You are here

I am about to fly to freaking Kansas

justmakingthebest's picture

Had a court date set, BM's attorney canceled it and now won't respond for a new hearing date. 

How can this be happening?!?!?

Has anyone ever called the other party's attorney and lost their mind? I wonder what would happen? I mean 14 FREAKING MONTHS we have been trying to set this hearing. SS gradates in 3 months. DH has been told by his command to "be ready" by Memorial Day for his deployment. I know they aren't leaving that soon (Yay for being the command Ombudsman) but it isn't far off. We don't have time for this to keep dragging on. 

BM is not aware of the upcoming deployment- we have told our attorney to keep it quiet because DH makes more money when he is gone and we know BM would try and get it even though SS is 18 and will have graduated. 

I am seriously losing my mind! I called our attorney and ugly cried at his receptionist today!  All of this stress because of an illegal order and BM lies!


CastleJJ's picture

Is there something your attorney can file against the other attorney or to force the court's hand? Can your attorney set a date? If this proceeds after SS graduates and ages out, can your attorney petition to drop BM's motion since SS is emancipated? 

notsurehowtodeal's picture

This. It is time for your attorney to take some drastic action. I have always thought your attorney was not aggressive enough - I understand why you have stayed with him, but maybe it is time for DH to put some real pressure on your attorney to do something about this.

I am so sorry this is happening at this time. You have enough on your mind!

WalkOnBy's picture

I would see if you could get your attorney to file a motion for a show cause order or a motion to require her to pick a freaking date and stick to it.  Typically, judges don't like to hear that attorneys are not responding...

I am sorry you're going through this - I know how frustrating it is to have a BM who knows how to delay and work the system.  

justmakingthebest's picture

That is basically what he said he was going to do yesterday, so hopefully we will hear something in the next few days.

thinkthrice's picture

Motion to show cause for the cancelation. 

justmakingthebest's picture

We think it's because she isn't paying her attorney! 

When the judge ordered the 32K (with no proof of her income or taking any other calculations into account- just what her attorney proposed without a hearing on the matter) her attorney tried to get us (through our attorney) to write him the check directly- he said no and that we were fighting it. 

halo1998's picture

but BM h as no incentive to speed it up.  It means she could lose they are hoping to sit on it...and rack up interest if its deemed all legit.


Rags's picture

This is exactly what the SpermClan's attorney did to my DW before we married.  Bury her in legal fees.  SpermLand courts granted DW full physical and legal custody and awarded her $110/mo in CS before SS turned 1yo.  After DW kicked him out when my FIL caught him with yet another 16yo.  When DW graduated from HS, with SS on her hip, and with honors she left SpermLand for Universiy out of state. That is where we met. I was in the last semester of my Undergrad career and she was in her first semester.

When the small town grape vine informed SpermGrandHag that DW was dating someone she fraudulently filed a custody suit (forged the Spermidiot's signature). That started an 7mo never ending multiple delay court case. The strategy was to bury DW under a pile of legal fees, flying back for repeatedly postponed court dates, and to force DW to give SS to SpermGrandHag.

We finally got to court two weeks after we married. That hearing was nearly postponed as well.  We told our attorney that it could not be postponed. When it was not postponed they dropped the custody element of the case as the hearing started.  8hrs  in court later DW kept full physical legal, CS was raised from $110/mo to $133/mo and a visitation order was added.  When they dropped the custody element they offered DW 50/50. She countered with 9wks of visitation, they then offered 26wks of visitation, DW countered with 9Wks, they then offered to accept 15Wks, she offered 9wks.  The Judge ruled that they got 7wks, chewed the Spermidiots ass, then closed the hearing.  As we walked out of court their Attorney told DW that they would accept her offer of 9wks. She laughed in his face.

They did manage to get DW to accrue $10K in legal bills.  Not enought to force her to give up her son. No amount of legal fees could do that. She is a great mom, and the SpermClan is a collective multi-generationl pile of shit.

They wanted custody, there was not a snowball's chance is hell that she would give up her son or tolerate him spending one second more than the CO required him to be with those people.

BM's attorney is adding legal fees to the mix would be my guess. It is certainly in the repertoir of the toxic opposition. It was in our case.

Good luck.