Messages

Soc,

IN here

BM has a different pro supp hearing next week for her failure to pay our attorney fees resulting in automatic judgement.  Our attorney asked for copies of her home equity loan and court order that shows she paid over 10K in a previous pro supp/debt just 10 days ago vacating that order for garnishment.

1.  How do you think he will argue this with this information?

BM filed a motion in June that stated our refusal and or failure to pay cs, cs is paid via income with holding order.  BM's attorney refuses to respond to our attorney on how much they claim is in arrears and how/when I refused to pay.  My attorney has seen the state records and agrees with me that all is updated and paid and no arrears are in place.  I beleive that they might try and argue a situation 2 years ago that she went without CS for 2 months, however I had paid the CS (taken out of my pay) it was my employer that neglected to forward those funds to the state under order of with holding, I had no idea of waht was going on.  I believe that they have something up their sleeve that they refuse to respnd to my attorney's questions.

2.  Can they go back 2 years to this situation?
3.  Can we argue taht we followed the courts order and taht CS was paid via income with holding and that the failure was the employers not the employee?
4.  Can we also argue that her suit that we pay her attorney's fees becasue of her inability be argued that subsequent to that filing she paid off a 10K debt, and has a home equity loan of 75K?
3.  can we argue that if she was that hard up for money why did she wait until now to file on something that was resolved 2 years ago?

Thanks for your help!

Soc,

I have posted bits and pieces of this situation to you in the last few weeks, however it is now coming together and I would like you opinion.  

Details:

BM received house in divorce that was 100% paid for.
BM has had 3 filings against her subsequent to divorce for failure to pay debts.
2 filings resolved as paid.
Third filing resulted in judgement and garnishment hearing was last week, in excess of 10K and at last minute a filing to vacate as all debt and costs paid.
BM found in contempt in spring and ordered to pay my attorney's fees within 3 months or result in automatic judgement in favor of the firm, she did not pay, I paid attorney - and I instructed attorney to file a motion to collect so that I could recoup the fees I paid him.  Hearing is in 3 weeks.
Went to court house and found in public records that BM has taken a revolving line of credit on the house for 75K of which only 2 K is left to be borrowed.  (NOTE: the loan was only for 75% of the appraised value of the house)
Prior to her paying off 10K, BM filed a petition that I have failed/refused to pay my CS, this is ridiculous as I am under an income with holding order and CS has been paid and even when I changed jobs, I have been paying so all CS is 100 current.  Her petition also stated she is without funds to bring the action to court and asked for me to pay her attorney fees.  THis is set for a hearing in 6 weeks.  

1.  How would you handle the hearing for garnishment in three weeks?  
2.  Would you present the documents that BM has paid the 10K and has some $ left on her revolving loan to pay the $800 in attorney fees?
3.  Would you argue that she does have the ability to pay since she has paid her debts off (all three of them), paid all the taxes on the house and paid for the child to attend elaborate camps and trips in the last few weeks?
4.  How would you argue the hearing set in 6 weeks regarding the refuse/failure to pay cs and request for attorney's fees?
5.  Would you also provide documentation of what BM has claimed her annual income is and that I continue to pay towards day care even though the child has not been in day care for 3 years?

Any insight you can provide is greatly appreciated since my attorney will have a sub for the hearing in three weeks.

Thanks.

Soc,

IN state.

BM has 2 judgements on her 1- failure to pay credit card, in excess of 10K plus costs and insterest and 2- failure to pay our attorney fees, resulting in auto judgement by the law firm who is the Judgement holder.

Judgement 1 is set for a court date next week for collections, she has to show proof of income, assets etc.

Judgement 2 - has been filed asking for a court date, for her to show proof of the same above, and an order to follow thorugh with collecitons.

By my records from divorce settlement, monies I paid her, monies she was willed, assets in home (100% paid for at time of divorce) she has been paid 110K and has another 150K in assets, IRA's and pensions.

