight?
On which occasion?
Well, the the occasion that you referred that you that you uh pay for a flight.
There's been multiple, so on >> Excluding I'm sorry. Excluding >> cannot speak at the same time. Let him finish asking the question, and then Mr. Gray, let her finish answering the question, okay?
Yes, your honor. Excluding the Excluding the instance when you traveled with the child to exchange, what period of time was it summer or was it holiday break that you pay for you purchase a flight uh for the child?
Off the top of my head, I'm not sure, but I'm pretty certain it would have been would have been summer.
Typically, you come here for holidays.
Okay, so if you purchase a Did you purchase this one individual flight for the child or did you purchase a flight for for the child and Mr. Gray?
I'm going to object this to relevance, your honor.
Sustain.
Ms. Cole, how is it possible um How How is it that you You You say that you You purchase um You purchase flights um You You have purchased flights for for travel when you cannot recall if it was summer or holiday break in which the child um traveled?
I'm going to object this to relevance, your honor. Sustain.
Okay, Ms. Cole, how long has How long did Mr. Gray live in Washington state?
Objection, your honor, as to relevance.
Sustained.
>> [clears throat] >> No further questions. Okay.
Attorney Lark, you may call your next witness. I'll call myself, Your Honor, for attorney's fees. Okay, go ahead. My name is Roslyn Lark. I've been an attorney licensed in the state of Texas for a little over 5 years. Prior to becoming an attorney, I was licensed as a paralegal for 16 years. My hourly rate for family law matters is currently $350 an hour. My paralegal bills at the rate of $150 an hour. I also did and have given Ms. Cole um a reduced rate um since we went to the same law school.
Based on my experience and knowledge, my fees are reasonable and necessary and customary for this practice area and locality. I spent over 23 hours on this case and that does not include my time for attending trial today. I'm asking the court to award attorney's fees in the amount of $6,000 in legal fees. I'm asking that the fees be paid by September 1st, 2026 and if necessary um grant Mr. Gray a payment plan. Um I'm asking also that interest be accrued at the rate of 6% annually until paid in full. And I have included my most recent billing statements and my legal service agreement as exhibits P7 and P8, Your Honor.
Thank you, counsel.
Uh Mr. Gray, would you like to cross-examine Attorney Lark on any of her testimony that she just gave as it relates to her request for attorney's fees?
Yes, Your Honor. You may proceed.
Uh Ms. Ms. Ms. Lark, um the 23 hours, what what what are those hours billable hours that you're referring to?
Mhm. If I may share my screen, I don't know if you have my exhibit P8 or my itemized invoices. [clears throat] That shows where all that time has went and how it was I don't know what I do I do not. I don't see your screen.
Okay, I can share my screen if you like. Let's see. Yes, you may share your screen.
Mhm.
Let me speak in large this a little bit.
So, the total time I spent was 23.9 hours again, not including my time for this trial today.
And starting at the bottom back in April 2025, you can see the time that's been I for me and the employees in my office on this case.
And let me know if you'd like for you to stop, but they are all itemized.
From April 2025 until yesterday's date of preparing for this trial.
Okay. Mr. Gray.
Mr. Gray, do you have any other questions?
Regarding her fees. I'm sorry. Do you have any other questions [clears throat] regarding >> [laughter] >> No, no, your Okay. Attorney Lark, do you rest? I do rest, Your Honor. All right.
Mr. Gray, now is your opportunity for you to tell me what it is that you want to know. Just keep in mind, your testimony Attorney Lark is free to make objections to your testimony, okay? So, just make sure as you're speaking, you you're really listening in for those objections so you can stop and I can rule on them, okay?
Okay, so this is just my opportunity to speak speak my case. Yes, sir.
Okay, Your Honor. Um For for my child's for Bailey's entire life, I've been a a very involved and um and present father, a loving father.
I I do everything that I can possibly to be present, to to contribute to my child's development. Um and to ensure that she has access to my side of the family as well, and so that um that she can have a great example of a of a good father.
Um During during my period of time, so I've been in the military for uh nearly 18 years and I've made a lot of sacrifices.
And um um a period of time when I was stationed in Korea when Ladonna and I separated, I chose to come back to I had the opportunity that we lived in Korea and we separated and I had the opportunity to uh come back to Texas and reside in Texas and live as close as I could to my daughter. And so for 3 years um I did do that and during that period of time um Miss Cole made it extremely difficult for me to be a present father and to have shared access to my daughter despite there being a custody order in place. Um it became very frustrating at times um because I am a loving father and Bailey is my only child.
