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Friday, July 27, 2012

Latest in Sister Wives Legal Documents - Sister Wives Blog

Background: The motion from May where it was stated that prosecutes won't prosecute the Browns, and to avoid prosecuting any consenting adult polygamists later. Courtesy of the Salt Lake Tribune.
Sister Wives state's motion to dismiss for mootness.053112


The Brown's Response:
Brown Response to Motion to Dismiss for Mootness.070212

The State's Rebuttal:
Sister Wives state Reply Motion.071312

Kody's Declaration About his Family:
Kody Brown Declaration.072312

Read Away! Note: Robyn has not changed her name legally.

60 comments:

  1. I'm going to have to read the middle two twice.
    My favorite is Kody's Declaration, #13-16. In my 4th grade education status on legal word, I'd have to say, this case could be closed easily, except that the LAW didn't move quick enough to KODY, disrupting his attorneys schedule, and of course, causing him strife.
    It just tickles me to want a public apology for the police saying he was a felon. So, if I break the law, can I ask for an apology for being arrested? This is all crazy, and I am afraid they will win. LOOK at ALL polygamy sects.

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  2. So, in Krody's rebuttal he says:
    1. Their family was well-known as polygamists prior to the show.
    2. Was once told by ONE PERSON EVER that they were felons, but wouldn't be prosecuted due to prison/foster care resources.
    3. Goes on television anyway, knowingly violating a law.
    4. Gets mad when prosecutors say they would selectively pursue polygamy cases (meaning, you fly under the radar and not make a fool of the state legal system, you are probably ok/go on national TV and flaunt it, maybe not ok).
    5. Decides that their reputations have been HORRIBLY DAMAGED by people stating (truthfully) that they are breaking a law, and are indeed felons in the eyes of the law.
    6. Gets mad that people are calling them criminals (because they somehow aren't???)

    All this would be great if there hadn't been a law created well over 100 years ago criminalizing polygamy. Sorry your decision to publicize your family had some negative results, particularly when you were knowingly breaking a (non-obscure) law.

    How can they even have the guts to claim that they've been damaged by people telling the TRUTH about their g--d--- public flouting of laws/social services/"the system."??!?

    On that note -- my brain is about to explode . . . must find something else to think about for a while . . . :)

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    1. That's how I feel! He is something. He was on a political agenda from the beginning, and on welfare, getting away easy, breezy, and OFFENDED and wants an apology? THAT BLEW MY MIND! SPEECHLESS!

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  3. OMFG!! I'm trying to respond to this BS, w/o my ghetto fabulousness, taking over....UGHHHHHHH!!! SMH!!
    I rolled my eyes so many damn times, that they almost got stuck...lol
    Are U eff'ing kidding me?? Public apology???HAHAHAHAHAHAHAHAHAHAHAHAHAHAHHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!

    Then the Browns need to apologize to the state of Utah for taking advantage & utilizing govt assistance for 18+ yrs. Filing multiple bankruptcies, which essentially they've committed fraud!! Also, on top of apologizing, they need to start REPAYING back foodstamps, TANF, etc....monies owed back to the State of Utah!
    I still wonder have they made ANY attempt, to pay off any of their past debt/bankruptcies, while racking up a whole new set of unneccessary debts in another state??
    He has reached a whole new sick level of narcissism!! Is there such a word for this??

    Well in previous affadavits, they have made false claims, but turned around & answered differently in public tv interviews & via social network! There has to be a way that the State of Utah, can use their public admissions against them, bcuz the fear they claim & swear by on paper to live in daily is like day/night via social network! This needs to be brought up & used against them!

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  4. All the women are Brown with the exception of Robyn…she is using her maiden or her ex-husband's name?

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    1. Sullivan is her 'maiden' name. Jessop is her ex-husband's name.

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  5. Wow. I guess Kody had to come out as author of the final "declaration" because the lawyer realized he didn't have legal grounds to respond....some of the quotes were gems...

    "Standard contracts related to television shows and cast contains provisions negating any contractual relationship when an individual is accused of criminal acts."

