BM's attorney got a CS order
Y'all I want to throw up right now.
BM's attorney got an order for CS so DH has to pay almost $1500 in CS plus arrearages of 32K.
This is all based off BM lying in court and saying that she isn't working while refusing to provide her taxes even though they were supeaoned.
This also goes back to 2017 even though we were going off a temp order that the judge ruled on but wouldn't make a final decision until January of this year.
We are filing an appeal because BM's attorney wouldn't respond to ours about a hearing date to dispute the judge's numbers- because it calcuated BM at $0.
Yes, DH has been paying a little under what he should have been- maybe $100-150 tops- not what they are saying in the least!
Thankfully we can file and subpeona her employer like we have planned along with payroll records the company's quarterly returns for a couple of years to prove that she has been working like we have been screaming from the rooftops. Hopefully this bit of purjury will get everything righted and we can just move forward after the hearing.
SS will be 18 next month. This is her last chance at a money grab from DH. I am just sick over it all!
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I'm so sorry, I really hope
I'm so sorry, I really hope you guys get your day in court for this. Funny the courts numbers never seem to "add up" when it comes to taking money off the table. I really hope it works for you guys, it didn't in my DH's case even with financial proof, bank statements, taxes, etc. the court still managed to find a way to add in more fees and arrears to help it work out to the amount Meth Mouth was claiming she was owed.
I'm so sorry. That is all.
I'm so sorry. That is all. Your judge is an idiot. the end. (well.. hopefully not the end..hopefully you can get some correction.. even if you have to drag his lazy butt to see it)
Where in the hell has your DH
Where in the hell has your DH's attorney been?!?! You shouldn't be getting blindsided by this crap!!!
Sending emails to the judge
Sending emails to the judge and the other attorney, but the other attorney wouldn't respond... it is such a shit show out there!
DH is in full freakout mode. Which is not good for his new position. He needs to focus at work not worry about this stuff.
I think it's time to go
I think it's time to go nuclear. Contact the Attorney General, contact the state Bar Association, fire this attorney and hire a new one, alert the media.
Seriously, this is some next-level BS.
Im so sorry!
I hope that this gets overturned...
I just find it crazy that my
I just find it crazy that my exH was a higher rank than DH and paid less for 2 kids than DH has to pay for 1. Of course I always disclosed my income... so there is that!
Yep, if you get a dishonest HCGUBM
oh wait that's a superfluous statement. Girhippo had SDBB photoshop her W2 and even though the magistrate was presented with evidence from the seethroughny.net website on her actual salary, it was all ignored and the Gir's income was entered in as much less than she was actually making.
I know what you are saying. I never received CS which was before the draconian Social Security Title IV-D act during the Clinton years that allowed CSEUs to get fed funds 1:1 for each CS dollar collected.
Have you thought about hiring a PI who is out in BM land?
I am so sorry
your attorney is terrible. I would be wanting to report him to the bar association or something because I don't understand how you are still going in circles on this and nothing has been done about proving BM actually works, but BM keeps getting through to demand more money. Plus all the work you have done that you are paying the lawyer to do. It is just crazy.
It's an election year
I would be on the phone to my representative and the media.
We have tried. No one
We have tried. No one responds back.
Have you tried reaching out to the attorney general?
Or have you tried that avenue as well?
I have not. DH and I will
I have not. DH and I will have to talk about this. How much do we want to piss off the only judge in the county...
To be honest.. it is not just
To be honest.. it is not just about this judge.. your attorney seems to have done a pee poor job of representing you.. hasn't he? I mean.. what on earth is your lawyer's explanation as to why they have an order when BM has clearly been working and refused to submit her taxes as ordered by the judge? It almost makes me think HE is on the take. (and not the judge)
Yeah I agree it is about complaining about
paying for a lawyer that isn't doing his job repeatedly and you are paying when you are doing his job sometimes!
I don't think he is on the
I don't think he is on the take, I think we are out of state- out of mind.
That doesn't mean he isn't guilty of not properly representing us, but I think it is the fact that all I can do is email. If we lived there, I would be spending my lunches in his lobby until something happened.
I guaranty you aren't "out of
I guaranty you aren't "out of sight out of mind" when it comes to sending you a damn bill are you?
I think you may need to start trying more than just emails... phone calls.. and start a record of your contact attempts..you may need it for your malpractice suit against them.
We have refused to pay the
We have refused to pay the $3K currently owed until something is resolved!
The office manager has called a couple of times and I have told her that I'm not paying a dime until something is settled with this case. They have gotten enough money from us.
When the office manager calls
When the office manager calls... I would tell her to have the lawyer call because you have questions that need to be answered before you can make any further payments.
I wonder if the "not paying" is impacting how they are performing on your behalf now though.. his lawyer could be literally doing nothing until they get paid.. and maybe that is somewhat is leading to the current situation with the judge?
I'm not trying to lay blame on you really.. just trying to figure out why on earth you are getting basically zero support from your lawyer.. I would think that would be fairly unusual.. that they would be so uncommunicative.. again....unless they have somehow thrown in with her attorneys and the judge and have decided to just roll over and play dead to make this all go away?
If the order is already in
If the order is already in place, not much more that the judge can do. And my guess is that the judge has done this to more than one person.
The judge who oversaw my parents' divorce finally got disbarred after his shenanigans finally came to light. He wrecked a lot of families (and helped his friends make a heck of a lot of money). I can totally understand not wanting to be the ones to fall on the sword when nothing but worse can come from it. But you would be totally in your right to go scorched earth on this a$$hole.
