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Update to SO Court Case

Rumplestiltskin's picture

Update to previous blog about SO's CS case. Maybe 6 months ago, SO received notification that there was a CS review. From what the lawyers can tell, BM2 initiated it. Per the first review, SO was told that his CS would go up by about 50%, even though one of the SSs had aged out and the other one is 50/50, except that SS13 is at SO's house *every* afternoon and evening after school, even on BM2's  week.

SO fought the increase and his lawyer filed a motion to have BM2 provide her financial information for all sources of income. BM2 is very shady and supposedly does eyelashes here and there but doesn't have a job with a schedule. She claims minimum wage.

So, court is tomorrow and BM hasn't provided any financial info. SO's lawyer sent her lawyer a letter stating he still hadn't received it and proposing 0 child support, just 50/50 no CS with expenses split. BM's lawyer replied yesterday stating that BM will settle for $400 per month and half of expenses. The court was originally going to give her almost $1000 per month based on her stated income.

SO meets with the lawyer today. He will decide whether to take the deal and be done with it or continue the case and require BM to provide financial info. So far, SO's lawyer has dug up info on two rental properties in BM's name amd a recent DUI. BM has been known to use various names, various DOBs, and when she and SO first divorced, SO's other lawyer found a bank account with $90,000 in it, though at the time Bm had no job. She "helps" her mom and uncle's businesses by travelling out of state to "pick things up." No telling what they are into.

I told SO that either course of action would be reasonable. I understand just paying her for the next 5 years and being done with it. I also REALLY want to know what BM is so afraid of the court seeing, though, as far as financials. 

Comments

simifan's picture

I want to know what she's hiding too. If the court awarded her 1000 and she immediately dropped to 400 it's got to be good. Wouldn't it be something if she owes DH money? 

Rumplestiltskin's picture

I know, how bad must it be? He is meeting with the lawyer in about an hour, so i'll update. I do understand just wanting peace and to be done with it. Pay her just to keep things nice. I'm not egging him on to fight, since i know i just want to see her get what's coming to her and it's coming from a place of anger on my part. She is close with his family and has used that to pressure him into catering to her in the past. He was paying her full CS, he had both SSs 100% for years with her just coming in and out to "hang out as a family" or pick them up for however long, whenever she felt like it with no responsibility, and his family kept telling him how great of a guy he was to be so close with his BM and help her out so much. When he set minimal boundaries she slapped him with an ex-parte full of false accusations. Not gonna lie, i want to see her exposed for the bottom-feeder she is. But i just keep saying "do whatever you and your lawyer think is best." 

Winterglow's picture

I would tell her lawyer that you have proof of her multiple identities sources of revenue and that if she doesn't back off completely, you will be giving your information to the IRS... After that,do what you want. 

Rumplestiltskin's picture

Update: SO settled. He will pay $400 per month CS, continue to pay SS's phone and health insurance, and he will continue to keep SS after school on BM's days. He will pay half of any copays or extracurriculars BM pays for (which is zero so doesn't matter.) BM does not have to provide any financial documents.

Meh. At least he gets a reduction from what he was paying before for both kids. I get just wanting the fight to be over. I don't think she can go after more CS for at least a few years. 

Winterglow's picture

My thoughts precisely. Why let all your hard work gathering all that data go to waste?

Winterglow's picture

Yay!

thinkthrice's picture

Profit off of the BM cashing in

 

Rumplestiltskin's picture

That's true. I found out that DCFS gets a percentage of all wages garnished. It really does add up when you think about the percentage of kids whose parents are not together. For my state it's over 60% from what i've read. That's a lot of percentages of child support for the state to  skim off, even if not all go through CPS for garnishment. 

Rumplestiltskin's picture

I think direct witholding is easiest for all. SO isn't the NCP but based on our laws he still has to pay based on BM's apparent lack of income. They have 50/50 overnights but SO also has all afternoons and evenings on school days, even BM's days. It's fk'd up here in my state, and the lowest earner is rewarded with money no matter who has the kids most. They use a formula of time with each parent and relative income. But, if CS was paid directly between parents, it would open the door for the money-getter to have more opportunities to ask for extras. It does, however, incentivize the state to squeeze the higher earning parents. 

Rumplestiltskin's picture

Also, i really wanted to see BM's financial info. I wanted her shady illegal crap to be exposed. Honestly, i don't think SO and i will cohabitate or marry until his legal ties to this criminal parasite are finally severed.