 Case dismissed. I'll lighten the click, eh? They're most likely the whole weekend, too. It's a real great deal. And you know why? Because all the laws are made for women. Hey, tell me, Mr. Smart Lawyer, when they're going to start making laws for men? Some people underestimate their legal rights, others overestimate. Now, this confused young man is deeply involved. Has he gone too far to have his... Case dismissed. WMAQ, in cooperation with the Chicago Bar Association, presents Case dismissed. This is the story of your legal rights. How vital to preserve and protect them, how easily they may be lost. Our story begins in a loop restaurant where attorney Elliot Ruth is illustrating a point to his young law clerk. Son, you're wondering if the average dependent involved in a child support case is really a fairly bad guy, as they say. Well, I'd say in many cases he's just a mixed-up guy, a fairly confused person. I remember one case in which a young woman thought she had no rights at all, and a young man completely misinterpreted his rights. Oddly enough, it all began quite literally on my own doorstep. My secretary reported an early car in my outer office. Yes, Ms. King? There's a Miss Harris. See you, Mr. Ruth. She's here about that ad, you and, for part-time timers. Oh, yes, yes. Send her right in, please. Yes, sir. Yes. Are you a Miss Harris? Alice. Alice Harris. Elliot Ruth. Oh, it is you. Don't make it sound so distasteful, Alice. Well, I haven't seen you in, well, at least ten years. At least. It was a blind ad, Elliot. I didn't know until I saw your name on the door, and then I couldn't be sure just from the initials. But I hoped it was someone else. Oh, now wait a minute, Alice. What is it? Two old high school friends meet, and one gives the other the cold shoulder? I don't get it. Oh, I'm sorry, Elliot. Really, I am. It's only that... Well, the last time we saw each other, things were so different. I didn't want you to say... The last time I saw you, things were wonderful. You were marrying some young fellow just out of the service. Jack Brooks. Oh, of course. I remember meeting him. Jack Brooks. How is he? I really wouldn't know. You're separated? Divorced. No. But I heard you had a youngster. Too well. But it wasn't enough. Nothing would have been enough. Divorced? I can't believe it, Alice. How long ago? Nearly three years. Oh, it dragged on and on. Jack made it pretty rough. Finally, I decided to waive alimony. Well, the court, of course, awarded child support. Yes, $40 a week. I went to work in a neighborhood department store. We made a go of it, the children and I. But now you're applying for this part-time work I have, Alice? Yes, that's right. I have to have it, Elliot. Well, now that you know all about what's happened to me, I'm not sorry at you after all. Am I a successful candidate for the job, Elliot? No, of course. But I thought you said you were making out all right. Look, I hope you won't think I'm getting nosy, Alice. But what's happened? I just need the money. But working day and night, you'll break down, girl. Think of your children. I am. They have to be fed and closed. Can't you do it on $40 a week, Alice? I could when I was getting it. But Jack hasn't sent anything for... For how long? This makes ten weeks. $400 behind in his child support and you're letting him get away with it? What can I do? Well, where's the lawyer who handled your divorce suit? He moved to California a year ago. But there are lots more of us, Alice. Oh, it's not that, Elliot. A hundred lawyers couldn't get money from Jack if he doesn't have it. And he told me he doesn't have it. And did he tell you what he was doing with it? He had the money once. Why not now? That's easy. Jack remarried a year ago. They have a baby now. But that shouldn't affect you, Alice. Don't you understand? All I understand is that's what's happening to our $40 a week, Elliot. There's nothing I can do about that. Oh, I don't know. It seems to me since the court ordered this money the court can enforce it. Really? Well, could you help me, Elliot, would you? I believe I could, if you want me to. Somebody's led you astray on the subject of your legal rights, girl. Don't you want to fight for what your children have coming? Well, yes. Yes, of course I do. But I just didn't think I could do it. Oh, excuse me, Alice. Miss King, will you come in and bring your notebook, please? Yes, sir. Now, Alice, first we're going to make out a statement of arrears showing how far behind your ex-husband is in support for the children. We've waited far too long, as it is, so we'll go to court immediately. I'm sure the judge will help us get some swift action. Court has examined statements of arrears and find sufficient justification for issuance of a rule-to-show cause against Jack Brooks. Elliot, what is this rule-to-show cause? Well, as you know, until your children reach legal age, their wards to