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Arbitration for custody and support modification

alieigh21's picture
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SD had been living in our home for three months and has only recently begun visiting BM. DH is in the process of modifying custody and support for SD.

Basically, SD choose to leave her mother's after calling the police and reporting her mom and half brother for abuse. DCS was involved, BM, her BS, SD and DH were each interviewed. DCS visited both homes and wrote up the report, which along with SD preference is the basis of the claim. I should add that the claim is dubious at best. BM is not saint but SD claims were greatly exaggerated and DCS findings were unsubstantiated. Not sure if they couldn't substantiate or if they just didn't want to waste the resources trying. Because DH was not present or involved in the incident and he agreed that SD could live in our home, DCS confirmed SD would have her basic needs met in our home and closed the case. It is relevant only because in BM's interview she stated that SD was living with DH with her knowledge.

After the initial documents were filed the court ordered arbitration, BM was notified and given the standard time to respond. Yesterday, DH received notice from his attorney that BM had failed to respond to the motion to strike (from the list of arbitrators). I'm guessing, she will also not respond to the claims and questionnaire. DH and I are anxious to have resolution to this. I know attorney has said that they will notify the court tomorrow that BM has failed to respond. How long can she drag this out and what happens if she fails to respond? The attorney told DH that if she drags out the process unreasonably he will add a request to pay legal fees. However, we have very little confidence that we will ever receive a penny of CS let alone any of the legal costs or other bills DH has had to pay while BM was receiving support. At the time this occurred DH had already paid thousands in medical bills that the court ordered BM to pay (either he paid or SD didn't get care).