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Monday's hearing details-- Long but I shortened as much as I could!

justmakingthebest's picture

Quick backstory for any newbies: My SS18 has been severely alienated, my DH has not been able to speak to him in 2 years. We are long distance (BM moved away and established residency while he was deployed). Their first divorce was illegal and had to be thrown out. It has been one disaster in court after another for the last 8 years. Last year, while my DD was fighting for her life in a hospital, BM filed for back CS going to when she deserted the marriage. They were working on a temp order, which DH paid monthly without fail, but BM would never disclose her income- so it never got fully settled. She somehow got it signed and through the system with her calculated at $0 and going back to day 1. Also- an illegal order months before SS turned 18. It was her final money grab. 

On to the hearing Monday:

Dh and I walked in fully prepared to give a 5K settlement and walk away. She wasn't due that, in fact when calculating out all the missed flights she was supposed to reimburse us for, she owed us quite a chunk- but we wanted it to end. 

The lawyers did their little meet with the judge before the hearing and the judge said "I don't even know why we are here, I have already reviewed this case". Our lawyer stressed that her income was never accounted for, travel wasn't accounted for per long distance parenting CS calculations, the child is 18 and graduated so CS should have stopped in May, and we have multiple contempts to have reviewed.

Judge said no. He isn't hearing any of it. Our lawyer claims that he said "This whole case has been screwed up from the beginning. Settle it between yourselves, I'm not listening to any of it and if you don't have BM's paystubs here today, I'm not changing anything in the calculations or imputing her income." - we never stood a chance. 

We had no choice, we had to settle. We started at 5K, she wanted 32K (6K of which we already paid down so really 26K). There was a lot of back and forth. We picked up our stuff and walked out of the conference room and moved ourselves into the court room demanding a hearing at one point. They came down to 20K, we were at 13. Then we said- 13K cash today AND SS18 can have all of DH's GI bill for college. That is 3.5 yrs books and tuition and E-5 BAH for living expenses. BM said no. She wanted the full 20 for herself. 

Our lawyer kept pushing us to settle and give a big lump sum that day. I kept asking him what was in it for us to do that? We already pay $1500/mo for the kid. We budget and live like that now. How is wiping out our savings beneficial. So what if we keep paying for 1.5 yrs? She doesn't get a lump sum, her attorney doesn't get a lump sum. We get to keep our savings. -- He said if we settle for the 20K we save 6. The judge isn't going to award anything in our favor if we force him to hear anything, he made it clear. -- Once again, so what? Paying her anything today benefits her. Not us! Her lawyer, Not us! 

In the end we settled for 20K, 10 paid out at court the next 10K over the next 5 months. I'm so disgusted I can't stand it. 

Her lawyer did tell ours at one point that he had never been paid and while the judge came in to record our settlement her attorney asked that the check we wrote be made out to him, and the judge ordered it that way. So at least BM didn't get a penny of that, but we paid her attorney. 

I did get to call her Thundercunt to her face and told her that she is going to burn in hell for everything she has done, that made me feel good. The only person in court with her was her daughter, who recently got married and has a toddler SD herself now. I told her that I hope she experiences stepmotherhood like I have had to and that her SD's mother is just like BM!  

Whatever, a few more months and it's over. All we have left is 1/2 of college for SS. We did get it recorded that DH is using the GI bill and that SS and BM have to cooperate and follow the guidelines in order to get those funds. Not that they will, but we have it on record. Since we aren't allocating SS to have the full GI bill though, he won't get the living stipend. We are still considering if we are going to kick him from health insurance. It will really be determined on how he acts over the next couple of months regarding getting everything lined up for the GI bill and if he does respond to DH. So far, it's been 2 days with no response about getting his college paid for. Shocking right? To think when he was young, he was such a good kid...Now my attitude is F them all. 

We aren't going to fight BM anymore, we can't win. We are still considering filing a complaint with the judicial review board. We are also considering taking a billboard or starting to post in community pages to see if this judge has a history of refusing to do his job for military or other out of area parents. The fact that he REFUSED to even hear the case has to be illegal. That's literally his job! My SIL was talking to us about trying to find a lawyer that might do a class action suit against the county if we did find that he is blatantly discriminatory against military fathers. I don't know what we are going to do. Mostly I just want to move on with my life. I wish that I had to perseverance to fight the injustice, but I don't. I'm tired. 