the court. Oh, yes. I remember that was brought out in our divorce. That's why the court ordered $40 weekly support based on your ex-husband's weekly earnings of $125. Now, when it appears that support payments are not being made, the court calls upon Jack to show why he shouldn't be charged with violating the court's order. In other words, contempt of court. That challenge to Jack is called a rule-to-show cause. I see. And what if Jack doesn't show any cause? Then he's held in contempt and bingo into jail he goes. Well, I hope Jack can explain this and then pay up. He'd better. He has 10 days to get his story and his money together and show up here in court. Well, as I told you before, this boy Jack wasn't like his ex-wife, Alice. He knew he had legal rights. In fact, what he didn't have, he invented. Oh, but that's getting ahead of the story. When the rule-to-show cause was served on Jack Brooks, he at least had the sense to phone his lawyer, Attorney James Waterbury, who informed him his future looked pretty grim. You see, Mr. Brooks, by falling behind in your support payments, you're in direct defiance of a court order. Who? I should have my head examined the day I married that James. None of them are trouble ever since. I'll make it fun. How do I do it at this point? Well, the court allows you 10 days to prepare your case, appear in court, and attempt to purge yourself. Purge, merge. I don't get it. You have to show some legitimate reason for not paying the support. What can you say? I could plead insanity. Mr. Brooks, I don't believe you realize the seriousness of this action. Contempt of court can mean commitment to county jail for up to six months in this case. Oh, brother, that's real great. Six months in the pokey, and me with a wife and new kids. A real cozy situation. Uh, tell me, are you able to make a sizable payment on the support money you owe the $400? No, I'm not able. And I'm not ready or willing, either. I wouldn't pay that dollar dime if I didn't have to. I got a family of my own to take care of. That's neither here nor there, Mr. Brooks. I'm afraid you'll either have to purge yourself to show you are not in willful contempt or go to jail. If your earnings have been adversely affected in some way since your divorce, well, that's about all the court would consider. What do you mean? Well, the court ordered $40 a week support based on your salary at that time. Why haven't you paid it? Yeah. Yeah, I think I've got it. Yeah, that's it, sure. Don't worry about it today, Mr. Waterbury. I'll have it all set for you when I come to your office tomorrow. All the facts you'll need. Well, I hope you know what you're doing. Sure I do. Exactly what I'm doing. Just have to check my salary and work record with my boss Dick Garth. See you tomorrow, Mr. Waterbury. Hello, Dick Garth. Hey, boss, this is Jack. Yes. Look, you know about this trouble I'm in with the XY. Yeah, that's it. Well, listen, Dick, I've worked with you ever since I got out of service, right? Practically ten years. Okay, okay, eight, man, eight. Anyway, I've worked hard for you, haven't I? Very funny. Okay, Skip, the point is you've got a big construction job coming up and you can't afford to have me sitting in jail. Good carpenters are too hard to find, right? You'd be sunk if I wasn't on the job, huh? Uh-huh. You catch on quick. So this is what I want you to do. Tomorrow in court, you stand up and tell the judge that as my boss, you, Dick Garth, personally know that for the past year... Court has heard Mr. Brooks' employer, Mr. Richard Garth, testified that because of continuing illness, Mr. Brooks' weekly income is not equal to $125 he was earning at the time Court ordered support payments of $40 a week. Mr. Garth has further testified that he would estimate Mr. Brooks' average earnings during the past 12 months to have been not more than $75 a week. Does counsel for the defendant, Mr. Brooks, wish to enter any further testimony? No, Your Honor. Does counsel for the plaintiff, wish to subvene Duke Tickham and Mr. Garth's books in order to ascertain whether this is an accurate estimate of his employees' earnings? No, Your Honor. We've been in conference with counsel for the defendant, Mr. Brooks. This is a statement of protracted illness in reduced earnings. It is our belief that Mr. Brooks can purge himself of contempt of court charges by mutual agreement on a fair and equitable settlement for the arrearizing support payments. The Court is ever-mindful of the need for quick settlement and continued payment of child support. Never the rest of the defendant's willful neglect and failure to make the payments ordered by this Court is inexcusable. Your Honor, my client, Mr. Brooks, will take the gravity of his error and give assurances of prompt payments in the future. Counsel is certain his client understands the penalty provided by law? Yes, Your Honor. But what good will it do