1.  What will likely happen and
2.  what will likely be attacked?

BTW, she has only reported that she has $600 in bank and has repeatedly reported the last ten years as manking $984 week, and previous 2 filings for collections resulted in repayments within the last 18 months.

Just want to know what and where I need to be looking, since Judgement 2 will actually end up being a repayment to me since I have paid in full the attorney's fees.

Thanks!

Sorry Soc, Frustration was setting in and I apologize for not being clear.

During job change, I have been paying support, all support is current 100%.  Thus i asked how the action ca be stopped and not have us incur attorney's fees to go to court.  

My attorney is aware of the job change and nothing needs to be done as a new income with holding is being put into place but has yet to be finalized, I am and have been manually paying the CS inbetween old and new job with holding orders.

I did receive a copy of a letter sent to BM attorney yesterday, my attorney simply stated what is the amount alledged as he had reviewed the states ledger and all appeared to be current.  

Hope you had a nice vacation!

Soc,

IN state

Went to Courthouse to pay on CS Wednesday, they told me that there was something filed the previous week on our case.  I went to the courtroom and spoke to the recep. and obtained a copy of the motion and the order.

Motion was BM accusations that I "failed/refused" to pay my cs.  She also signed the motion that under penalty of perjury that the allegations were true to the best of her knowledge.  THis was filed the 29th.  On the 30th judge signed an order to appear and set court date.

I was under a with holding order from July 04 until third week April 06 when I changed jobs.  CS was sent by my employer to the state and I have copies of receipts and transactions.  SInce I changed jobs, no with holding has been put into place so I have been going to the court house when I was in the area and paying several weeks at a time on CS.  

There have been 27 weekly payments made to date on the CS , the one right previous to her filing was less that 2 weeks prior to her filing.

To make matters more confusing - her attorney filed the action and did not list anyone on the distribution list, and listed me on the distribution list for the order - my attorney was completely left off and I would not have received a copy of the filing had I not been at the courthouse on Wednesday and paid for my own copy, the order was sent to me and an email to my attorney with scanned copies of the motion and filing confirmed that he was not aaware of this new action.

1.  Isn't this perjury to claim failure/refusal to pay when she has received all payments?

2.  What can be done to stop this ridiculous action?

3.  Can something be done to correct BM attorney on his distributions?  I am assuming that was intentional - since BM attorney has been in court before with ours.

Soc,

1.  Can you please translate this so I can understand?

It is therefore the order of the court that Judgement be and is hereby rendered against Defendant, in the amount of XXXXX plus interest at the rate of 6.000% from (date) in the amount of XXXXX for a total of XXXXX plus interest at the rate of 6% per annum from the date of the judgement until paid, Plaintiff's court costs expended herein, and for all of which execution may issue forthwith.

2.  The money is still owed, a judgement entered, now how does this place collect?  

(You guessed it, it is a Diff judgement on the BM, she just refuses to pay her bills)

Thanks Soc.  Have a good evening.

Soc,

Asked attorney about the ex parte motion - his reply was since the award was based solely on fees incurred by me, and the judgement was awarded in favor of their firm if she failed to pay within 90 days then it was up to the firm to reduce the award to a judgement and seek to enforce it.  Obviously it was ultimately up to me to see that the bill gets paid which I did as my attorney gave me his time and I owed for it.

1.  If it is now the firms responsibility to go after her to enforce payment, then the firm has a responsibility to me to enforce the courts order, and not write off that debt, correct?

2.  If they go after her for failure to pay, then am I also correct that additionally I can file some sort of motion to recoup the funds I paid out of my pocket to keep in good standing with my attorney?  

3.  My attorney suggessted that I could file a pro supp motion to execute the judgement, but if the judgement was in favor of the firm against her then how can I be a party of that motion?

4.  I am trying to not rack up attorney's fees for this, would it be acceptable for me to write her a letter that according to the order a judgement has been put in place by X law firm and that additionally I can seek to file a motion for XXXXXX and that she sholud seek to pay off the court ordered fines etc etc etc or face the court to explain why she should not be held in contempt once again for her failure to pay off the attorney's fees awarded from the last contempt hearing??