Comments

TheAccidentalSM's picture

I'm so sorry but at least it is nearly over.

I'd leave SS on the insurance.  If you drop him, it might give BM inspiration to go back on the GI bill stuff and try to cause more havoc.  Once you've got the college bits sorted out, do what you want with the insurance.

thinkthrice's picture

The Judge obviously disliked your DH and his attorney.  You would have thought that bells would have gone off in the judge's head when the judge heard that the BM's attorney did not get paid yet..   And that old chestnut on GI Bill  "Work it out amongst yourselves and cooperate."   Plain LAZINESS!

Is this an elected position?  If so, I would do everything to back that judge's opponent in a primary or general.

This is very reminiscent of when Chef went to court, and the magistrate knew the Girhippo personally, as the Gir was working as a CPS worker, of all things, at the time.  Now she is working at the local VA with veterans which is terrifying. The magistrate and Gir practically high fived each other as they went into the court..

It also reminds me of being a landlord in eviction court in the city of Rochester, New York in the 90s.  There were several judges that are still there who refused to hear cases against tenants and would start the court by saying. "Do you know what the problem with housing is?  Landlords!"   Then immediately close the case not hearing any evidence.  I imagine the problem is much worse now.

justmakingthebest's picture

It is an elected position. DH and I keep "joking" that we are going to retire in that county and one of us will run agaisnt him. You don't have to be a lawyer to be a judge in KS. 

It is just disgusting. There is no other word for it.

ESMOD's picture

To be honest... you should be refusing to pay your attorney for his work.  It is his fault that you did not have the income information.. no way that should have been ever an issue.

And.. I agree that the judge either dislikes your DH.. (maybe hates military?).. or hates him personally if he has been a scheduling issue? or was a kid with a "deadbeat dad" who has a bone in his mouth for guys he sees as being a problem?

Maybe he is irritated at the times your Dh has been before him complaining of her contempt issues? 

Or maybe he dislikes  your lawyer... hindsight is 2020.. and I understand that there were few options.. but the guy and firm  you were using obviously was not competent.  

just horrible all the way around.. and your DH did get his butt handed to him.. and there was little control you had over any of it.

CajunMom's picture

I got nothing except a virtual hug. I'm so sorry. 

Felicity0224's picture

I don't even have words for how disgusted I am with this outcome for you. It's nothing short of vile. I wish there was some way for you to complete a judicial complaint without having to be active/involved because of course you're exhausted! But this "judge" has NO business being in that position. Whether it's incompetence, laziness, or outright corruption, something is very wrong.

I'm so incredibly sorry that it turned out this way for y'all. It is an absolute injustice.

justmakingthebest's picture

What kills me and does make me want to persue having this "Judge" investigated, is that DH and I can financially handle it. It sucks, don't get me wrong. I have a kid going to college next year too, and another who needs a car this year! However, we will be fine. 

What if the next guy is much lower in rank? Doesn't have a "new wife" who can cover most of the household while the fight is happening? Something needs to be done to stop this man who is allowing BM's like ours to alienate and solely use father's a paychecks. 

 

thinkthrice's picture

There aren't more suicides amongst men who are trying to be involved with their children and who are getting railroaded financially.

CastleJJ's picture

I am so sorry. As you know, the judge in our case failed us miserably too and is refusing to ever hear our case again even though SS is only 11 and we concluded court when SS was 8.5. The judge literally told DH, "Pay your CS, see SS during your CO visitation, and let the rest go. BM and GF are going to raise SS." This further enforced to BM that DH is nothing but a paycheck and she gets to play "happy family" with GF. It doesn't impact us financially but prevents us from ever seeing SS more than 6 weeks a year. DH will never gain more time with SS and we will miss so much of his childhood. The judges need to be held accountable but without reform, it will never happen. 

I hope you are able to find peace knowing that in 5 months, this is all done and you can finally heal from this nightmare. Know that BM will get her karma when she blows through her money and has nothing left or is bitter and alone in old age. Karma comes for them all at some point, even if it is far out. Find peace knowing that BM lost $10k to her attorney. I am glad you got to speak your peace to BM, but I know it probably wasn't enough. So many hugs to you. 

NotYourAverageStepMama's picture

dime and would definitely want this judge investigated! I don't understand how he can get away with not hearing the case and won't even look at anything. I would also report your lawyer to the bar. I really think it is either discrimination or somehow both the lawyer and judge get a piece of that money and that is why BM wanted the whole $20K to pay off her lawyer, plus give a piece of the money to the judge and the lawyer. Might be totally off base, but for him to just not even hear or look at anything is WRONG.