to incarcerate this young man and thus prevent him from working and earning for future support payments? Court agrees. What manner of mutual agreement has stated and defendant decided upon? Your Honor, the defendant, Mr. Brooks, has informed us that he can obtain $250 within one week's time. Now, my client, Ms. Harris, is willing to accept this lump sum in lieu of the $400 in arrearizing. If this enables him to make prompt future payments, he is willing to call it square. Defendant agrees to this settlement? Your Honor, my client is most eager to comply with the arrangement. Court enters an agreed order. Both parties will please side. Case dismissed. In less time than any of us could have imagined, Jack Brooks proved he hadn't learned a thing. It started in the evening at his home where Jack and his new wife, Noreen, were going over their sorry situation for perhaps a hundred... They should have seen Alice's face. It lit up the minute I admitted I could maybe rate two or $250. That gold diggin' doll. Honey, I've got only one question. Where are you going to get the money? Did I say anything about getting it? Well, I just wanted because unless you're holding out on me, we've only got $150 counting the check Yeah. But what happens when you don't pay up? We've got to live too, you know. I know. I'll be living on the county, I guess, for maybe as long as six months. You wouldn't really go to jail, would you? I'm mad enough to. That woman, I... No, I think the boss will come through with the extra dough, keep part of it back every... Honest, it looks pretty miserable, Jack. Sure it does. And who's the cause of it all? Can't stand seeing me with a wife and a family. What's her trouble? Maybe we ought to move away. We ought to leave this part of the country, Jack. How many times have my brother asked you to go in with him down there in St. Louis? I don't like it around here, Norine. Oh, sure. Everything's so nice around here. I don't care. I still like living around here. But you don't have to shout at me. I'm going out. What for? To do some thinking. Got any objections? No. No, not at all. Give me another claw and I'll tell you the sad story of my life. They tried to throw the old lob at your old friend Jack today. Yes, sir. But I outwitted him. Fucked the old Jack Brooks. He really tricked the old judge and the old ex-wife and her old lawyer. Matter of fact, they even fooled my own old lawyer. You know what I'll tell him, Claude? I tell him I couldn't pay that old battle actor money on the counter. On the counter, I've been sick. Yeah. It's gonna pay you no 250 clans. No, sir. Not even 250 cents, Claude. Yeah, just decide it. No paid old Alice, Claude. Hey, Claude, where'd you go? Hey, come back and listen. Hey, and George. Where are you, George? Take some attention. Old Jack Brooks is here. Yeah. What are the usual, George? Hey, you look more like old Claude. Hey, say you'll have to be quieter, sir. Okay, okay. I'm leaving. You know where I'm really leaving, pal? St. Louis. Sure. I'm taking my wife and my little kid and I'm shoving off for St. Louis tomorrow. Yes, sir. Just trying to get my 250 dollars that old judge. Try getting me back from another fatal mean and spiteful ex-wife. Can't touch me and St. Louis. I'm from Missouri. Show me, baby. No more George. I want you, sir. I want you. Don't push me. Don't push me. Come on. Get going. Just make me in St. Louis. George, he means me. Come on. Come on. Get going. I'm sorry. I'm sorry. Imagine meeting you on the street. Yeah. Well, well, well, well. If it isn't my mean and hateful old ex-wife in person, what you're doing out this time of the evening is our little boy. What's the matter, Johnny? Don't you recognize your old man? Don't you ever want to... Jack, for heaven's sake, get control of yourself. You just get control of yourself, old Alice. Got a couple of things you should know. Oh, stop it, Jack. Let Johnny and me go on home. First, you got to listen to just a couple of things. First, I've never been sick at all. But Boston, I just pulled wool over your eyes, kid. No, you wouldn't. No, wouldn't I? You know what else I wouldn't like? I wouldn't pay you that $250 ever. You're going to get nothing. Big round zero, you get. You know why? Because me and my wife and my kitty were taking the train to St. Louis tomorrow. No. Oh, yes, we are. And once we're in another state, we can't touch it with a ten-foot pole. No more money, old Alice Blue Girl. Don't meet me in St. Louis. Alice, meet me in... He couldn't even see his own son. Couldn't even see Johnny's poor little legs. He'd be only knew. He'd be only knew who he's really hurting. Alice Harris should have fooled me that very evening, but she was too shaken by her encounter with her ex-husband Jack Brooks. She called my office the following morning, sounding beaten and dejected. Oh, he's on my way home. Oh, I'm terribly sorry to hear that, Alice. Yet