    Well well well, now if TLC was going to exercise that option, they would have done so long ago. Maybe TLC is uses this as a bargaining chip with Kody to keep the expenses down!

    "We have continued to have difficulty with promotional and other contracts in light of our declared status as felons under this state law."

    What does this mean? Is Kody whining because they are not getting lucrative endorsement deals with big name brands like Priceline.com? Or does it mean that the LIV business is tanking because people just don't want to sell that stuff? And what are the "other contracts" he refers to here? Mortgage contract?

    And finally, this next made me laugh out loud....what a zinger!

    "Plaintiffs’ in their Memorandum of Points and Authorities in Opposition toDefendants’ Motion to Dismiss for Mootness ignore (or perhaps have forgotten) whattheir case is. Plaintiffs’ action is a pre-enforcement challenge to the constitutionality of Utah’s bigamy statute, Utah Code § 76-7-101. It is not, as they would seem to indicate at p. 9 of their Memorandum, a claim for damages or a claim for liability for past actions"

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    1. "We have continued to have difficulty with promotional and other contracts in light of our declared status as felons under this state law."

      Maybe Kody DID get turned down for that greeter's job at a casino -- don't casinos have strict rules against hiring people accused (or convicted ) of felonies?

      Maybe TLC is uses this as a bargaining chip with Kody to keep the expenses down!

      Ha! Paw print, I think you hit the nail on the head with that one! Something tells me that if this lawsuit is dismissed, and the Browns are no longer considered 'felons', and TLC has milked the last drop out this so-called drama, the show will be CANCELLED. Makes you wonder why this season was split in half...maybe to cut losses by not showing the remaining unseen episodes if this lawsuit comes to an uneventful end. TLC probably makes more money from the commercial sponsers buying time during The Big Fat American Gypsy show than those for Sister Wives anyway.

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    2. Oh PUHLEEEZE Kody...,the whole reason that TLC even agreed to have the show on the AIR to begin with is because you ARE living an illegal lifestyle...if you just happened to have a wife and three baby mamas and called it a commune or whatever then they wouldn't care. But use the P word and hang it onto some vague religious doctrine...and the fact that it's illegal and that you are riding on Big Love's coattails....then that brings in the ratings. Kinda makes you wonder why there aren't any reality shows around same sex couples raising families huh? Because it's not illegal, it's accepted, and IMO most same sex couples have more dignity than the Browns do.

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    3. Cynical Jinx, I think you are right. I keep in mind the legalization was part of the plan also. Absolute hypocrisy for polygamists in Utah to say they have "prosecution fear." Should be "loss of fame, freebie, easy street, back to reality fear!"

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    4. Say for instance the browns would have been charged. Could TLC have been charged for anything? b/c they are showing something that illegal. Like maybe aiding and abetting?

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    5. Is the state of Utah picking up the lawyer fee's for all these people in 'their official duty'? They should be and when they WIN... sue the browns for COURT COSTS... This bit-' my family left the state of Utah after prosecutors...' It is really tooooo bad that on these legal papers a DVD of a TV show cannot be taped onto it-the entertainment show that stars Billy Bush-who asks them 'why they left Utah?' and they all kind of nervously laugh and say the investigation was not the real reason...KODY ALWAYS WANTED TO LIVE IN LAS VEGAS AND THIS SEEMED LIKE THE PERFECT TIME/REASON! (google the Browns-tv interviews-Billy Bush and you will come up with it). They mention this somewhat in a different print interview-they are so low in intelligence-they can't keep their lies straight.

      This is soo bogus-say if by some RIDICULOUS REASON THEY WIN? Does that open the door for anyone in Utah who the Utah police EVEN QUESTION? can NOW SUE FOR RUINING THEIR LIFES? (even if it were for 10 seconds?-'hey, I was in the police station and that guy in the jail cell saw and recognized me-now all drug dealers think I am one of them! I want millions!!!). Is this the way the Browns(Kody) is going to 'try' to provide for his family? By suing? I guess why not give it a try-you can only declare bankruptcy sooo many times, in soo many years-gotta come up with a new idea after all-and you know with new ideas-WORK IS NOT GOING TO BE ONE OF THEM... SCAMS... YES... JANELLE WORKING 14 HOURS SHIFTS AND DOING THE FINANCES-if he can convince her... yes..... but not work for Kody-he probably already gave that Mac to Logan-here son-you will need this to do work for college-I DON'T NEED IT!