I am so sorry for you and your family!

justmakingthebest's picture

DH and I have believed something was going on with her attorney and the judge for years but the way this all ended... maybe our attorney was on the take too. Who knows. I'm just glad it's almost over. 

grannyd's picture

OMG, Hon!

Fifteen hundred bucks a month?! For one kid?! I can guarantee that karma will arrive for 'Thundercunt' when that huge grab ends. That's a month's rent on an apartment or a month's groceries for two people or payment on a luxury car, etc. That lying, cheating, PASing scum is bound to suffer, financially, after she burns through the twenty grand that she screwed you for and HAS to work hard for a living.

My dear girl, this entire fiasco with BM has infuriated me for years; her latest insult has filled me with such impotent rage that I'm breathing deeply to calm myself. AAARRRGGGHHH! If there is any greater wrong than such flagrant injustice, I've yet to discover it.

 

justmakingthebest's picture

$1500 for one kid in a town with no stoplights! Her house was literally 45K! We looked it up when they moved. That's less than a $400 mortgage! Everything is cheap there. 

SteppedOut's picture

You paid her entire house expenses including food. 

 

advice.only2's picture

I’m really sorry to hear this and I wish I could say I am surprised.  In all the years DH was in and out of court with Meth Mouth the judge always acted like DH was some deadbeat who ripped Spawn away from Meth Mouth, and he was always having to defend his actions while Meth Mouth getting arrested and failing drug tests was just shrugged off.  They also had a CS case happen (Meth Mouth lied and claimed she was never paid CS or spousal) and DH had to do all the leg work to prove his case, he even had to produce her marriage certificate to her second ex for the judge.  Meth Mouth just had to show up with a sh@t eating grin on her face the whole time.  Family courts are the worst.

justmakingthebest's picture

It's just crazy to me that women don't have to do anything, just stand there and be handed $$$

advice.only2's picture

Also I love that you called her that name and said what you did to her daughter, I'm curious what was their reaction?

Exjuliemccoy's picture

What. An. Odyssey. Of. Excrement.

I bet you and your DH are just completely spent. I hate that entire backwards county for you. We stalkers must remember to make a symbolic visit to the lavatory anytime we fly over Kansas.

CastleJJ is right - karma will catch up with that awful woman, and hopefully with that pitiful excuse for a judge as well. Now it's time to focus on healing. Write the checks, relish the fact that BM isn't even getting a large chunk of it, and start the process of letting go. (((hugs)))

justmakingthebest's picture

LOL! I love that! 

Karma will get her, and if it doesn't, God will set it right. We do our best and we are good people, that's all that matters. 

Stepmonster15's picture

The system is SO fucked and geared towards BMS even if they're shite at their job. DH also got shafted by the system. After BM and him separated they had 5050 and he was still paying full support with no offset. He went to work 3 on 1 off to support BM and SSx2 for 2 years because he was drowning financially in debt from supporting them. He comes back to work in town and asks to gradually go back to 5050, BM says no. Slaps him with a court order for retroactive support because it was never increased when he was working 3 and 1, and files for primary parenting because he's "an abusive, a dead beat father, drug addiction that the kids are afraid of." We battle for 3 years to even get 30% parenting, in the meantime more time is withheld, he goes almost 4 months at a time without seeing the kids because she won't send them out at agreed pick up times, wont let him take them for lunch or to the park, and guilts the kids that they havent spent enough time with her, etc. All for BM to get 15k in retroactive award and DH to get 4 days per month to see skids who have turned into little terrors. 

I empathize with you whole heartedly and I am glad that you are almost at the end of the nightmare. 

justmakingthebest's picture

My heart goes out to you and your husband. The system is all about collecting for the loser BM's.

 

ICanMakeIt's picture

I'm probably a horrible person, but knowing she got all that undeserved $ I'd drop the insurance in a jiffy and let her have to spend some of it on insurance for HER child since she can't seem to understand the child WAS both of theirs at one point. Make her spend the money on the kid where it should have been going all this time. 

I hate this for you guys but glad it is over! 

justmakingthebest's picture

See, that's where I'm at! She was willing to trade it to benefit herself, so why wouldn't we drop it? 

