Hi Ho, Hi Ho, It's back to court we go!!!!
In October of 2008, after a year long court battle and one hellacious day in court, a judge determined that DH was a fit and caring parent. He awarded him full non-custodial visitation of SD5. He also increased DH's child support by almost $200 a month, retroactive to the date that DH originally filed his motion to modify, which was January of 2008. In addition, he increased the amount of insurance reimbursement that he was to pay to BM by $15 per month. It took almost six months for DH's attorney to get the paperwork filed because BM did not agree with the Judge's decision and therefore, why would she sign the documents? Finally, in April, the Judge signed the order. The order also states that DH is to claim SD5 as an exemption for income tax purposes in all odd numbered years. So here we are, ready to file our 2009 taxes and BM refuses to sign the waiver to allow us to claim her. The court order states that the only thing DH has to do to claim SD5 is to pay both his child support and arrearage on time for the entire year. DH is currently paying $150 extra per month towards the arrearage and $75 per month towards insurance reimbursement in addition to his standard child support per the court order. The court order said absolutely nothing about paying interest on the arrearage, even though state statutes say interest of 10% is due. Today we received a letter from BM's attorney stating that the court order was incorrectly filed. Ok, remember the court order was filed in April of 2009. So, when did they realize the court order was not correct? BM is fighting over (are you sitting down?) 73 cents per month in extra insurance reimbursement and $104 in interest on the arrearage? Seriously? I promise that it cost more for her attorney to type the damn letter than that. So now the attorney is stating that we cannot claim SD5 on our 2009 tax return because we haven't paid the interest on the arrearage. I'm not sure what that attorney has been drinking or if he failed all of his math classes in college, but the last time I checked, the court order said we had to pay $150 per month towards arrearage, which we did and are still doing. Whether BM decides to apply that to interest or arrearage is her issue, not ours. So, what does this mean for us? Our attorney has had all he can take of psycho BM. DH and I have been in that boat for quite some time. So our attorney is going to file a contempt charge against her for not signing the waiver for us to claim SD5 and another motion to modify to ask for additional visitation because BM refuses to allow 5 minutes of extra visitation outside of the standard schedule, even though the standard schedule states that she is to allow additional visitation. I am excited that we are working for more time with SD5, but the battle will take it's toll, I know. Please keep us in your prayers during this time.