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  6. As for the admission that *the family was well-known polygamists prior to the show,* then why were there all those "woe is Meri" claims back then that she had lost her p/t/ volunteer job in Lehi because they "came out." These people spew lies as natural as breathing.

    An apology? How about *if and only* when they publicly apologize to all the taxpayers for all the bogus welfare they scammed, and to all the creditors they intentionally left hanging with their debts.

    They have the money now to plunk down deposits on their mini-mansions *knowing* how many folks they have scammed in their wake.

    Nasty and cunning people !!!
    Rather *un-celestially spiritual* too, wouldn't you say !!!??

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  7. They really need to hire someone to keep all their grifter lies straight!

    If they were "known polygamists" then why did Meri and Janelle both said they hid it at work? Christine also seems to forget she had a celestial husband and baby daddy when she filed for welfare & bankruptcy.

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    1. EatingCreamof WheatRightNowJuly 28, 2012 at 9:17 PM

      Actually Meri did say back at the time that her employers and coworkers all knew, but that it was kept somewhat on the DL. That's why she claimed to be surprised when she was fired after they outed themselves.

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    2. Since the juiciest storyline on the TLC table back then was to be the 12th hour exodus from Lehi to LV, perhaps padding the drama with alleged "job firings" was simply to add to the frenzy and justification of it all.

      Doesn't it ever occur to these people how much they have lied even to their children?
      In those tearful scenes where they told the kids that they were all moving in "3" days, I don't remember it being said "we've lost our jobs," which, if true, would have been appropriate. Instead the kids were told that we have to because the police are after Daddy.

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    3. Sadly Amused, it's like what Balloon Boy Falcon Heene said on the CNN interview..."we did this for the show"

      I have always felt this whole we are being persecuted show angle was engineered by the Browns to spice up their rather mundane reality show (that Halloween episode for instance had to be the worse).

      Kody Brown is no better than Richard Heene, who cried on national tv how his child was in that silver balloon flying off into the stratosphere, when in reality, the child was hiding in the attic -- obeying the orders of his dad. It was all a publicity stunt..."for the show"

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    4. Cynical Jinx, Perfect analogy.
      It still blows my mind that those *parents* would yank the floor out from under all those kids simply for fame and fortune.
      But as you pointed out, that Heene guy was willing to do that to his kid. Creepy thing about the Browns debacle is that Kody and *all four mothers* agreed to do that to those kids.

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  8. I don't understand much of these big legal documents, have some questions. It also includes the previous point that the judge questions why the law decided to make it moot.
    Please feel free to correct me. As you all know, I'm not that educated.

    1.County officals put in to end the legal issue of Browns.

    2.Browns lawyer basically says, oh no you don't, because they want this to go all the way, as all of us that are in or are connected to family members knew was the reason for the show to begin with.

    3. Kody shows his complete, scary, arrogance that comes with any man connected to a polygamy sect. They are better set with money that ever, in the AUB, any polig sect world which includes many groups etc.

    Now it seems the cops, county are in more trouble than Kody for trying to dismiss it, from the judge?

    Can en educated poster decipher in easier shorter wording for me. #1 and #2 and #3?

    To us that have left the sect, this is scary to think it's gone this far. What you might not realize is that many many officals are in polygamist what I call cults. There are so many off-shoots its silly. We think they will get their way. Many are wrose than jeffs but small. Kody will abandon his ties and start a new group, where he is prophet. This has gone to his head.
    Christine and Kodys relationship has suffured not because of robin but because they were partners in crime on this project, and she knows where hes headed now, and it breaks her heart. She was a very pampered gal. But I really got upset when she said she didn't have money to go see her dad, which was 61 miles away in 2005, for she really has been a good girl polig, and wasn't abused as a child, and if she wanted to see her dad, mom could of sent her the money, or she could charge it on her credit card. I hate to see her lie in public for a stupid show.
    Sorry if I went on too long.