you're fortunate it can be remedied. But I'll can it, Elliot, without money. Jack may have been terribly drunk, but I know him. I know he meant what he said about taking his family and skipping to Missouri today. The children will never receive support again. Alice, you're forgetting your rights again. You give up too easily. Now, you've never heard of a rid of Neaxia. And neither has Jack, I'm sure. But he's going to know all about this rid in a matter of hours, much to his regret. I'm going to leave the court as soon as you can. Let the rid of Neaxia to issue to prevent Jack Brooks from leaving the jurisdiction of this court. Bond for defendant is set at $2,000. Bond for plaintiff, Ms. Harris, is set at $1,000. You'd better see that the deputy sheriff serves this rid immediately before the defendant attempts to leave the city. I'm going to leave you here with the bondsman. Because I'd like to accompany the deputy sheriff when he slaps this rid of Neaxia on your ex-husband. All right. But Elliot, I don't completely understand why I have to have a bond. That's to prevent unwarranted interference with completely innocent people, Alice. In your case, of course, there's no doubt that Jack really made all the rash statements you say he did. Oh, I see the point. But will I be able to get a bond? No problem at all. Most bondsmen will take a plaintiff bond. You won't have any difficulties. Now, if you'll excuse me, I'll keep this date with that show-me character who thinks he's skipping to Missouri. I don't think there's anyone here, sheriff. Looks as if the Brooks family jumped out of us, Mr. Roos. Let's check at that tavern on the corner. Apparently, that's one of our boys' pet hang-ups. Jack, sure, Brooks was in here this morning blowing about how he was heading for St. Louis, going into business down there, he claimed. Any idea how he traveled? Sure, I think he said the two quiddy out of the Union station. Jack, let's call Mr. Roos. We don't have much time, sheriff. We're good enough. I've phoned the railroad authorities. Good work. I'm swinging in here by the loading platform. Crack 18. That's over here. Well, it's the last day, coach. Wouldn't you know? They have to be in here. I thought I'm for sure. I can't. Wait. Huh? There you are, sheriff. Good. Hey, uh, are you a rough boy? I don't think so. I will see. You a Jack Brooks? Yeah, sure. What? Got a rid on the act for you, Mr. Brooks. A what? You have to come with me. Hey, what's a big idea? So we're just about to leave for St. Louis. Maybe you are, ma'am. This fella's going nowhere. Okay, Mr. Brooks. You've called every bondsman in the book and every friend you've ever had. You ready to give up? Keep your shirt on. This is a Friday night. Why do you expect me to get a $2,000 bond on a Friday night? I don't think it's the Friday night so much, Mr. Brooks. You tried to skip town. Who wants to go your bond? You guys are sure giving me all the breaks. I suppose you were giving your former wife all the breaks, running out on your obligations. Obligations? Very funny, Mr. Lawyer. Why shouldn't I take my family and get out of this state? Why should I go on paying her? I've got my own wife and kids. The judge reminded you once before that the court can't be responsible for these new obligations you've decided to take on. And that is for everything, don't you? Well, I want my rights. Look, I told you, Brooks, if you want to call your lawyer, there's the phone. Who wants my lawyer? That guy Waterbury's no help to me. I think what you really mean is you and your boss lied to your attorney. Let him astray. Now you haven't the nerve to face him. Haven't you, Mr. Bright Lawyer? What comes now? I can't get $2,000 bond tonight. Do I go home now or what? You spend the night here with us, Mr. Brooks. All night in the clique, huh? Most likely the whole weekend, too. A real great deal. And you know why? Because all the laws are made for women. Hey, tell me, Mr. Smart Lawyer, when are they going to start making laws for men? Mr. Brooks, the laws you happen to be screaming about aren't for men or women. They're laws for the protection of little children. Laws that tell irresponsible fathers their duties must go on for food, for housing, for education, for medical care. Like the special treatment your little boy Johnny's going to need. Well, Mr. Brooks, I can see I'm making a great impression on you. No, wait a minute. You said something about little Johnny. I said absolutely all I'm going to say tonight. Maybe a quiet weekend by yourself is just what's needed here, Mr. Brooks. Good night. Well, I didn't have much hope to tell you the truth. Jack Brooks had led a self-centered life for many years, and you don't change overnight. I've been in the thoughtful atmosphere of a cell in the county jail. So even I was hardly prepared for the near miracle that came to light on Monday morning when Jack Brooks stumbled me through