Um when I when I departed when I had to PCS from Texas to Washington um someone shared to me one the the cost of living increased when I moved to Washington state.
And I could not afford to with my one paycheck, I could not afford to I could not afford to be as >> [snorts] >> be as present as I wanted to. So I picked up a second job. I'm an air traffic controller.
A friend of mine shared an opportunity for employment.
I took the job as two full-time practically two full-time jobs. I was working for the military um from 6:00 until about 1:00 I would get off.
I would change my clothes. I would drive from Tacoma to Seattle, which is about 45 minutes. I would work from uh 3:00 p.m. until about about midnight.
And I did this for almost 2 years.
>> to this testimony as being relevant to child support with regard to your second job from years back?
I I worked the second job to to be financially Mr. Mr. Gray, just speak in terms of the Let me ask Let me say this a different way. Maybe you'll understand it this way. What is it that you want me to do today?
I want you to to to to take into consideration travel, to to not increase the child support any further because I am already providing I am going above and beyond financially to be one to be present for my child, but two, I've already set aside additional financial means to ensure that my child is successful and she has resources that I never had as a child.
Y- Thank you. Um I made a note here. You said you gave her a GI Bill.
Yes. Is there a certain amount attached to that?
The value of the amount that she has is $120,000.
And when I transferred that over when Bailey was born when I transferred that over, I had to continue service. So, before Bailey was born, I I was nearly um at the end of my my my service obligation.
When Bailey was born, I continued service instead of exiting the military, I continued so that my child would receive those direct benefits.
Okay. Thank you.
>> So, I would have been a civilian and back home in Dallas if it not been for me wanting to ben- directly benefit my daughter.
Understood. Understood.
Is Bailey in and I think her name is cool, by the way, just to let you both know. I mean, I'm a Bailey. Spelled different, but I I love her name.
Is she currently She's 9, right? She turns 10 in July? Yes.
Is she involved in any extracurricular activities currently? No, Your Honor.
Yes, she is. Okay.
With the school.
Can I Can I answer your question, Your Honor? Um well, let me ask Okay, so you say yes, you say no. Miss Cole, I'll get to you in when he's done, okay? Mr. Gray, what activities do you know of that Bailey is currently involved in?
From my From my awareness, the only thing that I know that she is involved in are activities that are associated with the school.
She is in She's in dance with the school. There are no extracurricular activities that she is currently that I am aware of that she is actively participating in. And if if she is, that's a part of the problem that I'm having is How can my child be involved in extracurricular activities and I'm not in the in the loop on it?
So, that's a part of the frustration that I have as a parent is We object to relevance, Your Honor, with regard to him attending extracurriculars.
Okay, um overall, I'm just letting him speak on that part because I I needed some information from him. Now, hold on, Mr. Gray, real quick. Miss Cole, outside of dance, what other extracurricular activities is Bailey involved in? Yes, ma'am. So, he's correct. She's involved in ballet at her school. She's also involved in step team at her school. Both of those come with associated costs.
Um additionally, Bailey has competed in competitive dance since she was 4 years old. We did take this year off, but she does have plans to return to competitive dance next year, as well as she's been taking swim lessons, which we stopped those in January because we're looking for a swim team for her to join.
Okay. Thank you.
Ms. Cole. Now, Mr. Gray, of the the competitive dance and the swim, that's outside of school, right?
When she was When she was participating, so I started the swim lessons and and Ms. Cole continued them recently as recent as 20 25. I think early 25 and then it stopped. Yeah.
That's not right. Okay, hold on, Ms. Ms. Cole, I'll get to you. I'll get to you.
I'll get to you. For the competitive dance, Bailey did Bailey completed her competitive dance last summer.
All right. Did you pay for those expenses?
Out of the child support, I believe I did. No, no, no. Let me Let me ask a better question. In addition to child support, did you pay anything related to dance?
No, Yana. Okay. In addition to child support, did you pay anything for swim?
I I paid for the summer lessons or the the swim lessons when she was with me.
So, yes.
Okay. Was that last summer?
No, I only had my daughter for 3 weeks last summer.
It was when we lived in So, a year ago, so 2024 is when I I started her swim lessons, the summer of 2024.
Thank you.
What about You mentioned child care.
What is What did you mean by that?
So, >> [snorts] >> sorry.
Because I'm a I'm I'm not married and I'm a service member, um I reside by myself.