Frustrated once again!

Soc,

IN state

BM found in contempt twice in last court order and ordered to pay my attorney's fees "within 90 days to (XXXX law firm) or the same is reduced to judgment against Respondent and in favor of (XXXX Law firm.)"  BTW BM also previously fined for failing to abide by a discovery order and multiple failures to abide by vistation orders, mediation orders and compel orders from the court.

BM has not paid.

1. How does the judgement work?
2. I paid the attorney the balance remaining, do I need to file a contempt motion to recoup these funds?

Thanks a bunch!

I always like your cut to the chase approach.  the 10.5 hours was more like 34.5 it was 430 AM SUNDAY that he returned and yes I cna prove this form the principal of the school as well as the childs sign up sheet that showed mom deliberately left BF contact info off, which was a previous contempt violation founded by the court, yet she did it again.

As far as the child wanting to be with me, he has always expressed that, however - BM is an admitted physical abuser - court records show this she admittied thisin court adn I have the transcripts, and she has tormented the child into submission, he is terrified of her.

The court had us in therapy - mediation, case management, but when BM failed to comply with teh courts orders, the court recinded the prior order and now we have no recourse but the courts who have BLUNTLY told us that they do not want to see us in the courtroom anymore, we have already had three differnet judges.

I know IN has the college age support, but I had thought that was up for readjustment for post secondary eduacation at age 18, however we will see how that pans out, at this point the child has expressed a desire to join the military at age 18 this will happen during his senior year and he has asked me to take him to do waht he has to to join.  I think this is best for him, to break the apron strings.

Soc,

The "guidelines" are a 30 plus page doc - I will try and copy pertinant parts for you but bear in mind that the intenet is to have frequent and meaningful parenting time with the NCP.

The order states "The Court reminds the parties that the Indiana Parenting Time Guidelines shall continue to apply to this case. The Parties are admonished that the Parenting Time Guidelines will be enforced strictly without deviation."

Guideline passages:

On alternating weekends from Friday at 6:00 P.M. until Sunday at 6:00 P.M. (the times may change to fit the parents' schedules).

Whenever there is a need to adjust the established parenting schedules because of events outside the normal family routine, the parent who becomes aware of the circumstance shall notify the other parent as far in advance as possible.  Both parents shall then attempt to reach a mutually acceptable adjustment to the parenting schedule. (Note: BM knew and signed child up in NOvember, did not notifiy BF until March, during the time of November to March the parties were court ordered to participate in mediation, BM refused to go thus the court found her in contemt for not going to mediation and following the multiple orders to participate)
 
If an adjustment results in one parent losing scheduled parenting time with the child, "make-up" time should be exercised as soon as possible.   If the parents cannot agree on "make-up" time, the parent who lost the time shall select the "make-up" time within one month of the missed time.

When a disagreement occurs regarding parenting time and the requirements of these Guidelines, both parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court.

In exercising parenting time with a teenager, the non-custodial parent shall make reasonable efforts to accommodate a teenager's participation in his or her regular academic, extracurricular and social activities.  (NOTE:  I did this by approaching BM and stating I believed that the child should go to the activity and offered to switch the weekend, she 1. ignored my email (received and documented) 2. hung up on me when I called her to discuss the issue (recorded and transcribed) 3. received my certified letter (signature card received back).

Thus since no arrangement could be reached, BM sent child to activity.  THis is the third instance in which she has done this in recent months adn claimed forfeiture on my part.  

She has been ordered to pay my attorney's fees although it is usually is only a portion of the actual cost.  Although not releveant to the case but might show you the control demeanor she wants over the child, the child is 15 and BM still goes to ALL overnight BS camp trips, all overnight school functions and is now claiming a work injusry to allow her to be with teh child 24/7 to which he is about to explode from her hovering.  NOt sure about you, but I would have had a cow if my mother went to boy scout camp with me at that age.  My opinion on this restrained........