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Messages - wysiwyg

#41
Soc,

Given this discussion we have had on this, how would you answer this quesiton if it were posed to me tomorrow;

AFter 1 paycheck went by and there was no with holding taken out, why did you not pay then, why did you wait two pays?

#42
Dear Socrateaser / RE: Child support court date
Sep 20, 2006, 07:55:10 AM
WONDERFUL thank you!  You always cut to the chase of my wordy posts.

Have a sensational day!
#43
Dear Socrateaser / RE: Child support court date
Sep 20, 2006, 03:14:34 AM
The allegation is the I have falied / refused to pay child supprt. She would not do well with a support mod as she is still receiving money towards day care when the child has not been in day care for three years.  We have asked her to take this to the CSE and get a mod as CSE states they work for the CP but the NCP has to hire private counsel.  She refuses to get a mod and the last time I used private counsel to get a mod it cost me 33K and the judge really had a say about that!  Regardless, that is the charge and as I said all is current and paid and there was a short lapse due to job,move and child illness etc.  but the states CS record speaks for itself egardng the payments.

It also shows that her allegations on 6/30 are incorrect as she recevived monies 2 weeks prior to her filing.

Another point to make on this is that she also has asked for attorney's fees from us becasue of her inability to pay her attorney, however just 20 days after her filing of contempt on me, she paid off a debt so her wages would not be garnished, that amount was in excess of 10K.

NEW INFO:

Our attorney has stated he heard from her counsel that she is willing to drop the contempt action if we forgive her failiure to pay the court ordered attorney's fees that resulted in a judgement between her and our attorney.  I contend that they are 2 seperate entities and her failure to pay the courts fees for a contempt action and her failure to appear in court when ordered is a way for her to try and strong arm me so she wil not get into more problems with the court.  She is claiming there were 6 weeks that she she did not receive a check.  THisi s really a 5 weekperiod from 5/5 to 6/15  and of thos 5 weeks she was overpaid by one week, and by the time she filed her claim she was paid for 3 more, leaving only one week outstanding.  So all this for one week?  I relaise that CS needs to be paid - but in this situation she was paid, I do not dispute a laspe, but I do believe I was not wrong to wait 2 pay periods to see if a new IWH order would again be impleemented, when it was not she was paid and all is well now and all attorney's agree that there is no outstanding balance.  LAstly, during this time of her failure to pay the fees for the contempt action, we were held liable to pay our attorney and pay CS, had she abided by the courts order and paid her fees we would have been financially better to pay CS and not have to scramble to pay for both!
#44
Dear Socrateaser / RE: Child support court date
Sep 19, 2006, 08:05:23 PM
you are correct, everything is paid, there was only that small time lapse in the middle of job change etc.  As of today I am actually one week ahead.

1.  Givent hat she filed on 6/30 that I failed refused to pay and accepted money 2 weeks prior, is taht considered bad faith or false filings or misleading the court or something?
#45
Dear Socrateaser / Child support court date
Sep 20, 2006, 03:42:38 PM
Soc,

IN state

Hubby changed jobs in April this year, last pay under a WH oder was 5/5.  Previous employer was court ordered to alert CSE when employee terminates employment adn who new employer is.  DH waited from 5/5 to 6/19 to see if new CS WH order came into play.  Since new job, he was on different pay periods and had to wait a month to get a paycheck and fist pay was not a full pay, waited to second pay when no WH order was in place DH resumed and paid all CS and has continued to do so to date.  BM filed 6/30 that BF failed/refused to pay CS, yet on 6/15 1 month of cs was paid in cash to clerk and she was sent a check on 6/19.  As I see it - a false filing.

Our attorney sent hers a fax 7/7 & 8/16 that stated that any lag was due to the WH oder and change in jobs etc, however the state ledger showed all as paid and current.  As of taday I am one week ahead.

There has only been one response from her attorney and that was a 6 weeks period that BM claims she was not paid.  

At no time did any payment go over $500 in arrears, and according to state there was never any failure or refusal to pay although no one will put that in writing.  In that it might make some difference, during this time frame of new job, my son had emergency surgery, we had to move and once moved BM showed up and caused a ruckus with our new apartment manager that resulted in them needing our attorney's info to perhaps file a restraining order on her for harassment of tenants on private property.

I have all receipts and paychecks to show that CS has been paid since last court order in 03 and the only lapse was the new job thing and situation noted above.  