Um as a service member I understand that I have to have a family care plan. So if anything were to happen to me while the child is in my care, um I have to have an emergency contact. Um in in the past I would um I would um have a aunt my aunt would uh for multiple years my aunt would uh would uh volunteer her own time to come live with me for the summer.
And the exchange would be I would take care of her expenses because it's not most people aren't able to stop what they're doing for several months or extended period of time in order to um assist. And so she was a second secondary care and um now that I moved here to a DMV, I don't have a the type of a network or um community. So I have to pay I had to pay for uh uh babysitters if I'm at work or um um I do intend on putting her in summer camp but that's an added expense. So for a sitter, someone I can trust, I have to pay them about $70 an hour.
So even at the minimum I'm going to have to expend say for 20 hours, I'm going to have to expend about $1,500 uh this summer alone in in child care services. And that's before before I agree to any summer camps.
Just as a secondary in case I have to work late or and someone has to pick the child up.
Just so I'm clear, that's that um child care expense, that's going that's not a possibility, that's going to actually happen that you use H Okay.
Yes.
All right.
You also mentioned travel costs.
Yes. What did you mean by that?
So when Bailey was participating in activities, I travel on average five, six times a year. There's no question about it.
Every year for the last I've been since I left Texas, so I've been out of Texas for four consecutive four consecutive years now.
Every year I travel five or six times to go back to Dallas to spend time with my daughter.
That's flights I have to pay for that on average four to $500. That's a car rental every time. So if I no matter if I'm staying there for four days or I'm staying there for two weeks, I have to pay for a car rental so I can get around.
I don't have to pay for a hotel because I live with family, but my added expenses on top of the cost of living is what is killing me because I just want to be a present father for my daughter.
>> [snorts] >> Okay.
There was something else.
I have another question if you know, but attorney Lark may be the better person to answer this.
The child support record that Mr. Gray provided showing that he's making payments in excess of $800, do you know the the reason why it's showing $800 versus the $600 that he was ordered to pay in the underlying order?
She petitioned She petitioned it She She appealed it and and it increased it from the 600 to to the second amount. Oh, okay. So I'm missing that order. Let me see if I can >> initially include his BAH for the 600.
And so, yes, he's correct. It was appealed and when it went back, the judge re- um or modified or amended the order to go to the $800 amount. Okay, I see it now.
I see the order. Thank you. Thank you all.
Okay.
Okay, so the child support is the 800.
Got it.
Okay. Mr. Gray, let me see what else I had written.
Judge, could I say something? Hold on 1 second. He's on the witness stand. Oh, that's right. On the witness stand. Let me see.
Mr. Gray, you mentioned the 7 months, your overpayment in child support. So, the exhibit that you put into evidence, let me pull it back up.
Mhm.
This should be the second page.
Yes, thank you. So, it shows All right.
So, the varying amounts depended on the hours the hours that I worked. Right.
Which year did you start working and doing those overpayments? 2023 and 2024.
Okay, so the ones in green indicate the overpayment? Yes.
Okay.
Yes, ma'am.
All right. Thank you.
All right.
Okay.
Okay. Mr. Gray, is there anything else you wanted me to know before I move over to Ms. Cole?
Um the the financial um expenses associated with being a present father have significantly financially handicapped me.
And that's why I'm emotional is because I'm I'm I'm providing um being a father that I wish I had.
Because nobody showed up for my for my extracurricular activities.
And I don't want my daughter to have to experience that. But even with the effort that I've put in that I've put in, I still miss opportunities to be present for her and it hurts.
And and and that's why I'm crying.
It's it's okay.
It's okay. Matter of fact, someone just walked into the courtroom, so I'm going to take a recess. That'll give you an opportunity to, you know, gather yourself and I'll be right right back. Um Ms. Cole, you said you wanted to to say something. Or you know what?
Let's do it like this. I'm trying to keep it in order as much as I can. Did you have any questions for Mr. Gray about the testimony that he provided? Uh Ms. Attorney Lark, did you have any questions for your client based on his testimony?
Um I'm not sure what she wanted to say, Your Honor, so I'm not going to have to ask her with regard to how she wanted to comment on what he said cuz I have no idea.
With regard to visitation, has that whole thing happened? So I ask again for I guess if Ms. Cole there's anything you'd like the judge to know with regard to Mr. Gray's testimony.
>> Cole, did you have any questions specifically for me?
Well, and based on the questions you asked Mr. Gray, I guess it's Right.
