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BM dodges contempt service!

MadeMyBed's picture

So as many of you have been reading, DH and I are taking Bm to court for contempt due to the fact that she has been taking the child tax deductions for the past few years in blatant disregard of the divorce decree.

DH and his attorney have given her many chances to rectify this; asking her to amend her taxes, pay the fees, whatever. She flat out refuses even when they informed her it would be contempt and she would be responsible for DH's attorney fees as well.

So we file, get a court date of March 3rd, hire a process server where BM lives (1500 miles away from us- we retained jurisdiction-ha ha).

Process server goes to BM's house, BM's evil sister answers the door and say BM doesnt live there, doesnt know where she is, as far as she knows she still lives in MA-where we live (lies, duh, the kids are IN THE HOUSE THERE). Process server has to leave. Now, in OUR state you can just leave it at the last known residence. I guess in BM's wacke dout state you have to serve it in hand? Um, whats to stop people from lying? "No, Im not her!" God, this all sucks! What a crazy biatch!!

skylarksms's picture

I guess I don't know how that works. I know that if the NCP doesn't show, the CP automatically wins. Wouldn't it be nice if it was the other way around as well?

Ssamantha's picture

I always thought this was how it worked. But the last time BM didn't show up, they kept phoning her and phoning her and then rescheduled it.

MadeMyBed's picture

well, the process server is going to have to try again. Im guessing it wont look "amusing" to the court that shes doing this and having family members lie about her whereabouts.....

Rags's picture

Did she actually run from the process server? My SS's SpermIdiot did. He dodged the summons for 6mos until the DA sent us a packet and asked us to fill out the info on the SpermIdiots income history, SSN, addresses, qualifications, etc....

We filled it out using information we had compiled over the years including his employers, his tax returns, his state plumbers license, wage distribution for his county (we recommended that he be placed at the middle of the income scale for plumbers), filled out that he had no children living in his home (he did not, his youngest three live with SpermGrandParent), we filled out that he pays no CS (he does not, the SpermGrandParents pay his CS obligation for my son), etc, etc, etc....

Based on the info that we provided to the DA the Admin Law Judge set his new CS level at ~700% higher than the previous level. Funny how when they started garnishing his wages for 700% more CS plus arrearages he could not run to the court house fast enough to appeal. :jawdrop:

Eventually, following his whining and appeals, his CS level settled at nearly 400% higher than it was originally plus 18mos of arrears because of his running form the server antics.

Make sure to get a statement from the server and use it to nail BMs ass to the wall once you get her in front of a judge on the contempt charge.

It will be fun to see the judge rip her a new one and nail her ass to the wall for her bull shit.

Hang in there.

MadeMyBed's picture

You know, I actually saw a copy of the process server's report-they scanned it and sent it to DH's attorney. Its actually really funny. They dont hold words back on thei opinion of BM's sister, lol.
Because we are in court for contempt and BM basically disregarding the law, lying to the IRS, etc. I really dont think a judge is going to be amused she is lying and dodging this. We are working on it just being left at her "last known place of residence" or, if push comes to shove, we will have her served at work-hilarious!! }:)

MadeMyBed's picture

You know, I actually saw a copy of the process server's report-they scanned it and sent it to DH's attorney. Its actually really funny. They dont hold words back on thei opinion of BM's sister, lol.
Because we are in court for contempt and BM basically disregarding the law, lying to the IRS, etc. I really dont think a judge is going to be amused she is lying and dodging this. We are working on it just being left at her "last known place of residence" or, if push comes to shove, we will have her served at work-hilarious!! }:)

MadeMyBed's picture

whoops, duplicate. Anyways, she didnt run, she wast there, but in the past she has:1

) thrown a rock at a process server
) thrown a cell phone at a process server
) accused a process server of breaking into her house

so we're obviously not dealing with someone with a full deck of cards.

skylarksms's picture

Oooo yeah - have her served at work!!

That wouldn't have worked for us since BM figured why work when you can collect CS?

MadeMyBed's picture

Im just thinking she'll lie. Like the process server is there, asks someone there where he can find her, goes up to her, asks if she is who she is, and she lies!! what happens then? I have to file my freakin taxes! Stupid biatch is messing with everything! I just cant wait to get her lying a$$ in front of a judge!!

MadeMyBed's picture

we DO have her address-its the one the process server went to! She lives there with the skids for over 2 years! Shes just playing games

skylarksms's picture

I think that's what Finey is saying though. If that is her address (that you have) but sister is saying that's NOT her address, sometimes that can get them in trouble too.

Rags's picture

Denial of service is also considered successful service in some jurisdictions. That is what happened to the SpermIdiot when he ran from the server and refused the registered mail attempts.

The judge told him that when he refused acceptance that is the same as acceptance and that is why his CS was raised without his prior knowledge.

happymostly's picture

bm dodged being served too! so we finally had to get her served at work! Bet she didnt like that.

k8tie's picture

Funny thought...what about hiring Byron the Process Server from the show All Worked Up? lol Sorry, just trying to cheer you up.

Katie

disneymom78's picture

Well we send support checks via mail every month so, when and if we have to serve our BM we will tell her to be on the look out for the process server as she has this month's support check Smile

HAHAHAHA