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Results from court

stormabruin's picture

Seems to be a big week for step-court!

Long story short...finally A WIN!!! Not huge, but it will throw BM in a tizzy, as it affects her "income".

DH had his contempt hearing yesterday where BM claimed he owed her $2000 in arrears from when he stopped paying on SS in September. I'm not sure how she came up with the $2000 figure, but that's what she turned in.

We figured up that if the judge put him in arrears it would be $578.

Anyway, we got there 15 minutes ahead of time. BM wasn't there, which was odd. We checked in & waited...& waited...& waited. Court was at 10:00am. The judge gave her until 10:15am & she didn't show. They proceeded with DH alone.

The judge told him that given the proof of payment DH had she wasn't able to figure up him owing anything beyone the $578, & that she was prepared to order him to pay that in arrears. However, given BM didn't bother to show, she threw it out. He owes her nothing.

She filed this as a result of DH's original filing to drop SS from CS & have the amount adjusted to pay on SD alone. He was ordered to pay $81.42/wk. When that order was made the judge made it temporary so it would be addressed again yesterday. BM wanted it ordered through DH's employer & DH expressed concern over this because one of the stipulations in him getting that job was that he had no garnishments, CS, etc, that the employer would have to deal with. He specifically told DH upon hiring that he would not deal with being put in the position of having to deal with phone calls from the ex about her support check. The judge ordered it through the employer anyway.

Needless to say, DH was laid off only days after the order was received in the mail, so DH is on unemployment.

In his hearing yesterday the judge said, "I'm throwing out the request for arrears, & will keep your support listed as it was in the temporary order if that's okay". DH explained the issue with the layoff & unemployment & as a result she reduced his CS from the $81.42/wk to $42.31/week. Smile

Of course, it is open to review if BM takes him back when he employed again.

DH feels kind of bad. He knows SD needs more support than that, but when she is in need she can pick up the phone & call dear 'ole dad & ask him for it.

As for the "homeschool" issue, the bailiff explained he can't give legal advice but "suggested" DH hire an attorney & take BM for neglect. I'm not sure why CPS or the school district haven't approached it, as they are the ones "investigating" BM. It seems that with them being the ones with the proof they would have her in court. They are the ones DH is going to have to go through anyway to get the information.

All-in-all, it was a good day. Like I said, not a huge win by any means, but the money will have BM in a fit when she gets the new order in the mail. That's enough to give us a bit of satisfaction. Smile


DaizyDuke's picture

given BM didn't bother to show

She was probably super busy home schooling dontcha know!

Yeah for you guys!! It's great that these judges are starting to hold these BMs repsonsible for their actions/inactions!!!

stormabruin's picture

My guess is that she simply forgot. DH was concerned that maybe something was wrong with ones of the kids, but SD's FB update yesterday afternoon was that they were at Bojangles eating.

It's funny that a non-working BM crying the struggling-to-get-by blues could've had $578 in her pocket if she'd just bothered to show up.

I'm absolutely tickled by it! Biggrin

stormabruin's picture

I don't understand the order to go through the employer either. He explained why. He pays his support on time. Always has. It was just something BM knew DH didn't want to do. That is the only reason she pushed it & it backfired on her. She doesn't know it yet, but she will in a day or two. Smile

Of course, she won't see it that way. She'll never know or accept the idea of self-accountabililty. When she turns to the kids for support, she'll be DH's victim yet again. Whatever. Everything will always be his fault.

overit2's picture

It's so nice to hear of so many wins lately!! That's GREAT news!

In 8 years i have never gone through his job or the state...NOW consequently that HAS resulted in thousands in arrears whenever he decides to quit a job, not pay, etc. But to insist on it knowing it can cost him his job? What is wrong with people?

Luckily I have not had any court drama after the divorce was final...we never took eachother to court for anything, neither have my bf and bm, NOW-I DO suspect that once bf finishes school his job/income would change, I suspect she may go in for a review of CS. THAT is when he has his ace up his sleeve.

stormabruin's picture

The judge told DH yesterday that it was illegal for the employer to do it & that he could file a lawsuit against him. Thing is, with DH on unemployment we have no money to hire a lawyer. Even when he was working, the money for a lawyer hasn't been there.

Really, he has no proof that it was due to the CS order. It just so happened to come days after the order was issues & DH was the only one laid off.