Court yesterday, a small victory for husband

[missmindy]

Well, my husband had court yesterday, for the arrears that were in question, and the judge told ex that for one thing, the past arrears were gone, and the ex tries to ARGUE with the judge and bring up paragraph so&so says this, yadayada, and the judge told her she was looking right AT the paragraph and there WERE no arrears any more. My husband spoke up and said something also about her moving to another state illegally and she pipes up and says (on the telephone, she was too sorry to even come to court) "I don't NEED permission to move with my daughter, I have sole custody and can go where I want to" and the judge looks at the phone with these huge eyes and says "Actually you DO need permission, you can't just move where you want to" and the ex says to the JUDGE now, "Yes I can" !!!! The judge told her no she can't, and that if my husband wanted to pursue that matter that she could be in huge trouble (which of course he IS pursuing it). After that she had no more smart a** remarks and basically didn't say much more.  And the ex had filed the arrears papers and came up with this off the wall amount for each month, and my husband also brought up that the amounts she had put down were incorrect so they're continuing the case and going back and doing another audit, using the correct amount, and having another court date the first week of May. And the judge also told her that there is another case going on that she knows of that the ex did the same thing; moved to the same STATE that my husband's ex moved to, and they're making this person move back, which is all my husband wants, and peace and quiet of course. The ex also tried to bring up that I have "forged" 6 child support receipts and she told the ex that this has nothing to do with the case. The ex comes off with this attitude, first of all, and then flies into this "His wife did this, his wife's under investigation for that", blah blah, which looks to everyone like she's not there to get the support that her daughter needs and to help her daughter out; she's there to satisfy some personal vendetta against me and my husband. It's all for childish vengeance. He's elated at how it went yesterday, but still wary, because who knows what they will come up with before the next court hearing. But basically, she knows now that those 2 years she has been saying that she CAN move where she wants and has SOLE custody of her daughter, she was WRONG, and she knows that her only recourse will be to move back here. After all this she SHOULD know anyway. So yes, he will pay arrears of some kind, but he will NOT pay what she wanted and she will show the courts what kind of person she is. Just wanted to share. I guess judges are seeing more and more that the father is NOT always the jerk in these cases.

[virtuous]

that is great missy.

[sweetnsad]

I'm happy for you Mindy...I hope it all works out and that the court date produces furthur victory for you, your husband and his daughter...:)

[missmindy]

THANKS TO BOTH OF YOU......A SMALL VICTORY BUT NONETHELESS A FOOT IN THE DOOR. WILL DEFINITELY KEEP YOU ALL POSTED!!

[tjraid18]

  Is that the fan from the computer or maybe the winds of change? Good luck to you. So many people get frusrated and quit. The ones that dont help themselves and others as well. Children included- thats what this is all about.

[missmindy]

>  Is that the fan from the computer or maybe the winds of
>change?
HAHA, that's a good one!!! Thank you! And hopefully things WILL change, although the mother is still saying she is NOT coming back to Florida no matter who says what, and even if she does, she's going to avoid my husband like the plague and he will not see his daughter, etc. She just does not learn. She has also threatened (to another person) that if she sees me in Walmart or anywhere like that, I better watch out because she's going to beat my a**, so.......wah, wah, truth hurts I guess. Gotta take it out on SOMEone.

Thanks for replying!!!

[wendl]

That is just great to hear, I hope the next hearing will go as well for your dh.

:)

Haha 1st rule never interupt the judge, never tell him he is wrong hahahaha

[missmindy]

Well, I think maybe she learned that but then again, probably not!! It will probably happen again in May when they go back. Can't wait, personally!! (A lot of her credibility is already shot to heck, so why not try for the rest of it????:P )

[tjraid18]

  have'nt heard back. How's the battle going? I'd like to know how things go!!!!!!

[missmindy]

Nothing new yet....the next date is set for May 6, and she's still running her mouth to my husband's cousin (who of course tells us all she says) saying that a lot of the child support receipts he turned in to the court that day are forged and that their CS caseworker through the clerk's office tells her that she thinks that my husband is lying and that the receipts look bogus, etc. (not sure if they're allowed to talk about things like that, but coming from the source it's probably a lie anyway). Just same old crap, but it will all come to a head in a couple of weeks, period, no matter WHO'S favor it goes in. She's also saying that their caseworker (Mrs. X I'll say) is figuring the past arrears, before it was abated, into the arrears that Mrs. X  is calculating now, I guess called an "audit", and the judge had told the ex at court on the 1st that there WERE no past arrears. So either the ex is crazy (STRONG possibility!!) or the caseworker is stupid or something. I will definitely keep you posted though. See you all soon!