[U] Dhhs V. Mesa

David Mesa filed an objection on May 18, 2005 to the Findings of Fact, Conclusions of Law and Order signed May 9, 2005 by the Support Magistrate. Mr. Mesa objects, arguing that he was not advised to provide a job search log or any type of documentation regarding a job search and that weekend incarceration will deprive him of the only gainful employment opportunity he then had. He calls this "Draconian". There was no rebuttal. Additionally, the May 9, 2005 order of the Support Magistrate in this case properly referred the matter of the respondent's willful violation to the undersigned for a hearing and confirmation, and if appropriate, for the imposition of sanctions in accordances with Family Court Act, §§ 454 and 455. Procedurally, the merits of the Support Magistrate's order were before this court, therefore, in two ways (1) for confirmation required by sections 454 and 455 of the Family Court Act in cases of willful violation findings with recommendations of incarceration, and (2) for the routine objection procedure of section 439(e) of the Family Court Act. Such a dual track seems like an unnecessary and inappropriate use of judicial resources.