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BM #1 and #2 Got served their papers.... and here is the response from BOTH I'm not sure what we should do if anything???

buterfly_2011's picture
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BM #2 actually called and said she had no issues with what we are asking for (but she said that last time) she actually even agreed to the 8 weeks in the summer. But we will split them up in each month since SS is only 3. She even said that he has been enjoying coming here and is now talking about his number 1 dad... (her husband is number 2 dad)SO was actually pleased BUT the issue hasn't been that she doesn't want to comply when he files against her (this is now the third time he has had to serve her) it's that she just flat out ignores everything once all the paperwork is signed. She just doesn't answer her phone. Refuses to reply to any kind of communication. That is where our issue is but again she is saying she won't ignore him. What happens if she does it again.... seriously these women just say ok then don't do it and we have to pay thousands to refile the same shit over an over again?

Now to BM#2 WOW totally different situation.

She replied to the papers with a 4 page letter I will give you the rundown in quick terms of what she had to say

1. SO threatened suicide back in 2008. Let me explain. She left him and told him she just needed "space' and there was no way there was another man. A month later he saw her walking down the street holding hands with her NOW BF of as she puts 6 years..... So yes he had a rough time.
2. She said he cashed out his retirement and blew it all. Lie. He paid off her cell bill. Paid off her horse. Paid off medial bills. Paid off a car etc. They weren't together when he did this. I am unsure exactly of everything he paid but I know he didn't "buy" anything out of fun or pleasure. Because he has nothing!
3. She stated that his financial burdens are due to his lack of choices regarding money. And all his life he has made poor choices regarding money.
4. She stated she took the kids full time (they were 50/50 when she lived here) because their grades were dropping on the weeks they were with SO. FUNNY... for the past two years since she moved the kids haven't been able to keep most grades above a C or D. In fact SD17 didn't get to play sports and she is now taking classes over her senior year. And SS15 is constantly grounded for D's. Yet he was a bad parent in 2008/2009 because their grades were dropping....
5. She told the judge that he tried teaching HER son tongues... (bible stuff?) um he didn't. His son asked him if that was something in the bible so he found it and read it to him.
6. She told the courts that SO isn't giving any money to help with sports any of the kids have been put in. And that she and him made a deal that on top of CS he would help pay for all of those costs... (back in 2008 when the kids lived here)
7. She told the courts that she now has to respond to his papers and it will take her last $350 that she had saved for HER daughter's senior pictures (we had offered to help with those)and now she will have no money for that since SO has become hostile regarding helping raise his children.
8. She also stated that SO and her have been doing just fine for a few years (that's because he never told her no. She took every dime he had because he never thought he could say no)and there weren't any problems until he had a life change and got a girlfriend. Now he is nothing but dishonorable and unreliable for the care of their children.
9. She stated that she will NOT meet him halfway any longer to get him the kids for scheduled time because she can't afford the $160 it takes in gas.
10. She stated that she is now a student at (big name college she thinks0 with a ONCE in a lifetime scholarship and she has done well for herself and her children.
11. She also stated that she paid some bill off for SO back in 2007 for a surgery he had. And he purposely put it in her name when he had it done. THEY were still married at the time it went into her name as well as his because that's how the clinic had it. He didn't say HEY put this on my ex's account please....
12. She also made sure to tell the court that the house they had went into the rears because SO neglected to pay the house payment after she left.So because of him it's in foreclosure. (HE did get it caught up then she told him her and her BF wanted it. So he moved out and they moved in. Well they couldn't afford the $1500 payment either so they left it. It is in their papers that SHE got the house.)
13. Lastly she ended it with. SO has made many bad choices in his life regarding money (he has only worked TWO jobs in his entire life SHE has worked 12!) and to punish HER and HER kids for his bad choices isn't fair. She asked the court to not take away the income that supports HER and HER children.

UGH!!!!!!!!!!!!! I just wanted to scream. THEN today we get home and there is a sheriff's card on our door. SO is being served with something. We have no clue what. The only thing I can think of is she reached the bank and told them SO new address and it's papers on the house. I don't know what she could possibly have us served with??

So I guess my question is.... do we need to submit a letter in response to all that finger pointing or just wait...?????

runninglawmom's picture

Respond. Go point by point and respond to each allegation attaching any documentation you have to prove your side of things. At the end of each allegation where you have documentation add "see exhibit A (or b, or c- each document will need a sticker in alphabetic order to correspond to the letter you assign in your reply.

Designate your response as Reply to Respondent's Response to Motion to Modify.

Make your case calmly. Use no emotions. State only facts not feelings or speculation and state only what you can prove. Show the judge an easy way to award you what you want. Don't get involved in anger or retribution.

Rags's picture

Wait and respond in court to each allegation. Better to surprise her with your answers than give her forewarning and time to prepare a counter strategy. You have counter points on each allegation she makes. Get your documentation together and tear her arguement apart piece by piece with fact and documentation in court on public record. Once you win you can package up the complete official court record and sent a copy to all of her friends, family, community, etc... to show the facts of how disgusting a person she truly is from the character perspective.