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  9. If I lived in Utah, and the State apologised for prosecuting the Browns, I would be annoyed enough to protest. This man's arrogance astounds me contstantly, Utah needs to grow some balls, prosecute, and jail this man for breaking the law. And his "wives" need to be charged with fraud for the constant misuse of the welfare system. doesnt any Utah offical realsie they are laughing at them? Arghhh!

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    1. They will let it slide because even though the LDS do not practice polygamy, they believe when they reach the next life they will! LDS are sympathetic to polygamy for this reason, Their beliefs are not really opposed to each other.

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    2. Anon 8:37
      "doesnt any Utah offical realsie they are laughing at them? Arghhh!"

      Based on my research on the topic of politics and polygamy,I believe they are laughing WITH them not AT them.

      Delete
  10. EatingCreamof WheatRightNowJuly 28, 2012 at 9:14 PM

    Gladys, you constantly call yourself "uneducated". You might be short on schooling--but your humble spirit, wisdom and honesty earns my respect! Bless your heart. BTW, your short and sweet summary sounds just about right to me.

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  11. Isn't this something? Kody's pissed he's not being prosecuted, and wants an apology?
    When is the last time we've have such a thing in the news, where you get your illegal way and still complain? Does Kody have a Persecution complex much?

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  12. Anonymous 8:37:
    I am sooooo right there with you. And this might be just enough to drive quite a few mainstream LDS right around the bend. They realize that all these "fundamentalist" branches and their exploits serve them up to national ridicule and derision, guilt by association, and mockery. If the mainstream LDS keep their mouths shut, the rest of the country will paint them with the same brush.
    What I'd like to see: Steve Young joining the state's team as outside legal counsel. Imagine this, All Star NFL quarterback turned super hot Stanford educated lawyer versus the douchebag! With the tv cameras a-blazing"! The contrast would be OUTSTANDING!

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    1. You know, really most of the mainstram LDS don't have a clue about their own history and doctrine and IF they do they try so hard to cover it up it is pathetic!!! I am amazed at how much more anti LDS know about Mormon doctrine than Mormons do. I say it's best they just keep their mouths shut lest they should appear as hypocrites!!! Polygamy started with them!!!

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    2. robotmonkey,
      I was surprised to find out (at least via Wikipedia), that there were over 200 Mormon (most of them fundamentalist) splinter groups. I would also like to know more about why the LDS went after the Reformed Church of Jesus Christ of Latter Day Saints (founded by Joseph Smith III), suing them so they had to change their name to the Church of Christ, while turning a blind eye to the child abuse, abuse of women, and welfare fraud in Mormon-heavy areas like Utah.

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    3. SheilaAnn: I think you mean the Reorganized Church of Jesus Christ of Latter Day Saints. The True Church of Jesus Christ of Latter Day Saints, or Reformed Church, was actually the anti-polygamy sect that broke away in 1844.
      Also, I think that they went after the Joseph Smith III sect because, being Joseph Smith's son, he was a larger threat to the hierarchy in Utah then the no-name off shoots. Better to discredit JSIII than go after the poor, crazy cousins running away to Antelope Island or Mexico. Just my guess.
      I don't think that they really care that much about child abuse, domestic violence or welfare fraud. They seem to care more about their tithing than anything else, and most of the polygamist sects are chump change.
      Anonymous: Oh, they know about it. Once again, poor crazy cousins that people don't want to think about much. It's embarrassing.

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    4. Hi robot, you're right-I can't believe I got that wrong. It is the TCJCLDS or Reformed Church. The name of the church is now called the Community of Christ, not the Church of Christ: http://en.wikipedia.org/wiki/Joseph_Smith_III. At a glance, it seems they're more liberal that both the FLDS, AUB or LDS- blacks were never barred from holding the priesthood, IIRC, and since 1984 women can become priest. From the wikipedia page: "It is not pleasing to God when any passage of scripture is used to oppress races, genders, or classes of human beings. Many violent acts have been committed against some of God's beloved children through the misuse of scripture. The church is called to confess and repent of such attitudes and practices."