Yeah. [clears throat] Oh, sorry. You said did I have questions for you, Your Honor, or did I have statements based on the questions that you asked him? Okay, so I I I want to keep it in order. So, your attorney would do the speaking through you. I just didn't know if there was something specific you wanted to ask me as related to what he said. No, I didn't have questions for you. It was more so comments related to what he said. Okay, yes. Because I don't want you you say a comment, he'll respond, and I don't want you all getting into it or anything like that.
All right, so Attorney Lark, do you have questions for Mr. Gray based on his testimony? No, what I'd like to do then is try and elicit some testimony, I guess, from Ms. Cole to try and I hate to say kind of throwing darts at it to see what she's trying to get at or what she's trying to say. So, I do want to have her talk about some things. So, Ms. Cole, I guess if you could talk about or I guess last summer you and Mr. Gray talked about how you attended her competitions and stuff like that, Bailey's competitions, traveled for those things. Did he attend the competitions there and stuff that was last year and the last couple years? Has he been present for those? He attended her last competition in What was that? Galveston.
And was that last year? Yes. Okay, and how often has he been there?
>> her last competition of the season. She has multiple competitions in one season.
Okay. So, how about how many I guess per year? And I was just going to like the last couple years, has he attended? He typically attends at least one of each competition competition season, excuse me. And those are during the summertime?
Uh they start around April and goes to as late as June.
Okay. And how many of those And I guess it's about one one per year?
No, so for each competition >> Let me rephrase my question. As far as what Mr. Gray has attended. Oh, yes.
Typically about one per year. There might have been a couple of years where he attended two.
Okay. And then I guess when he does come to Dallas to exercise visitations, about how long does he stay to your knowledge?
>> it So it varies. Um he's been here to my knowledge where he's had Bailey for a few hours to uh as long as a week staying here um and then when she goes with him for the summer.
Okay. And then about how many times per year does he exercise So the order says I think he gets one weekend per month because it's over 100 miles. How many times per year does he actually come to Texas to visit Bailey?
>> On average three to four times a year.
Okay.
Um Okay. Attorney Lark, now I you asked that question. Now I have I I know where I want to go with Ms. Cole.
Ms. Cole, the three or four times that he exercises, to your knowledge, um No, I don't No, I I don't know. I was I lost how I was going to ask that question. Let me ask you another question.
Is it true that he is paid Is it true that he's overpaid child support at this point? So when he started that second job, I got a letter in the mail from the OAG that they would take from the second job as well as his primary job. And so because of that, in a sense, yes, he has overpaid for that period that he held the second job.
Okay.
Can I just ask a quick question, Your Honor?
Yeah.
So the last order that you guys had is from 2019, is that correct? Uh I want to say it was 2018, actually.
It was in 2019.
Oh, was it 2019? Okay, yeah. But since that time, have you has the OAG or you requested a modification of his child support? No. Okay. So even with the second job, there was no formal modification? No.
Okay.
No further questions, Your Honor.
Okay.
>> [clears throat] >> All right. Mr. Gray, is there anything else that you wanted me to know?
Uh yes, Your Honor. Um Go ahead. Aside from the one trip Aside from the one trip that Ms. Cole made to exchange our daughter at the Seattle airport, I have paid for every flight, every car rental, every meal associated with uh travel and transportation for my daughter. Ms. Cole has never paid for a flight. That's why she was unable to tell you when the flight was that that she would have paid for. I paid for everything when it pertains to um travel and and and arrangements with with uh Bailey.
And then [snorts] the other part is when I was working that second job as an air traffic controller at SeaTac, um I would again I was working two full-time jobs practically at at at at the at the peaks of it, and um I ended up uh having a a shingles breakout um because of the exhaustion from working those two jobs.
Well, he's he's telling me what I I asked him an open-ended question, so I'm going to overrule that counsel and let him speak. Go ahead, Mr. Gray.
Yeah, so when I was working at the peak of those two jobs, it it it that's not a physical job, so it's not blue-collar.
It it takes a lot of mental um um energy away from me. And so, working those two full-time jobs to make sure that I could financially be available uh and accessible to my daughter uh put me in in a um in a health crisis um by the end of where I had to ended up quitting that job before um um as a as a result of um creating health issues in a prime of my life.
Okay.
All right.
Attorney Lord, did you have any additional questions for Mr. Gray?
I did, Your Honor. Just one. And I request production of the asked for bank statements and documents related to expenses related to the child. And you didn't provide any of those documents or proof of these expenses, did you?