When we confronted the SpermClan in court we only pre-submitted what was required by the court (tax returns, mortgage statements, pay stubs...). We blind sided them with everything that would bare their asses in front of the judge and their community including the SpermIdiots arrest and criminal records, PI undercover video footage of his Gang Banger wannabe bullshit and receiving under the table cash payments for plumbing services (the IRS loved that information when we shared it with them after the hearing), sexual activity with underage girls, etc... . They particularly loved it during the second round in court when in response to DickHead's motion for my income (StepDad) to be considered to reduce his child support obligation to our son when we countered by showing proof that the lived in a home owned by his parents rent free, that they have provided all of his vehicles as gifts and he has not paid a dime, his parents paid his CS obligation for my son and SpermIdiot Spawn #2, and that his youngest three spawn live with his parents and he provides no financial support of his kids all while claiming that he has custody and supports them to try to get his CS for my kid lowered. When the judge accepted our motion over their protestations SpermGrandMa and SpermGrandPa nearly had a collective stroke. Too bad it was not really a stroke. }:) This strategy got them to STFU and do what we told them to do when we told them to do it for the most part because they knew if we ended up in court it would be a bare the SpermClan's asses circus.

Both times we went to court they were completely humiliated, we got ~85%+ of what we wanted and asked for and it cost them in legal fees and increased CS. Unfortunately I have never left court feeling like I did not need a long hot shower. The whole process just makes my skin crawl and like it is need of a disenfecting pressure wash sterilization. Seeing supposedly learned jurists and attorneys cater to idiots and dirtbags just makes me want to go postal.

The one thing I relish in the whole skin crawling process is baring the SpermIdiot's and SpermClan's asses in court, shredding any attorney that is idiot enough to take them as clients and putting idiot bottom 10%ers of the legal profession family court judges through the ass baring wringer also.

Shred BMs idiot ass, take no prisioners and gain as total control of the situation as you can. Then never let up. Do this in the best interests and support of your StepChildren and they may even have a chance to overcome the shallow and poluted end of their gene pool with your help, support and parenting from a position of character.

All IMHO and experience of course.

Good luck.

runninglawmom's picture

I am an attorney.

I practice family law.

Failing to respond is an admission.

Evidence not shared before trial cannot be admitted nor considered by a judge.

Also. See an attorney. Don't get your advice from the Internet. "Surprise" attacks such as those recommended above are the clear advice of non- professionals who don't understand procedure or the law. Please arm yourself with reality and don't try to play television courtroom.

buterfly_2011's picture

We have an attorney. He has advised us that her lack of documentation and her pointing fingers with emotions will do her no good. He told us to leave it alone.

Rags's picture

Yep, that is what our good ass kicking attorney told us. Our ineffective and fired first attorney was all about placating the opposition. Kick ass and have fun doing it. Find an attorney that will ask you the following questions like our awesome and effective ass kicker did with us on our first consultation.

1) What to do you want to accomplish with this action?
2) Are you doing this for the best interest of the kid or just to punish BioDad?
3) This could be very expensive. Are you ready for a protracted and expensive legal campaign?
4) If I do not think what you are attempting to accomplish is reasonable or likely will you consider alternatives that I suggest?

If we had given the wrong answer to any of these questions he would not have accepted us as clients. He has been our attorney for 15 years and he helped us hand the SpermIdiot and SpermClan their asses consistently for the last 15 years of our nearly 17 year CO.

The judge found our Private Investigator video, BioDad's criminal and arrest records, etc.... very interessting and we never shared it with the opposition until we were in court. The judge did not exclude it when we presented it.

So, find a kick ass attorney and go win. It beats the shit out of placating the oppostion and paying for ineffective legal representation. Remember, your attorney works for you and you can fire them if they are not doing as YOU demand.

Even when you do hand the opposition their asses do not expect to come out of court fully satisfied. Even when we kicked ass, which we did every time we had to either respond to SpermClan filings or when we initiated our own, I always felt like I needed a disinfecting shower after spending a day in court with the SpermClan and the preponderance of idiots who seem to have anything to do with family law. In my experience very few are worth a crap and even fewer are in it for anything more than a paycheck. Doing the right thing seems to be a mostly foreign concept for these people.

All in my opinion and experience as a legal layman of course.

Orange County Ca's picture

But beware every attorney will tell you that you have a good case, a good chance to win, which is rarely the case. In my experience once a case gets to family court neither party will be satisfied with the outcome. Often this is because the issues are split down the middle by the judge.

Far better if you can sit down the both women and get an agreement in writing. Daddy will give up somethng and Mommy will give up something.

Old Jewish saying:
A farmer was pulling on a cows horns.
Another farmer was pulling on the cows tail.
A lawyer was milking the cow.

buterfly_2011's picture

How can you sit down with somebody who won't even answer a phone or an email or a text? And when they do all they do is scream about the past? Or scream about the i want more money. How do you sit down with somebody like that?