      I did say slightly more liberal-the CofC still bars GLBTQ members from being ordained, although for a period they did allow partnered GLBTQ members to be ordained, and those who were ordained before the barring occurred were allowed to keep their offices.

      The group is anti-polygamy, although not without scandal, as you can see by the "Criticism" portion of the page.

      Sorry again for the errors- I don't know where my head is at.

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    5. Oh, man! How can any one person keep them all straight in their heads? Kinda like Kody and 'kids'!

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    6. atethecreamofwheatlastniteJuly 29, 2012 at 8:02 PM

      SheilaAnn Just {Not to harp, just to clarify}

      "I did say slightly more liberal-the CofC still bars GLBTQ members from being ordained, although for a period they did allow partnered GLBTQ members to be ordained, and those who were ordained before the barring occurred were allowed to keep their offices."

      The church you are referring to is the United Church of Christ. The Church of Christ is one of the MOST conservative evangelical religious groups in America. It has nothing to do with anything Mormon--at all. It has nothing to do with the United Church of Christ. It does not have ordained clergy at all, though its "lay clergy" generally always has a bible degree from a CoC college [Abilene Christian (my alma mater), David Lipscomb, Harding are the favorites]. It does not allow any openly GLBTQ members or even any women to hold any type of leadership, period. To be an elder, one has to be a man who has a wife.

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    7. atethecreamofwheatlastniteJuly 29, 2012 at 8:24 PM

      Or did you mean Community of Christ by CofC? If so, sorry--it got a little confusing :) so I went back and read again to see if I misread a line--which I believe I may have. Anyway, just in case anyone else did the same--

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    8. Hi ate,
      By CofC I meant Community of Christ- I should have clarified.

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    9. OMG! Sheila, You had me scared. With that Church of Christ comment. that's the church I went to as a child and was baptized and married in. Even though I haven't been to church in years. And don't plan on going anytime soon. So the Church of Christ is not related to Mormonism?

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    10. Foot- no the Church of Christ is not polygamous. The Community of Christ isn't either.

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  13. I know this has nothing to do with the with the lawsuit. And I'm sorry but I have to say this. I am on episode 5 of the show Big Love and I am seeing so many similarites to the Browns it's not even funny.I mean some of the stuff on this show I have read in your recaps. If I didn't know better I would think the Browns were a fake family. Again sorry, for posting this but had too.No one else I know has seen this show

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  14. No problem Foot...!

    I was a Big Love fan when it first came on HBO. You are right about some of the similarities - Nikki Grant (wife #2) was polyg royalty as her father Roman was prophet. Barb (wife #1) couldn't have more children, which led Bill to return to his fundamental roots. And Margene was...well...Margene.

    Anyway, I think Kody must have been a fan too - wanting to have his houses together with a common back yard, although, Bill did have a job (as owner of HomePlus) and his houses were comfortable, but far from being McMansions like the Browns are drooling over. And later on, Margene does have a jewelry business and gets into MLM selling something called GojiBlast.

    If you want to dish about the show, feel free to drop me a line! It's great to see another Big Love fan!

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    1. (tried replying just to the Big Love comments but the link wasn't active right now)

      Foot and CJ,
      I too was an avid Big Love fan. In fact, because of having followed that show throughout its run, I then gave Sister Wives a look.
      Absolutely, the similarities between Big Love and the Browns are not to be missed, including when the wives feared that Bill would be arrested.

      By the middle of SW's first season, out of frustration with the show, I googled for honest feedback about SW..and found SWB. A happy day !!!
      So in reality, it is because of Big Love that I found Sister Wives Blog. :-)) !!

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    2. Hi Cynical,
      I wonder if anyone would be interested in recapping Big Love? I know the AV Club (pop culture site), does something called TV Classic-recapping shows that have been off the air but were popular. As a Big Love fan, I would love to see something like this.

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    3. CJ,I tried to email you but the link don't work

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    4. Did you try this address? sister.wives.blog.usa@gmail.com

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    5. I fixed it. I had to download some updates. and then it worked.