1. Given the above situation, do you think I have anything to worry about?  

#46
Dear Socrateaser / how to handle question
Sep 14, 2006, 05:50:19 AM
Good morning Soc!

IN here, order states that CP (BM) should provide all clothing necessary for the child while in the care of the NCP.  

In the past we have had a rich 12 year history of BM not providing athletic uniforms, special occation clothing or musical instruments for the child when he comes to us for the weekend/holidays.  She uses this situation to create a hostile confrontation during our time with the child and in front of him.  We have had everything from calling 911 with allegations of holdiong the child hostage (when she refused to give us baseball uniform and we asked her at the game for it) to not giving us the musical instrument and comeing to our home and causing a terrible scene at our door, or to undress and re dress the child in public in his uniform becasue she would not give us his uniform to clothe the child for an activity.

I (SM) have been going to get the child due to BF's work schedule, this is fine and addressed in the order.  Now that SS is in HS and in marching band he has several weekends over the next 3 months that he has competitions, tomorrow when I go to get him, I have every reason to believe that BM will refuse to give the child his uniform and instrument in order for him to have it for his comeptiton and she will use that to create some uncomfortable sitation, it has also been addressed by the GAL and the Mediator that her hostility towards me is unfounded and immature.  Therefore I believe it to be a double whammy for the child in that she will refuse to give him his things necessary for his compititions in weeks to come becasue I am there.  She has significant control over the child in order to intimidate him to not bring his things if she so demands, and is an admitted abuser in court records.  

In the past we have just said if it is not priovided and he did not want to go then he did not have to go, however, as he is older and this is for a academic grade it is in his best interest to go, but BF and I are baffled as we also believe it is in his best interests and our other child to not endure a hostile confrontation.

1. How should I handle this at the door tomorrow when I go to get him if he is not allowed to bring his things?  

Sorry to be so wordy, that is one of my downfalls in order to explain the situation...........
#47
Dear Socrateaser / attorney's non appearance?
Aug 24, 2006, 03:47:37 AM
Soc,

I have not gotten the new order back on this yet, but in looking over the previous order to appear etc, it was sent by the court to BM AND her attorney, of which neither showed.  

1.  Regardless of her actions to show or not, shouldnt her attorney have showed or filed something regarding his appearance regardless?

2.  What do you make of neither's appearance?  I say somethings afoot......
#48
Soc,

Hearing today regarding BM failure to abide by court order to pay our attorney fees.  

BM and her attorney failed to show.  Our "Sub" attorney (our regular could not come due to trial) finled a rule to show cause for her failure to show up with teh requested information ie assets and ability to pay.

1. What do you think will happen now?
#49
Soc-

Your reply is most interesting, let me throw a monkey wrnech into it for more of your opinion.  

At the conclusion of the hearing in which we were awarded attorneys fees resulting in the passage I quoted in last post, it was my attorney who wrote this order up for the judge at the judges request.  If my attorney drew this up and is still collecting my money - any other comments you would like to make?
#50
Dear Socrateaser / simple questions I hope.......
Aug 18, 2006, 03:55:36 AM
Soc,

Refreshing your memory, IN here.

BM ordered last spring to pay BF attorney's fees within 90 days or failure would result in an  automatic judgement against her in favor of our attorney's firm.

BM failed to do so, I was obligated to pay attorney so I did and inquired about what they would then do to recoup the funds since they had the judgement.  Firm dragged feet and after 2 months I aksed what we can do so that I can get my money back as obviously BM was not gonna pay.  They said they could do a pro supp to collect and asked if WE WANTED TO GO THAT ROUTE!

I told them to go ahead and do what they had to do to get our money back since she failed again to abide by court order.  

They filed agaisnt her - hearing is upcoming.  Yesterday I received a bill from the attorney for the time involved for drawing up and filing the pro supp!  This brings to light is I will be billed for his time to be in court next week as well.

I believe that I should not incur these costs since the firm had the judgement and has a duty to NOT sit on it and let it go by way of the doo doo, that is not in my best interest.

1. Should I point out to the attorney that these costs incurred should not be billed to me?

2. What do I say?

The filing reads that "the judgement creditor owns a judgement obtained in this court against the Respondent on (date) for the sumn of XXX and costs and interest."

3.  Does this mean that they can recoup the remaining balance plus all interest past the date of the order plus attorney's costs to file?

Thank you.