I didn't see anything about expenses. I don't recall seeing anything about expenses. Otherwise, I would have provided everyone of Objections. Okay. Well, again, you didn't produce any documents with regards to any expenses that you provided for your child, correct?
In response to any documents from our discovery request other than I don't I don't recall that being a part of the discovery, unfortunately. Okay. No further questions, Your Honor.
Okay.
Okay. So, let me make sure I'm clear, counsel. You're asking for the 1,500 or so dollars in in increase in child support since July 1st of 2025?
Correct, Your Honor.
And I'd even go as far as to say we couldn't get this resolved with the motion to compel, so even at temporary orders, the task force it was a modified I think that's from December. So, I think if you don't want to make it retroactive back to July, then at least ask for temporary orders when we still can get any documents from him with regard to child support, so being And on temporary, his child support stayed the same, right? Right, because he wouldn't produce any documents, Your Honor. With the motion to compel, so we couldn't modify it with no documents.
>> [clears throat] >> My cost of living increased as a result of having to have space for my daughter in a two-bedroom apartment.
by $500 cuz of the cost of living here.
But you get BAH for your cost of living.
Yeah.
I don't know if that would matter, your honor. Again, I'm not sure military-wise.
His rent versus what he actually gets from BAH to determine if it's helpful or helpful in some kind of way.
Mhm, so when the military when you say Mr. Gray, you counsel, you speak very fast. I'm sorry.
>> [laughter] >> Yes, please tell me I will absolutely slow down. So, BAH is what a person a military service member gets when they're living off base. And so, if he's getting $3,800 $3,855 a month for housing, I don't know if it would help to figure out what his rent is that's not covered by the BAH if he's saying it's a hardship for his cost of living.
Don't know if that would help.
Is is what he's saying is If I may, I can explain. Go ahead, Mr. Gray, because I'm I'm not very familiar >> so so the BAH is to is to help because our base pay my base pay is $6,000. I couldn't live off of that alone. Um so, they give a an additional amount to supplement for housing. And so, with the housing, my rent alone is $3,100 alone.
Um and a- addition in addition to that, I have a mortgage. So, I have a home in Killeen that I also have to pay for. So, and it's been vacant for um since um since October of last year. So, not only am I paying um $3,100 in rent, I'm also paying $1,700 in mortgage. And so, when you factor those things in, yeah, as much travel as I do to be with my daughter, all of those expenses, on top of a car note and all my other expenses, that's what puts him in financial constraint. And that's why I can't even afford a lawyer to defend myself right now.
>> [clears throat] >> But you could sell the house in Colleen, correct?
Well, I'm not going to say that. All right. And I'm like, and he could get a cheaper apartment.
To his point, if he can't afford >> Safety. They're covered in this area. I don't Hold on 1 second. You all You >> [clears throat] >> You all don't have to You don't have to respond to that, Mr. Gray. And counselor, I don't I'm not going to even say that to anybody because I I haven't lived in Virginia. I don't know anything about the cost of living there. I just know that DMV is expensive. That's an expensive area in general. So, I and I would never tell someone they need to to sell real estate.
>> Correct.
Um I wouldn't ask you to order him to do that, either.
So, Hm.
If I may speak candidly, my issue is that we don't have I don't know if he's making, again, because of the documents that we didn't get. I have no idea what he's actually making from his job. I have no idea where his tuition going. And even with the bank statements, he's blacked out everything, so I couldn't even tell if they were even his bank statements or not. I mean, he grayed out everything.
So, I have no idea if he's making over $2,000 a month or less. I have no idea.
>> You can see my my balance. Let her Let her finish. Go ahead. And remember, the court reporter is writing down everything that you all are saying.
Sorry.
>> So, and again, to be honest, my request was making max so that he would kind of force him to produce some kind of pay documents, but again, he's had several jobs and he's never talked about what he made from when he had those jobs. Didn't learn anything about those until today.
And so not knowing what his true income is, it's really hard to figure out if what he's saying is true because he wouldn't produce any documents.
Mr. Gray, let me let me ask you this.
The documents that they're requesting, what is the issue with producing those if any? It's the shame associated with it.
I I My if I gave her my bank statements.
My bank statements say everything that needs to be seen. Every month I'm scratching at the end of the month like 70% of this country to make the ends meet on top of still showing up for my daughter.
That's where the conflict lies. You don't need my You don't need my pay stubs to see that at the end of the month I'm at zero dollars or or a hundred dollars left in my bank account.
I don't have any extra money.