his... Look, Mr. Brooks, I realize you're my ex-wife's lawyer and I probably shouldn't even be talking to you, but I've had a chance to do a lot of thinking in here. Good. I'm delighted to hear it, Mr. Brooks. Did you reach any conclusions? Any conclusions I reached about myself are for polite society, Mr. Brooks. I'm sure a guy to get pretty stupid before he wakes up. All this time I've had some kind of a crazy idea. This dough I had to come up with every week was strictly for my ex-wife Alice. All I could see is her spending it, living it up. Well, I kept my nose to the grindstone. Sure, I knew it was called support, but I never even gave a thought to the kid what it cost to bring him up and how my money was really going for that all along. Well, now I can see. Quite an awakening, Mr. Brooks. I don't blame you for not believing me, Mr. Roos. But this weekend I followed up on what you let slip about my little boy, Johnny. The sheriff here helped me find out. Johnny's got to have leg braces, Mr. Roos, and a lot of medical treatments. It'll take quite a bit of zone. Yes, I know. Alice will have to continue working evenings and Saturdays in addition to her regular work. Well, not if I can help it, Mr. Roos. I've got no love for her, but I sure can do extra work a lot easier than she can. You must have plenty of overtime for me. I've just been avoiding it. Kept thinking about just having to turn it all over to Alice anyway. Now things are different. If I can just get out of here, I'd like to share in the book. Your Honor, I've talked at length with the defendant Jack Brooks. I've come away completely convinced that the man deserves a second chance. Counsel for a plaintiff recalls what this man did with his first chance. Yes, Your Honor. I at first found it difficult to believe that he's had a change of heart. But I've discovered that he has his confused picture back in proper focus now. He's seeing clearly. Counsel does not feel a few more weeks of incarceration would help the defendant see even more clearly. No, Your Honor. He appears ready, willing, and able to square himself with his children. He has even indicated a desire to earn more salary and provide greater support to cover additional medical expenses for his son. I believe him. And I believe the court should give him the benefit of any doubt the court may entertain. He still has to face perjury charges for false testimony about his illness. And the best he can hope for is probation. Court has viewed many irresponsible parents in the past some worse, some better than this defendant. On the basis of that experience and his old investigation of him, Court has decided to dismiss the writ and release this man. Case dismissed. Here to summarize today's case dismissed is your Counselor, Dean John C. Fitzgerald of the Loyola University Law School, Dean Fitzgerald. In many civil cases, and especially in matters of domestic relations, participants often are victims of confusion. Alice didn't understand her legal right at all. And Jack completely misinterpreted his and went on to commit perjury, a criminal offense. Failure to seek and to follow competent legal guidance can lead to serious trouble and a litigation. In domestic relations cases of serious need, mothers can get assistance from the Cook County Bureau of Public Welfare, which maintains a court service division to help out in enforcement of support orders. In addition, the Legal Aid Bureau may help in certain cases. Before we leave tonight's story, I want to remind you that the legal points in the story are based on Illinois law and may not apply in your state. May I point out too that the facts in your situation will probably differ from the facts presented in this story. This difference in the facts may change the application of the law. So if you are in need of legal counsel and do not know a lawyer, get in touch with the Chicago Bar Association. The Association as a public service maintains a lawyer reference plan which will refer you to an attorney. Next week, WMAQ and the Chicago Bar Association take up some legal problems involved in installment buying on case dismiss. Until then, this is your counselor, Dean John C. Fitzgerald, wishing for each of you a good night, good luck, and good law. Case dismissed. Case dismissed is written by Robert Carmen and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters were fictitious and any resemblance to any person living or dead is purely coincidental. Members of the cast, Rosemary Kelly, Muriel Montel, Jack Lester, Phillip Lord, Harry Elders, and Claire Baum. Case dismissed is produced by Betty Ross, directed by Herbert LaTolle. Musical effects transcribed down by Tom Evans, engineering Harold Witteberry. Lee Bennett inviting you to return next Saturday at the same time when we'll bring you a story about your legal rights in installment buying on case dismissed. This is the NBC Radio Network.