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  15. I am going to do some searching and see if I can't find Big Love on line somewhere. Anyone know if it went to DVD in which case I could rent it?

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    Replies
    1. Thank you! Will be hitting the video rental store.

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  16. I wonder if they are going to play this out on the show, or be mute on the subject?

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    1. Are they allowed to bring it up on the show?
      Either way, their show is too inconsistent/messy/poorly scripted and edited, so even if they brought it up it probably would be in a way that it doesn't make much sense anyway.

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  17. why would robyn have not yet changed her last name?? thoughts? conspiracy theories?

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    1. Maybe she has reached the max number of legal name changes?
      Sullivan is not "really" her family name, her biological father is someone else.

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    2. She'd rather spend the $$ @VS & for big tubes of KY jelly....HAHAHAHA
      U know she's tryna keep the "Honeymoon' phase alive & going, which that's a delusional joke in itself! :D
      Oh yeah, she's probably planning to break camp & get the hell outta dodge, when all the $ & fame is gone. It was actually last year about this time, or maybe early Fall, that Robyn had tweeted something like, She wants to get her name changed around the holidays, but didn't have the $$ to at that time. You know she had to pitch in 1/4 to buy Kody that assault rifle....smh Also, at the same time, she was tweeting about her new purse, just in time to do holiday shopping, b/c she loves to shop...
      The Brown's Christmas 2010 & 2011, were like night & day. In the 2010 episode, the main attractions were Meri's homemade pj's & they did a "fashion show" in the living room, etc..
      Christmas 2011, was lots of presents. Now, I know that TLC only showed us them exchanging gifts w/ each other. Now I know, that each mom took it upon themselves & got some good gifts for their own kids & had their own lil celebration & probably did it when Kody was in rotation. The older kids were tweeting about shopping & getting Sets of Blu Ray disks & books of Harry Potter, Twilight, etc..Also,on their website, they did mini bios on each of their kids, & they have multiple game systems, games, phones, Ipods, etc...bunch of electronics. Of course, the car that one of the girls got + multiple trips to Disneyland, roadtrips, etc...I'm still wondering if they attempted to pay off any of their existing debt, prior to TLC? Time will soon tell!

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    3. I don't for a second think they are paying off any debts. If anything, they may be wrecking up more!! They for sure are blowing through TLC money & any other money they may he gotten/made. I don't think they have a budget/financial plan at all and I wouldn't be surprised if they're just blowing and blowing through that cash.

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    4. There could be a few problems with Robyn's name change. Just from glancing over the Clark County name change paper (http://www.clarkcountycourts.us/shc/shc%20packets%20and%20documents/Packet%205.pdf) it seems like there could be problems with the process if she's still paying off past debts under her previous name(s).

      Second problem is that it is a lengthy paperwork process, which requires (gasp) NOTARIZING and WALKING TO THE THIRD FLOOR OF THE COURTHOUSE. Also, they must publish this information in the local paper three times. None of which I'd mention except I feel like this family is exceptionally lazy.

      Finally, the cost IS pretty steep. A paralegal service offers the entire package (including the legwork, filing, etc.) for $1025.00. Maybe Kody should try tweeting a shout-out to the paralegal service and see if they will do it for free, lol.

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    5. It's always great to have 3 different names going in one family! Keeps her separate from the rest - and Kody wondering.

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    6. Maybe she should use her grocery money.

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    7. Maybe she hasn't had time to memorize Kody's last name

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  18. Too busy trying to change the Constitution? LOL

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  19. Kody's second declaration about his family looks like it was written just like their book: each person wrote a separate section and they put it all together. Why else would they have multiple points saying that the family continues to suffer (unnamed) harm and that they haven't received an apology?

    More to the point, what kind of crappy lawyer do they have that can't even write a succinct brief?

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    1. The same attorney that represented some of the Bin Ladin family.

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  20. Surreal. It demands a Kody haiku!!!

    Break law on TV
    Flee when someone notices
    Demand apology

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    1. hahaha!

      Is this the first SWB Haiku?

      like!

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