Homeless, Destitute Sandra Grazzini-Rucki Ordered to Pay Nearly $1k Month to Millionaire Ex Husband

The latest coverage on the #grazzinirucki case from journalist Michael Volpe….

Sandra Grazzini-Rucki maybe homeless, jobless, and penniless but that doesn’t mean should not be paying child support to her multi-millionaire ex-husband.

The court acknowledged that Sandra Grazzini-Rucki is currently earns no money but used the concept of imputed income to justify its ruling.

Imputed income allows judges to base child support based on an income level the judge deems is reasonable even if the party is not currently earning that living.

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That was the peculiar ruling from the Minnesota Court of Appeals authored by Judge Jill Flaskamp Halbrooks.

Judge Halbrooks upheld a decision by Judge Maria Pastoor of the Minnesota’s First Judicial District who ordered Grazzini-Rucki to pay her ex-husband, David Rucki, $975 per month in child support.

Jill Flaskamp Halbrooks

David Rucki is a multi-millionaire who received 100% of the marital estate along with sole custody of their five children in an even more bizarre ruling by Judge David Knutson.

Judge David L Knutson

Pastoor’s original ruling was even more bizarre because she made the ruling while Grazzini-Rucki was incarcerated for helping to hide her two oldest daughters after David Knutson forced them into the custody of her ex-husband’s sister, who the two girls insisted was abusive to them.

Grazzini-Rucki argues that the CSM erred by imputing potential income to her because the CSM (1) disregarded her actual income, (2) failed to make a proper statutory analysis, and (3) improperly adopted a level of income determined by the district court in a prior order. A CSM must calculate a parent’s income based on her potential income.” Judge Halbrooks stated in the order, justifying how a homeless woman can be forced to pay child support.

Judge Halbrooks continued: “Grazzini-Rucki asserts that she had no ability to pay child support because her employment with the airline was ‘in flux’ and that the CSM made ‘vague, generalized and conclusory findings’ that did not justify imputing income under Minn. Stat. § 518A.32, subd. 1.5 But these assertions misconstrue the record, particularly the evidence admitted during the September 2016 hearing. The CSM found that after Grazzini-Rucki was released from jail, she submitted a document in March 2016 that stated that she currently worked as a flight attendant Grazzini-Rucki testified, and the CSM acknowledged, that her status of employment was unknown at the time of the September 2016 hearing. But Grazzini-Rucki did not provide any evidence that her employment status had changed or that her employment had been terminated after March 2016.

While Grazzini-Rucki is technically still employed by American Airlines she is not allowed to earn any money unless and until her felony convictions are expunged.

The court acknowledged that Sandra Grazzini-Rucki is currently earns no money but used the concept of imputed income to justify its ruling.

Imputed income allows judges to base child support based on an income level the judge deems is reasonable even if the party is not currently earning that living.

In this case, Judge Pastoor and Judge Halbrooks have concluded that, despite having six felonies on her record, Sandra Grazzini-Rucki should be able to find work which pays her in excess of $40,000 per year.

Sandra Grazzini and her ex-husband David Rucki owned a trucking company during their marriage which generated millions in income, but Judge David Knutson, who presided over much of their divorce, ordered David Rucki to get 100% of their marital estate while ordering Sandra Grazzini-Rucki to pay child support after he also ordered sole-custody to go to David Rucki.

Judge Knutson ordered David Rucki to receive sole custody despite overwhelming evidence he is violent:  a bar fighta road rage incidentincidents of stalkingmultiple violations of restraining orders and choking his wife.

A child protective services report stated that his son, Nico, claimed that David Rucki stuck a gun to his head when he was eight years old.

Screenshot ABC 20/20

To add insult to injury, Lisa Elliott, David Rucki’s attorney, filed a motion on August 15, 2017, asking for Sandra Grazzini-Rucki to pay for all the filing fees- $3563 in total- which Elliott accrued since entering the case in 2011.

Attorney Lisa Elliot. Source: redherringalert.wordpress.com

Elliott did not respond to an email for comment.

Sandra Grazzini-Rucki and David Rucki reached what appeared to be an amicable divorce in May 2011, with David Rucki representing himself.

The judge who initially signed the divorce decree, Judge Tim Wermeger, even stated: “The parties were able to settle all issues arising out of the dissolution of the marriage including: child custody and support, spousal maintenance, disposition of real and personal property, and the payment of debts and attorney fees.”

Lisa Elliott joined the case a month after this divorce decree- which is supposed to end a divorce- was signed and the divorce has gone on in perpetuity since her arrival.

Judge David Knutson placed himself on the divorce shortly after Elliott’s arrival; Elliott and David Rucki claimed he was somehow defrauded in the initial eleven page divorce decree.

The Minnesota Court of Appeals would not make Judge Halbrooks available for an interview, saying she cannot discuss her cases.

Beau Berentson, public affairs officer for the Minnesota Court System, did not respond to an email for comment.

