Started the Petition Paperwork Due to Lack of Returned 8332 Forms BUT. . .
DISCLAIMER: We live in the extremely Pro GUBM State of NY
Backstory:
The Chef and the Girhippo had agreed back in '04 to go to mediation, get an MOU and then file pro se. They did go to mediation (Chef, read: I paid for it) They did get an MOU that says "Chef and Gir agree to share claiming the children as exemptions such that Chef has at least one child to claim each tax year" signed 1/19/05 by both parties.
That being said, of course the Gir interpreted it as she claimed two and Chef claims the oldest. They didn't go pro se. After the Gir dragged her feet for almost two years (in which time she was getting full medical/dental paid for by Chef) I convinced Chef that the Gir was never going to file--I literally had drawn up the papers for the Gir to just trot down and get a court date--she refused so I had him file (I did all the paperwork once again).
Well that sent the Gir into a tizzy and she was so offended by his "bold" action that she lawyered up. From my understanding, the original MOU from the mediation (which was lopsided as hell and COMPLETELY in the Gir's favour) was entered into the petition for divorce and hence forth the subsequent divorce papers and CO. Chef continued to go pro se (despite EVERYONE'S advice to the contrary) as he was completely wracked with guilt over the break up.
The MOU also says that the parties are to seek mediation first to resolve their differences, something that the Gir has already made clear that she will NOT do. She also refuses all correspondence from Chef and does a return to sender.
She was sent the forms back in February via Chef's attorney during the downward mod for OSS's "stealth" emancipation which she did not send back.
Most recently I sent the request for her to sign and return the 8332 forms directly to her work, certified, restricted delivery. I have the screen shot that it was delivered. I'm sure she dumped it in the trash soon thereafter as she has NO intention of letting Chef claim SD (17) for tax year 2015, 2016 and then rotate YSS (stb 13) for years 2017-2021.
Remember in NYS that CS goes to 21 but the year that the child turns 19, they are no longer claimable as a deduction UNLESS they are in college and I VERY MUCH doubt that these children will ever complete college although I'm sure she'll have them attempt to start college just to milk the CS cow. OSS (19) is the smartest and has the most drive of all three and he lasted all of 3 months in community college.
So do you think the MOU is enforceable at this point? Also I'd like to make her pay Chef's attorney's fees should the judge rule in Chef's favour.
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Your posts scare me.
Your posts scare me.
Life in Pro GUBM New York
Life in Pro GUBM New York State
Back in the day, I also heard
Back in the day, I also heard the excuse from Chef: "she'll take it out on the children."
My response: "Well she isn't a fit mother then, is she?"
He had no response to that.
The certified, restricted delivery letter I sent also stated that we wish to avoid time consuming and costly litigation as well as financial affidavit disclosure such as (insert the Girhippo's side biz that she left off her last financial disclosure and which is plastered all over the local internet)
I expect the consultation with the attorney next week.
She sounds like the same type
She sounds like the same type of ex my DH has had to deal with. DH had it in his divorce decree that he got to claim both children. It was an agreement they reached in the divorce settlement. BM stole money from DH's company towards the end of their marriage. If she didn't agree with him claiming the children (his way of recapturing what was stolen), he was going to have her prosecuted. It was a sizable sum of money too. I guess judge explained this to BM and she debated whether to agree to the terms. Her attorney said, "take the deal!" LOL
She would claim the children every year because she filed on the first business day of January every year. DH would file mid January and be denied his refund. He would make copies of pertinent pages from his divorce decree and submit that to the IRS. The IRS would give him his money and then go after BM each and every year. In fact, I think they intercepted some child support he was paying in order to recapture the funds. Most years, her refund was between $10,000 - $12,000 :jawdrop: And yes, she worked..
Anyway, there is no way to force these CP's to abide by their court orders. Unless you can get in front of a judge that is willing to do a smack down on them. Those instances, as most of us know, are few and far between.
Good luck!
Ugh! The Girhippo cleaned
Ugh! The Girhippo cleaned out all three kids college funds before the ink was dry on the MOU which was 9 months before the divorce decree went through
Sounds like the BM your DH
Sounds like the BM your DH has to deal with has a mental "money" issue too. My gut feeling is beneath these BM's that pull this type of stunt have a brain based illness. Then again, what do I know! LOL
That is an excellent idea!!!
That is an excellent idea!!! I never once thought of that.
Yep I've done that already
Yep I've done that already but since this was an extremely high conflict divorce AND the fact that she knows the Judges all on a first name basis, I think it would behoove Chef to have the attorney with him.
She's a CPS/Foster Supervisor and knows EVERYONE in her town especially all the court officials, judges, attorneys, etc.
In NYS it's a hard and fast rule for an NCP bioDAD NEVER to go pro se but ALWAYS to have an attorney even in the smallest things. There's no question the Gir will lawyer up and he'll be stuck again.