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Deal with the Devil

TiredofPayingforBM's picture

So Dh and I (SM), struggle we just had another baby 9 months ago and I just found out a modification can be made due to the arrival of our 2nd girl. Well dh is paying 556.00 per month and last i knew that included CHILD CARE. Well Dh's mom, quite her job last September to start caring for my SD.I heard we can sue her for overpayment since then. BM never changed that on the papers, so technically isnt it considered fraud?

To get to the deal with the Devil part; So i need help in understanding this please- Last March the bm came to my hubby and said you sign this petition for me to be able to move back to Alabama and i will lower child support ( from 779.00 to 556). We have struggled since the day they signed the original papers and we were sinking fast so he signed. She still hasnt moved and is still renting his parents 2nd house for 500.00 a month.

My kids are left wanting and us needing and she lives in the lap of luxury and she makes just as much if not more than my husband. I dont think she gave notice to the state of her increase in wage and job status- Medical Records Manager.

? is- Can she still pick up and move to Bama or would she have to repetition since its been a year?

Comments

Everyones Interest's picture

A few questions:

You say that BM quit her job, but then say she makes just as much if not more than your DH. What do you mean by that?

Also, you say that she lowered child support from $779 to $556 as long as DH lets her move back to Alabama.

I might be showing my ignorance here because I'm Canadian, but what is the concern if she does have to re-petition? Would that cost you money? You have already agreed to let her move and have been paying lower child support because of that.

***Life - It's not a rehearsal***

TiredofPayingforBM's picture

No my dh's mom quit her job to take care of my sd.

As for the moving to alabama, it was all under pretense. He mother came up last summer and was peachy king and fine as whine. Well my question is wether she has to repetition or not? If she does then we will just tell her no. If she doesnt and can pick up and go tommorow we dont want that- and she waived the support in our face because she knew that we would take it to better support our family. We were struggling really bad, still are.

Also the support is the amount that her attorneys deemed neccessary not what the state says. Besides she is using it as alimony and thats not what its for.

Everyones Interest's picture

Okay, but the state says $779. What happens if DH says no to the move and she rescinds the lower support offer and raises it back up to $779 AND goes for retro-active payment because 'DH wasn't paying enough'. I mean, DH and BM had a contract right? Lower child support in exchange for permission to move. I would think she'd be able to move anytime she wants then.

I'm sorry if I'm not being helpful. I just think you guys should be looking at this from all angles. Especially if what you signed was just a contract between DH and BM, and didn't have representation...in which case she might become vengeful and seek arrears. (It happens in Canada all the time)

Hope some people from the States can give you more in-depth advice...

***Life - It's not a rehearsal***

TiredofPayingforBM's picture

so the bm has had kick ass awesome vicious attorney since the day they decided to get a divorce. Any of the amounts that we have ever paid are what her attorneys have suggested. We have never been able to afford representation, so we are always getting the shaft with this issue.

Everyones Interest's picture

Well, again in Canada if both parties do not have representation, then the contract can and will be thrown out of court. Maybe you can look into that as a possibility if she wants to move.

But, I would be prepared to have to go back up to the state recommended child support if that were to happen.

Outside of that, I don't have much legal advice to give you, all my references are Canadian and I googled to see if any of my suggestions were supported by the States, but they aren't.

Can you get free consultations from lawyers in your area? I know a lot of lawyers will provide one 30-60 minute free appointment.

***Life - It's not a rehearsal***

TiredofPayingforBM's picture

So i started callin and the state says his child support should be 350 at max. They recommended a attorney to deal with her lol, they even think shes that bad. LOL Anyways, Family law guys are expensive. This one guy wanted to talk to me for 250 a hour and have a phone meeting with me tommorow on the grounds that i paid him 500 for a 2 hour phone convo I WAS LIKE OH WOWIE!!!!

Thank you for the thought on the " lack of representation" idea. That if it works here is a freaking lobster and filet mignon dinner for thought ( food for thought lol)

= )

christsluv2u's picture

Check with this website. There are also other groups out there...

http://www.fathersrights.org/

There are resources you can get consultations...lawyer recommendations. Not sure which state you are in.

You need to talk to a lawyer about child support amounts, visitation, etc. They can advise you about changing child support orders, child care expenses, etc and how that all works. Maybe there is financial help there too with lawyers.

Hope this helps,
Jen

TiredofPayingforBM's picture

Thank you thank you thank you finally a real website. Everything else has been buy this book it tells you everything buy this membership for us to answer that question..... GRRRR MORE DEPENDABLE INFOMATION WEBSITE PLEASE...damn internet...

thank you again Jen