CastleJJ's picture

I agree with this 100%. SS doesn't get to be HER child when it benefits her and OUR child when it doesn't. No way, no how. If BM is so deadset on SS being HER kid and her kid only, she can foot all of his bills. 

Thumper's picture

JMTB, You keep him on Tri Care because that is the right thing to do. As much as you want to stick it to bm it's best to ride it out until Tricare no longer applies.  

I totally get it..we are were YOU are, we have been where you have been. Ours will likely never end while dh is no longer alive. NO it is not about alimony or arrears. 

.Our bm is rolling in dough in spite of having felonies, claims she can hardly work and she is poverty stricken, on paper. 

There is NO one that can explain  how security clearence husbands like yours and mine ( and many others) can get the shaft shouved UP their asses for 10, 20 plus years. Paying rediculous amounts of money in child support, health insurance PLUS  f'n pro bono lawyer fees for these women because they are pooooor single married moms. You read that right, Poor single married moms. 

But you know what JMTB? We would never change our lives OR want to be in bm's shoes. Never ever.  Like you we are GOOD people. We have a good life, an honest life.  It is pricless in my book.

F them. 

Start a fire outside, have a cocktail or two. Take a deep breath than exhale. It's gonna be ok, ok?

justmakingthebest's picture

We were able to get it recorded that she had to comply with the GI bill's requirements and that's how DH is paying BUT I have no doubt we will get screwed over later when it comes to paying college!

AlmostGone834's picture

"Thundercunt" ROFL

After everything you have put up with, I don't know how you refrained from diving across the room, strangling the b*tch, and sending her back to the hell from which she came. Seriously, I've read all you've been put through with your DH's baggage and all I can say is that you are a saint and your DH is sooo lucky to have you. You've been a blessing to OSS, supportive of your husband's military career (which has often left you holding the bag with OSS) and tried incredibly hard to facilitate a relationship between your DH and that ungrateful POS YSS. I hope now some peace and good fortune will come your way after all this.

justmakingthebest's picture

I hope we have peace too. 

I think once the last payment is made and we will be able to breathe again. Right now, I'm still mad. 

I love this man so much... he is my hero. He makes me feel so safe and loved. He values me. He appreciates me. He spoils me! We are lucky to have each other. We both had some real crappy marriages before, but I think this time- even with his leftover drama, we did things right. 

DPW's picture

I don't even know what to say. I had really wanted a favourable outcome for you. You all deserve it after all this. I'm so sorry.

Your BM is my top 5 list of those I despise on ST. Grrrrr.

Lillywy00's picture

I would have asked that the judge recuse himself from the case if he can't do his job properly or tried to get my lawyer to move my case to a different court/different judge. 

Here we have 2 courts for family sorts of issues. 

Try filing an appeal

Rags's picture

attention.

It did after our first hearing. I contacted the local News Paper, took out a full page ad with a pic of the Judge, a mug shot of the spermidiot, the Spermidiot's long arrest record and a redacted photo of SS (then 2yo) with the bold headline of THIS JUDGE FORCES THIS CHILD TO BE WITH THIS PERSON!!!! THINK BEFORE YOU RE-ELECT THIS JUDGE.

Before my ad ran, our lawyer called me in a panic. Apparently the judge had a relative at the paper who called him and told him about the add. The Judge called our lawyer.  She asked me to drop the add as it would destroy her career and she would never get another client in that small town.  The Judge told our attorney that he would recuse himself from any further hearings involving us.

I dropped the ad before it ran.  I am not sure the paper would have actually published the ad anyway. But the small town grape vine sure heard all about it. and just calling the paper to place the ad got his Honor's attention.

We never heard a word from that Judge for the remaining 16+ years of our CO. A couple of times when we were downtown near the county courthouse for lunch when visiting my IL's we were walking on the side walk and we and the Judge were approaching each other. He would cross the road rather than pass us on the sidewalk.  He certainly did not appreciate me expressing my opinion on his ruling while we were in court, and he did not appreciate my calling the paper to run the ad as he was approaching re-election.  Sadly, idiots are tolerated on the bench who have no business making rulings that impact children.

I am sorry  you got the not unusual bottom 10%er of the legal profession in the idiot Harry Potter robes slinging the toddler Fisher-Price wooden hammer ruling on your case.  The good news is, once Skids age out from under the CO these bottom 10%er robed morons have no more influence over our lives.

Enjoy your soon to be realized freedom.