That's it. Okay, sold it. Well, let me just say this as it is required, right, by law when you're dealing with child support. It it says it. And and she requested discovery. She Through discovery she requested financial documents.
As I understand you're saying you are ashamed because of what you have at the end of the month, but she's entitled to those documents.
And in order to make an accurate decision on whether or not your child support should be increased, what that amount should be, and whether or not you're going to pay retroactive child support, I need to see them.
[clears throat] Yes, I I did attempt to send them. I think the file was was too large of a document. Okay. So this is what we're going to do because I don't I don't want to make a decision today that is without me seeing the full scope of everything. Like in addition to seeing what your income is, I there there is some provisions in the family code that I am able to take into consideration based on your testimony, but I need both of those combined. I need to be able to see the full picture to get Miss Cole what she's asking for or to get you what you're asking for. And that's either side. That's not saying that I'm going to rule favorably to either one of you fully, but in order to know what my decision is, I have to see everything.
Does that make sense, Mr. Gray?
Yes, your honor.
Okay, so Attorney Lark, what are you looking for?
Um actually, can I um present an impeachment document?
Well, to the bank statements?
Okay, that are redacted, but I just need I just need to know what you need from him for financial.
Um paychecks as we would be great a great start. And then his bank statements, the last one I have from February of 2025.
Okay, so Mr. Gray, we need Wait, Attorney Lark.
>> I guess unredacted so I can make sure it's him cuz I have bank statements that attach to him.
Okay, so [clears throat] Attorney Lark, pay statements from what period? Um we can even go from I guess January of last year or January 2025, January 1st of 2025 until present.
Okay, did you also get a W-2?
I got Let me see.
From 2022 and 2023. Yes.
Okay, so you need one from 2024 and 2025. Correct. Okay, Mr. Gray, >> W-2s.
Mr. Gray, I need you to provide not only to miss attorney Lark, but to my coordinator. You can put it on the same email, okay?
Um I need you to provide your W-2 statement from years 2024, 2025, and your bank statements from March of 2025 through whatever the current period in, I think it's what, May 15th or something.
Um we we need to see those, okay?
Understood. All right. How soon can you get those? Because I need to get you all a ruling out, and I don't want there to be much time from the moment that you send those documents to me giving you a ruling. So, in other words, I don't want it to be another 30 days.
It won't be 30 days. Okay. So, do you Let's do it this way. How about I give you a deadline to produce them by, and then >> from the deadline when we get the email, I can tell you that within the week of receiving your documents that I will have you all a ruling. Is that fair?
That's fair. Okay. So, let's do this.
You produce How much time do you think you need?
I I'll I'll have them over to you by my no later than Monday. Okay.
This what we'll do.
Today is the 20th. It's a holiday.
Monday is a holiday.
So, I'll give you until next Friday, the 29th. Is that enough time?
>> Yes, ma'am. Okay. I'll give you till the 29th to close the business, 5:00 p.m.
5:00 p.m. Central time.
5:00 p.m. Central time, and you provide those um to attorney Lark, and you have my coordinator's email, right? Britney King?
Yes. Okay. Copy her on the email, and once I get that from you all, you all will get a ruling the following week.
So, that'll be June My deadline to you is June 5th.
Okay.
Okay?
All right. Now, before we leave, does anybody have any questions about what I said?
No, your honor. Okay. All right. Well, thank you all for your patience and I'll be in touch.
Thank you, your Thank you, your honor.
We be excused? Yes, you're dismissed.
Y'all have a good day. You too. Thank you. By the end of this hearing, the judge makes something very clear.
She's not comfortable issuing a final ruling without seeing the complete financial picture. And honestly, that may have been the smartest move in the entire case. Mr. Gray presented himself as a father making enormous sacrifices, working two jobs, traveling constantly to stay involved in his daughter's life, contributing educational benefits worth thousands, and even describing the emotional and physical toll it took on him. But attorney Lark successfully highlighted a major legal issue throughout the hearing.
Without complete financial disclosures, the court can't properly determine whether the requested increase in child support is fair or justified. So instead of rushing to judgment, the court presses pause and orders additional documentation before making a final decision. And that ending says a lot about family court in general. Emotions absolutely matter, but documentation still drives outcomes. Now we want to hear from you.
Do you think the court should factor in emotional involvement and long-distance parenting sacrifices more when calculating support? Or was the attorney right to focus strictly on verified income and financial records? If you found this courtroom battle as intense as we did, make sure to hit that like button, share your thoughts in the comments, and don't forget to subscribe for more jaw-dropping courtroom breakdowns.
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