Gonna break these updates up or it'll be really long!
Thank goodness the site is back up! I've missed you guys and gals so much! So we got a response from BM on the petition to modify custody that BF served her. She said that BF had caused her severe emotional trauma from serving her these papers. She claims that he is not paying her child support (again) and is suing him for contempt of court. I would think that her lawyer would at least CHECK to see if that was TRUE before sending the paperwork through to sue him. But I guess you can sue anyone for anything you want to nowadays regardless of whether it's true or not. She also says that she wants BF to pay her lawyer fees and court costs since she claims he's the one that started this. But wait a minute...wasn't it HER that started all this when she sued HIM for more money? OH YEAH... She had planned on not needing a lawyer and just representing herself I guess. She doesn't seem to realize that she's asking him to pay for her fees in response to something that SHE did.
UGH she makes no sense at all! So since I'm to sorry to keep a job and got fired I'm going to try to make you pay for me to sit at home on my ass. Then when you try to do what's right to take care of our son, I'm going to sue you for even more money and say you've caused me emotional damages because I'm to frickin' SORRY to get up off my ASS and take care of MYSELF and my SON on my own without depending on my PARENTS to pay my bills for me! I'm the perpetual victim in every situation and it's everyone else's responsibility to take care of me and pay my way through life. I just love being pathetic!
*sigh*
Sorry, this particular matter just really pisses me off.
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Comments
I hear you,
I remember those days all to well with our BM. The same crap that you all are going thru. BM made a living (literaly) out of trying to make life hell for us, and threatining court, suing, abuse, denying visitation, etc. every time she did not get her way. Truly pathetic."~waiting on the world to change~"
I am not sure emotional durress can be decided by family courts
Nymh,
Everything about a Custody/Support/Visitation case is emotionally stressful. I do not believe there is any merit to the XWs case. (not that I am a law professional - just an engineer who spends way to much time following logic streams and analysing stuff).
It sounds to me that you are right about the BM finding a lawyer who did not do his homework before accepting BM as his client.
We went through our own version of what you describe. Early in the situation the Sperms (SpermDad and SpermGrandMa) played some games in an attempt to get my then single teen college student wife to fold due the financial strain of protecting herself and her son in court. When the rumor mill communicated that my wife was dating (me) SpermGrandMa filed a Custody case in behalf of her son. She did not tell SpermDad that she was suing for custody of my SS on his behalf. They kept the custody case going with several rescheduled court dates (at the last minute) after my Wife had flown home for the court date. They kept trying to break her financially with cancelations that required her to repeatedly buy plane tickets, increase her legal fees, etc..... What they failed to recognize is that banks and the federal govt cannot throw money at college students fast enough. Especially single mother college students. So my wife just kept taking out more supplemental loans in order to protect her son.
The day before the court date that they could no longer postpone they dropped the custody element of their case and made it a visitation and support case instead. So my wife's attorney delayed because the case she had prepared was to defend against a custody effort rather than a support and visitation effort.
Before the next court date my wife and I married (14 incredible years ago) and the financial hammer has remained firmly in my Lovely Brides hands ever since. There are pages of stories associated with the court hearings that have happened over the years but I will save those for a night of insomnia in the future.
Anyway, I believe you will find that the emotional trauma claim will not have any legal legs once a Judge sees it.
Good luck and best regards,
Hi!
Our BM asked that we pay her attorney fees to defend herself against our petition when she sent hers back over! From what I understand that is very common for them to request that but it does not all the time that the judge acutally makes the other party pay both attorneys. Also since you in TN your BF gets a credit for your new baby on his child support. I think he will get somewhere like $300-$350 off his total monthly income!