 
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Sandra Grazzini-Rucki Child Support Case Reaches Appellate Court

Our child support system was not intended to allow wealthy parents to go after poor parents or to allow the County to facilitate such a action. Also the System requires no showing that the children are not being supported with a home, the basic necessities of life, education, health care… what our System does basically is deprive children of the love and companionship of parents which is vital support for children” Attorney Michelle MacDonald, Oral Arguements: Sandra Grazzini-Rucki Child Court Case before the Court of Appeals

(5/24/2017, Minnesota) Oral Arguements in the Child Support Appeal of Sandra Grazzini-Rucki reveal the cruelty and vindictiveness of ex-husband, David Rucki (via attorney Lisa Elliott) and Dakota County (via James Donehower), who demand nearly $1,000 a month in payment from Sandra, who is lives in unimaginable poverty and does not even have the resources needed to secure her own survival.

According to Minnesota law Statute 518A.42 (2016) Subd1a.,”It is a rebuttable presumption that a child support order should not exceed the obligor’s ability to pay….

And Subd2.,”If the court finds the obligor receives no income and completely lacks the ability to earn income, the minimum basic support amount under this subdivision does not apply.” In cases where a parent lacks ability to pay child support is put on “reserve” and no amount is due until there is a change of circumstance. Minn. Stat. 518A.42 ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT

Though Sandra is currently homeless and destitute, and currently unemployed, which is well documented, she has been court ordered by Magistrate Maria K. Pastoor to pay $975 per month in child support to ex-husband, David Rucki. The amount of child support ordered is based on an imputed amount, meaning Dakota County has made up a figure they feel Sandra should pay.

The facts of the case clearly show that Sandra is struggling to survive and cannot afford to pay child support, while Rucki enjoys a luxury lifestyle and is more than able to pay for the care of the children without child support or any government aid.

Rucki’s Lakeville property (Zillow.com)

Magistrate Pastoor has taken great efforts to be placed onto the Grazzini-Rucki child support case. By “coincidence” Magistrate Pastoor shares a previous professional relationship with Judge David Knutson, who previously presided over the Grazzini-Rucki child support and divorce.

Sandra became homeless after Dakota County Judge Knutson issued an order on September 7, 2012 that forced her to vacate her home of 15 years. She was denied any due process when forced to leave all of her possessions, and forcibly separated from her five children as well. Judge Knutson told Sandra that she would be arrested and jailed if she refused to follow his orders. Judge Knutson then issued a succession of court orders that seized Sandra’s income, assets, savings and even retirement fund and handed them over to Rucki – which she has never been able to recover.

Sandra has also had to witness continued physical and mental abuse inflicted on her children by David Rucki. The children were further traumatized by a family court system that has enabled the abuse to continue and punished Sandra for trying to keep them safe. In April 2013, two of Sandra’s daughters were forced to go on the run to protect their own lives. Sandra has since been charged, and convicted, with 6 felony counts of parental deprivation for her role in assisting her daughters. The circumstances surrounding Sandra’s trial and conviction involved a multitude of illegal and unethical actions from Dakota County, and Judge Karen Asphaug. Critics have called the proceedings a “rigged trial”. It is unlikely that Sandra will be allowed to return to work as a flight attendant with 6 felony convictions on her record. She has not been working for almost two years and is considered unemployable. A spotless, 30+ year career as a flight attendant is now in ruins and with it, Sandra has been grounded with no relief in sight.

For a few months in 2016, after being released from jail and anticipating a lengthy probation, the State of Minnesota offered Sandra food support and a small amount of general assistance. Assistance was then abruptly terminated, leaving Sandra without the ability to obtain food or the ability secure the basics: soap, toothbrush, shampoo now are all “luxuries” beyond reach.

Sandra also lacks medical and dental care. She continues to suffer from the effects of a broken nose and fractured skull that happened in an incident while she was held as a prisoner at the Ramsey County Workhouse in November 2015. Sandra cannot remember what happened to her because the severity of the injury resulted in her becoming unconscious. Sandra woke up lying on the floor in a pool of blood, moaning for help. The incident has never been investigated, nor explained by the jail or by Ramsey County, it has become another of the many abuses inflicted on her. And still Sandra is breathing, and with every breath, fighting back.

This child support case is also ridiculous considering David Rucki, ex-husband, claims poverty even though he is a multi-millionaire who owns 3 houses (one home Rucki claims is a rental property so it generates income), owns several vehicles, retains all of the marital property, is the beneficiary of the Rucki family trust and was enriched after a court awarded all of his ex-wife’s financial assets to him, which he has never paid taxes on. Court records also indicate that Rucki is paying attorney’s fees in an estimated amount of $800 per hour…how can he afford this lifestyle if he is truly impoverished?

David Rucki’s property in Farmington, MN

Rucki has more than enough money and resources to care for the children on his own and does not need child support or welfare. And yet that is not enough for Rucki.. as long as Sandra is alive he will continue to retaliate against her… though he can not beat Sandra with his fists, he uses the legal system to wield a blow.

(Video published 5/28/2017 by Tim Kinley, host and producer of “Speechless Minnesota”)

 

For More Information:

Sandra Grazzini-Rucki ordered to pay $1K monthly child support 

Radio: Sandra Grazzini-Rucki and the Child Support Hustle with Guests Michael Volpe and Sandra Grazzini-Rucki (Marcus Echols). 5/9/2017.