Ideas? Negotiations?
DH is awarding (maybe) full custody to the ex-wife. He has given up on the good fight. DH already is paying C/S on a 50/50 time share split, but of course he knows that with granting sole/ full custody, so will the child support. Here are the big issues though:
Per the final DD, BM was "ordered" to:
1: Refinance the mortgage in her name solely within two years. She has yet to do so and she has 6 months left.
2: Ordered to pay-off all IRS debts. The IRS actually took DH's refund to pay off her debts.
3: Ordered to mantain car payments for the car she was awarded. She voluntarily defaulted on it and it was reposessed in DH's name leaving him in debt for 14,000-USD. (she was offered a free vehicle so she let this one go.)
4: Pay off exisisting credit card debt. She barely pays on it and it is reflected on DH's credit.
Okay, with all of the above considered, does DH have a chance of presenting these debts in court when he is ordered to come to court pertaining to custody issues, C/S?
BM's attorney is very aware of these debts, but refuses to "acknowledge" anything but the child support/ custody issues. He has been forwarded everything from BM, in regards to debts, etc. so we know that he has been kept aware of these issues. DH sent a list of debts to him but never recieved a response.
Ideas on negotiations, if possible? We are talking thousands and thousands in debts that she has placed on us.
Thanks in advance. This is not right. How can she dismiss these debts and just act like she is owed even more?
the support is separate and
the support is separate and distinct from the debt issues. the court will not mix them at all.
my suggestion would be to sue her civilly for the money owed you using the decree as the contract she violated.
Thanks. I know about the
Thanks. I know about the civil route but that is costly. I was hoping that these debts would be taken into consideration though.
If we ever had the extra 4.5K
If we ever had the extra 4.5K needed to obtain one to even "start" on this case, we would have already done so. We do not "qualify" for any free legal aid like BM either. I do believe that she started going to a new church and played "woe is me" and managed to sucker this one in. Typical.
LOL- If we had our own P.A. I would not be posting this. Of course he desperately needs an attorney. He is a "male" though and gets zero sympathy.
Surely and judge would take the above things into consideration though with viable proof. "If" they have such a strong case against DH and continue to email threats to him, why has the attorney she has not gone down and filed by himself instead of trying to get DH to do this, voluntarily.?
I ( sadly ) must agree with
I ( sadly ) must agree with you, Maux. I'm honestly looking out for my "shit" though. I do not want to be hung in the gallows because this lying, manipulating BM suckered everyone around her (including DH) for "the damn kid's sake." THAT is not my ex-wife and damn sure not my kid.
" But, but, your honor........where will "we" live if you make "us" put the house up for sale to rid of "my" daughter's father's name????????????????" ( weeping )
How about you get your own damn place and sell the house? You know, something that is within "your" means? If she can pay the mortgage, she can rent like we do. Give me a break. gag gag gag
My advice? Talk to an
My advice? Talk to an attorney who specializes in this stuff. They can give you the most sound advice. I've seen so many people try to do it without attorneys and they get royally screwed as a result.
You need to talk with an
You need to talk with an attorney in your state. But you are looking at two completely different issues.
BMs attorney is refusing to acknowledge the other issues because those aren't the issues she was retained to handle. It sounds like BM retained the attorney to help her with child custody and child support.
If your husband's ex isn't following the court order with regard to marital debt, then your DH could retain an attorney of his own and ask him to draft a complaint.
Once that happens, the attorneys might communicate and work with your DH and his ex to reach an agreement on all the issues. But right now, the only issue on the table is child custody and child support as far as that attorney is concerned. And rightly so.
Yes, got "it." Theft is legal
Yes, got "it." Theft is legal when "you" have a kid. Got it.
These may perhaps be issues that are not directed to the same branches of court but when you are having your IRS refunds garnished and are paying absurd amounts of C/S, something is not kosher.
This will be the 2nd year that I have had to file for an extension on my own 1099's because they will not honor my ISC form that was filed last year because of the "date" that we married.
That being said and that my daughter is in college and her father is dead, I can't keep paying for "a" kid. No. Damn that pisses me off, I "am" a "parent" as well. I "kind of" need the monies to help my daughter out?
You can represent yourself in
You can represent yourself in civil court. look up online how to draft a basic complaint. attach the divorce decree as an appendix and include affidavits on hat is owed and any proof. pay the $200 bucks or so to file and serve the complaint and go from there. a little basic research and you are set.
" pro se" know about that
" pro se" know about that route. Thank you.
We've always been told by the
We've always been told by the courts here (WV) that child support is not for the other parent, it's for the kids. So they don't take anything else into consideration.
I don't know if it is the
I don't know if it is the same type of situation or not (in the courts eyes) but the court found in Contempt and ordered BM to pay H $500 within a certain period of time. Of course, she never gave up the money.
So what we did was make a chart and every time she sent another medical bill that H was supposed to pay half off, we just sent her back a receipt letter saying that we took $x amount off of the money she owed...until we hit $500. Since she take the skids in for anything and everything, it didn't take too long before the $500 was "paid."
I do not know the legality of this but that's how we dealt with our BM owing money and she never bitched about it.
Also, make sure in your complaint to get BM to pay for the attorney's fees since it IS her negligence that caused the suit to be filed...
i would file a contempt
i would file a contempt charge in family court. It states this in the co so therefore have the judge order her to pay.