Results from court
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.
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.