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DH is finally getting CS modified and BM is not going to be happy about it

asgoodasitgets's picture

A lot of this is in previous blogs, but to briefly sum up, BM filed a complaint on DH for CS arrears a couple of months ago in retaliation to him asking her to stop stalking him at his place of business. Her fee-fees got hurt so she was trying to have him arrested for non-payment. However, he has been paying regularly (just not the full amount) so the CS office simply scheduled a hearing for a CS review. DH's income went down significantly 3 years ago when he opened his own business plus, for nearly 4 years, he has been paying $80/month on top of CS to BM for health insurance that she no longer carries on SD. I have begged and pleaded with him for years to file for a CS review but he hasn't (lazy, embarrassed, doesn't want to upset BM). So, unbeknownst to her, BM actually did me a favor in forcing DH to finally deal with this issue.

He has met with the CS office a couple of times to go over his finances and today he met with the county prosecutor. A hearing will be scheduled next for DH and BM to both appear in court with their attorneys present to modify CS and re-figure the arrears. So far, it looks like the chances are good that CS is going to go down and DH may also receive a credit for overpaying BM for the non-existent insurance policy! Yay, I am soooo happy that this is almost over. Even if his payments are not reduced, at least the $80/month in insurance will go away and CS will be settled once and for all. It will be so nice to have this off my mind!

I am sure BM will flip out when she discovers that CS is being reduced, even if it is only by the $80/month that DH shouldn't be paying anyway. They are inputting DH's income at minimum wage and BM's income has increased significantly since last time, so unless something crazy happens, the odds are in our favor. The prosecutor told DH that he needed his attorney present (great, because he didn't have one there previously which I think is why he got screwed) which means BM is going to need one, too. Unfortunately for her, her most recent attorney is dropping her because she is too difficult to work with, according to our attorney. That makes 3 lawyers for her in 4 years. I wonder how she will be able to come up with a retainer before the CS court date? She has screwed herself over in so many ways by trying to be vindictive. Simply because DH tried to establish a reasonable boundary.

Keep your fingers crossed that things go in our favor and get settled quickly. It has been a long time coming! And think of the story I will have to share with you all when BM gets her ass handed to her in court!

Comments

asgoodasitgets's picture

He does not draw a paycheck from his business. Basically, a few things count as income - he fills his tank on his company card, the company pays his phone bill, and he pays his CS. CS office told him that when CS was first figured, it was about 12% of his gross pay. It is now 59% of his gross pay. That's why they are entering him as min. wage. Because his business has yet to turn a profit, there have been no tax returns filed.

bearcub25's picture

Maybe you should google start up businesses and the amount of projected income in the first 3 years. Even the IRS gives start ups a few years to start to turn profit.

My late DH had a business. While we weren't hurting, after factoring in the gas, supplies for the business, vehicle specifically for the business, and paying employees it really doesn't look that great on paper.

IslandGal's picture

Same here! Eating lunch...read that bit..laughed my ass off.. and spat bread crumbs all over my keyboard..!

IslandGal's picture

yay for you!! Fingers crossed!

I love it when a greedy BM gets her comeuppance!

B22S22's picture

Let alone BM's who choose NOT to work, and who aren't imputed @ minimum wage.

It's OK apparently that BM's don't work and live 100% off of CS (and sometimes other entitlements)? But let Dad start a business, take a cut in income, and it's blasphemous, selfish, hurting everyone around him. Right.