Thoughts?

[wysiwyg]

Good morning Soc, Happy New Year to you and to your family, I hope the New Year brings you much happiness and good health!

I was reading back into some old letters from BM in 03 and came across this - I had forgotten about it and have meeting with attorney this week and think it could be important in some way.

Situation:  BF pays CS via income with holding.  A few years back, apparently the employer spaced it and did not send the income with holding to the courthouse - although BF has paystubs to prove this was done via income with holding.  All was squared away within 2 months and satisfied.

BF received letter from BM in mid Jan stating "And, very honestly, it is also my understanding that he (employer) came very close to buying you some jail time. Whether you are aware or not, there was no child support submitted between November 15th and January 7th."  (BF was unaware)

1.  IF BM had prior knowledge of payment issues in receiving the CS paid through income with holding, is she not just as liable in some way?

2.  Is this not some sort of entrapment etc?

Thank you!

[socrateaser]

>1.  IF BM had prior knowledge of payment issues in receiving
>the CS paid through income with holding, is she not just as
>liable in some way?

Stay away from this, because it gives BM an argument that YOU were already aware of the employer's propensity for negligence regarding payroll and the garnishment, which could make you contributorily or comparitively liable for recovery of the funds.

>
>2.  Is this not some sort of entrapment etc?

Entrapment, is government action intended to cause a person to commit a crime that they would otherwise not be predisposed to commit. Your case has no governmental coercion, so no entrapment is possible.

Also, when you start thinking the way you're thinking, you are exhibiting a desire to obtain a vindictive punishment from the other parent. Only the state can impose vindictive punishment via the criminal law enforcement process, and if the family court views your behavior as maliciously motivated, you will get nothing. So, stop looking for ways to "nail" the other parent to the cross. If you are entitled to the court's protection or to compensation for damages, then you should seek it. Don't go looking to make trouble for the other parent, just because you're annoyed that the system seems to work against you.

It does, but that's just the way the cookie crumbles, so deal with it.

[wysiwyg]

Thank you - I appreciate as always your thoughts to help me see the realistic view instead of vindictiveness, although that is not my intent, sometimes i think we tend to get caught up in the defensive thinking and grasp at straws.