We had court (again) Friday. BM is still a weasel.
Support has gone up again...$22 more each week. I'm not surprised, but I'm still pissed, & SS nearly got himself arrested.
BM told the judge she's filed for disability & she has notes from 2 of her doctors (though she didn't have them at court) that she's turned into the disability office & is getting one more from another doctor. Her oncologist said she doesn't have any cancer, but she has spots on her lungs...whatever that means. She's a smoker. My guess is that's the cause. Another doctor said she can't do any work that makes her over-exhert herself or that leaves her out of breath because of her heart. I can tell you, I have yet to be sitting at my desk & overwork myself to where I'm gasping for breath.
Anyway, because of that, the judge can't assign her any amount for income so it falls on DH now...100%.
The judge gave her 10 days to get copies of the paperwork to the courthouse, though DH said nothing was ever mentioned about what any consequences would be if she didn't. There's nothing in the paperwork about it.
There is something in the paperwork that says "Appeal bond $776.00 secured."
I don't understand court-speak but but DH said the judge told him if he wants to appeal this he has 10 days, & that he'll have to pay $776.00 to do so. WTF???
I'm not sure how to find out if BM gets the paperwork turned in. Even if she doesn't, there's nothing saying anything would change if she didn't, & we don't have $776.00 to hand up for an appeal even if we could verify she didn't.
Both kids were there. SS...with a pocket knife. The deputy lit into his ass as soon as he told him he had it on him. He told him to get it out of his courthouse. There's a giant sign on the front door where you come in...no cell phones, no weapons, etc. When SS was coming back in the building the deputy yelled down the hall (everyone could hear it all) for him to stop & read the sign. SS read it & when he started coming in again the deputy told him to take another minute to read it & pay attention to everything it said. Then he made him read it a 3rd time just to be sure he understood what it meant & asked if he had any questions. LMFAO!
He's so careless & doesn't pay attention to anything. DH said he wished the guy had put him up against the wall & cuffed him & put him in a holding room for the duration of their hearing.
The same deputy came out again, while DH & BM were still in the courtroom & told him if he EVER brings anything like that into his courthouse again, he WILL take him into custody.
It was funny. Usually I'd feel bad for someone. I know he didn't do it intentionally, but he's been to the courthouse as many times as I have. I know he didn't do it intentionally, but at a courthouse, you have to intentionally pay attention to what the fuck you're doing, & he didn't. He walks through life by his own rules (as he's been taught to do), & even DH said, thankfully he's reached a point in life where people are going to point out how ignorant he's being & BM can't step in to protect him.
When we were waiting for the paperwork to be drawn up she did say, "It's okay, baby. We all mess up."
Yeah, that "mess up" could've very well landed his ass in fucking jail & left him with a permanent record. I suppose she'd just go back in & request an increase in support to bail him out.
BM was in an unusually decent mood. Well, toward DH. She didn't make eye contact with ME one time, but I could see her staring at me when she thought I wasn't paying attention. Her & DH were at the window signing the paperwork afterward & DH said something sarcastic to SS. BM giggled & backhanded him in the chest. Then she said, "I guess I'd better watch it. I'll get an assault & battery right here in the courthouse."
Yeah, she makes jokes when it's her. I'd bet everything I own that had he been the one to put his hands on her, she'd have him charged on the spot.
She's lucky I was appreciating her more decent attitude. She has no reason to be putting her hands on my husband. She doesn't get to play with him anymore. Dumb bitch.
I don't even care about the $20 more/week. It's the whole reason behind it that pisses me off. It's just one more fucking time that fucking bitch uses the "poor me" shit to weasel her way out of any responsibility.
Whatever. If SD graduates when she's supposed to we have 20 more months to pay this shit.
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If your DH decides to appeal,
If your DH decides to appeal, he has to post an appeal bond because it costs to appeal. If he is unrepresented he can ask the court to allow him to appeal in forma pauperis. If he has an attorney he can still do that and he needs to talk to his attorney. The judge doesn't have a choice on the appeal bond, those are developed by statute and he can't grant in forma pauperis status unless he is asked to, they can't do that sua sponte (on their own).
If your DH does appeal and BM doesn't have her paperwork in, the Appeal's Court has to look at only what is on the record, which means, they could reverse the judge's ruling if BM doesn't have her paperwork in because there is a lack of evidence showing that DH should have been increased due to BM's inability to work. The Appellate Court is limited only to those things in the record, including but not limited exhibits. I would say have your attorney call the court to see if BM has her paperwork turned in.
If you are pro se, then you can call the District Court or Superior Court, whatever they call it in your jurisdiction and find out. You may also want to check the statutes to see how long you have to appeal. Most states give you 30 days from the date of the order, but it may be different so you want to check.
The judge told him he has 10
The judge told him he has 10 days to file the appeal, but BM also has 10 days to turn in the paperwork.
We're paycheck to paycheck. Whether she turns it in or not, we have no way to pull the money together in days to appeal, much less to pay an attorney to follow it through.
I'm pissed, for as many times as the judge has ordered them back for follow-up that she would treat this as something final. Especially with BM having ZERO evidence that anything has been turned in to anyone.
Even her claim is only that she's in the process of filing, so I would think they'd do a follow-up hearing to find out the results before making a final order.
DH is pro se. He'll just call into the court when the 10 days is up to find out whether or not she turned anything in. It won't help anything as far as his case, but he'll know whether or not she's lying about it anyway.
The other thing he could try
The other thing he could try is a motion for modification or a motion to reconsider. The ten day thing sounds to me like he is giving you ten days to ask for a motion to reconsider, i.e. appealing to the judge directly. But then the appeal bond makes me think he is setting this for an appeal in the appellate court. I would call an attorney in your area. They should be able to give you some advice over the phone without a charge if you keep it short and sweet. Also every state has low income legal help, so I would call your local bar association or the legal aid equivalent in your state and see if you qualify for help from them.