Same story, different angle:

[I cry_ in_the_dark]

I replied to your email request Soc....Probably wasn't much help but I'm still concerned.

Now I have a question regarding the cell phones, only this is from a different angle.

At the time I told my X I was moving out of state, I also advised him of my intent to purchase 2 cell phones, one for me, one for my daughter. Having no response, I waited to buy the phones until right before I moved (approximately 3 weeks).

The day my daughter went home with her phone, he promptly advised her she could not have it. He took it away from her, however, the phone was not returned to me. It was not until after I had actually moved that I received a letter from his lawyer advising me that she could not have it.

Even at this point, he wishy-washied around, sometimes she had it, sometimes she didn't. The phone was finally returned to me in November. I have every statement in regards to that phone, which lists every call made to and from that phone. The phone sits idly on my dresser, with my daughter calling it to get any voice messages that have come in.

I am now being sued for more child support. I never had cell phones, and do not care to own one now. I did it to keep in contact with my children.  In light of the fact that I can prove I told him of my intent to purchase the phones, waited to buy the phones, and NO response until after I bought the phones weeks later...

1.) Is there a possiblility that I could have my child support reduced by the amount I spend per month  for HER phone, (2 year contract) if I can prove that he acted intentionally to cause me unneccessary expense in obtaining her phone ( family plan).

2.) Since I have obtained a home phone because my workers must be able to contact me on a local number, I can prove that the use of the cell phone I purchased for myself is also of little value, therefore reducing child support by the full amount per month for at least the 2 year contract ($110.00 a month)?

[socrateaser]

>1.) Is there a possiblility that I could have my child support
>reduced by the amount I spend per month  for HER phone, (2
>year contract) if I can prove that he acted intentionally to
>cause me unneccessary expense in obtaining her phone ( family
>plan).

If you can prove that your ex promised to permit your daughter to use a cell phone and you relied on that promise to your detriment by purchasing the contract and then you couldn't use it, you can obtain a judgment for the breach of contract in promissory estoppel.

However, you cannot get credit against your child support, because the contract is an ordinary debt and child support is, well...child support.

You'll have to sue him in small claims.

>
>2.) Since I have obtained a home phone because my workers must
>be able to contact me on a local number, I can prove that the
>use of the cell phone I purchased for myself is also of little
>value, therefore reducing child support by the full amount per
>month for at least the 2 year contract ($110.00 a month)?

Ain't gonna happen. In fact, if you knew you wouldn't use the phone, you should have canceled the service and paid the early termination fee, and then sued your ex for reimbursement. By not doing so, you failed to mitigate your damages, and the court may not permit you any more recovery than that early termination fee plus whatever service charges were accrued prior to the date when your ex took the phone from your daughter.

Editorial:

If more women were subjected to the onerous nature of the current child support system, in the way you are, Congress would be forced to remedy the unfairness. Unfortunately, the child support game is still overwhelmingly played in favor of mothers to the detriment of fathers, so nothing's gonna happen any time soon.

Anyway, I'm sorry about the situtation. I seem to be doling out nothing but bad news to people this week. Wish it weren't so.

[I cry_ in_the_dark]

I still appreciate what you have to say, whether it's what I want to hear or not.
I didnt' cancel the phone because I had hopes he'd let her have it back. After all, what 15 year old doesn't have her own phone these days, as well as the benefits she could use it to call THEM as needed, all on MY dime.

Re: your editorial. You're exactly right Soc. I just don't understand why things are the way they are when I never once played hardball, all from the same judge. :-(

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