DH is definitely in scorch
DH is definitely in scorch the earth mode right now.
I hate that souless waste of
I hate that souless waste of skin your DH bred with, have for years.
Hope you at least file a complaint against your attorney with the MO Bar Association.
You need a new attorney to fight this.
You need a new attorney. If I remember correctly, you are somewhat limited if you want to stay with a local attorney, and generally I think that is a good idea. However, in your case, your attorney has done a poor job. Given the amount of money at stake, I would consider hiring the best attorney from the closest big city that would be willing to handle the case in the small town. I am so sorry that this situation just keeps getting worse!
There are only 2 firms that
There are only 2 firms that will go to that county. The one that lives there (BM's attorney) and ours that travels 2 hrs to get there.
DH was BIG mad when he got
DH was BIG mad when he got home.
The email that he sent the attorney was intense to say the least.
DH wants to take this to a higher court with all things considered- we shall see what happens!
(With his 1st divorce being illegal and the judge signing off on it, the judge not making a CS ruling in 5 years (really 8 but only went back 5), the judge ordering this arrearage when we have subpoena's for BM's income that were never honored, the fact that she was just awarded medical expenses with no proof and never having given DH a bill or told DH that he even went to the doctor- violating the CO and KS state law for reimbursement- I feel like we have a case that should be looked at by another judge)
Honestly.. I am struggling to
Honestly.. I am struggling to figure out how your attorney is handling this so poorly.. and why you can't seem to get answers to simple questions.
I'm curious if there could be anything about the way you are sending them messages that could be leading to the breakdown.
Are your emails concise and direct about what you need to hear?
Do they have direct questions without a lot of extra "stuff" that could mask what you are asking for?
What I would be writing now might be something like.
Dear lawyer,
I am frustrated that we have recieved an order from the Judge with no context.
How could they make a decision on the order when BM has not provided her Tax Records? isn't it required that they consider both parent's income when determining child support?
Why have you not subpoenaed her employer so that her income could be documented to the judge?
Can we see the calculations that led to this order?
How can we appeal this order?
Please respond to this within 48 hours. If you prefer, we can set up an appointment time to have a call to discuss these issues in detail.
Sincerely, DH
I mean.. maybe the atty hasn't explained things well to you and your DH? Has BM been employed the full time they are looking at arrears? maybe if she was not.. that is contributing to the larger back request. As for the current 1500, have they showed you the "work"? how it was calculated? Did the judge include any statement with the order.. any explanation? It seems like the judge has bought the story that your DH has been intentionally underpaying.. so has decided to punish him.. he is erring on the side of ensuring the mother gets some support pmts for her child.. even if erring on the side of overcompensating.. but with your lawyer's slackitude.. it's hard to say for sure I guess.
So, back in January the judge
So, back in January the judge issued a recommended CS calculation. He went back to 2017 and showed DH's income as correct and BM at $0. We know HOW the judge got to his calculations. The problem is BM at $0.
We immediately filed a response citing that BM never turned her income in, who her employer is and that this needs to be redone. We also cited that BM never gave a medical bill to DH other than the orthodontist, which DH paid. BM was claiming that she was owed $3500 that DH already paid for that as well.
Then we filed for a hearing. The judge wanted us to meet the following week. Obviously that wasn't an option for us to travel 1300 miles on a few days notice, so we rescheduled- TBD.
BM's attorney refused communication between him, the judge and our attorney. He was "unavailable". Our lawyer swears that at least once a month he has put in for a new hearing date and BM's attorney cited a conflict but would give no other possible dates.
Then, this order was just sent with the judges signature.
I don't know if he just signs whatever crosses his desk or if BM's (only in town attorney) and him have some sort of thing (makes a lot of sense).
At what point does your
At what point does your lawyer consider the lack of cooperation obstruction? and contact the state bar? either they arent' following up like they should.. or they are just being the most reactive and incompetent.
It's criminal the way they are proceeding.. and it's super difficult to believe the judge is filing an order without expecting all the information? it's like your lawyer has somehow dropped the ball .. so they settled it in his absence?
I completely agree. DH wrote
I completely agree. DH wrote all that in his email to the attorney last night.
Our attorney has ABSOLUTELY dropped the ball. He hasn't followed up like he should have. He hasn't represented us properly at all.
However, we have also been to court- flow there!- to have her attorney rub his belly and say that they aren't ready to discuss the case and the judge postpones it for months and we have to go out again. So, I do also think part of it is him not wanting us to fly out there and spend money on NOTHING... AGAIN.
The whole thing is soooooo frustrating. None of this would have happened here.
I seem to remember Rags
I seem to remember Rags threatening his judge that he'd take out a full page ad in the local paper and getting results PDQ...
Maybe time to get the media involved, after all you have proof of a clear bias towards BM. That consitutes sexual discrimination in my book.
Now that is an idea....
Now that is an idea....
I don't think it will help in this case
I'm really suspious that in this case everyone is consipiring against the "out of towners". Even if they aren't actively conspiring they are letting their biaises against outsiders win through.
I really hope I'm wrong but this is the way small backwater communities work some times.
This is probably the best
This is probably the best explanation of the situation. The only leverage OP and her DH have is that her DH is active duty military with full custody of his neurodiverse son. The judge and attorneys would be in a pickle if that information got blasted because then they have to decide if they stick up for the "poor single mom" or a full-time dad who is active duty military. Small towns love their soldiers and sailors. At the very least, speaking up *might* get a more fair judgement, otherwise the judge would have to justify "sticking it to the troops".
At least don't make illegal
At least don't make illegal judgements against them!