Ok, now what? CS question (again)
So my husband got back a DENIAL letter from the court today for the recalculation of the arrearages!!! Now, he submitted a remodification with his actual paystubs with the previous bonus amount (he's supposed to pay net and the BM calculated gross), submitted official documents from the CS office of his payments (she left out some payments which he actually DID pay because it was by wage garnishment)...and the judge DENIED the request!!! It's $1000 off! She didn't submit anything official, just a spreadsheet she made on microsoft word. It gets approved--the court just takes her word for it. My husband submits everything official, and he gets denied. WTF is wrong with the courts?!?
So does he appeal? The CS office also received a letter from my husband also to contest the arrearages; however they will most likely see this was denied in the court and they will enforce the WRONG amount!!! HOW is this possible?!? The ONLY thing I can think of happening is that my husband's old lawyer (who horribly screwed him over) had submitted a statement without talking to my husband (after he thought his lawyer/client relationship was over, judging by the last letter he send and the fact the lawyer did not return his calls), and before my husband could get the paperwork that he submitted into the judge, the judge made his ruling.
HOW is this fair?!? BM is going to get an additional $1000 that she is NOT entitled to. Who do we turn to now? My husband is just trying to pay the right amount (he's NOT trying to get out of it), yet the courts are siding with BM and he has to pay the wrong amount. He is beside himself now. He may try to go to the court on Tuesday, but is wondering what is the point, plus he's afraid of getting more screwed.
Whatever you do, do it fast.
Whatever you do, do it fast. The Bradley Amendment protects these payments, and once they are due, there is no getting out of it. Appeal, have an attorney resubmit it, or whatever you have to do. And do it yesterday.
We can't afford an attorney
We can't afford an attorney anymore. The appeal is $300, but he's afraid to piss off the judge. We aren't "poor" like she is, so no free legal aid. He says he can pay it and the kid gets no Christmas or birthday presents for the next few years since BM gets extra money...
sorry double post
sorry double post
An appeal is your right. See
An appeal is your right. See if you can find a 'bundled services' attorney who will do just one thing for you for a flat fee, if you can afford that. You might be able to find a list at the court house. It would be better than throwing $1000 at BM every month.
This is just for arrearages,
This is just for arrearages, thankfully the weekly amount has been set. My husband is ordered to pay an additional $200 a month (he is paying $1200 a month now) to pay back the arrears.
He's just concerned (and pissed) that if he appeals the judge will make his life a living hell since they will have the same judge for future issues. But yes, I told him it's his right to appeal. I totally forgot there are attorneys who are LARs (limited attorney representative or something like that) and they may be able to help. Thing is he can't do anything really until Tuesday.
Now he can just go to the
Now he can just go to the courthouse to find out why it got denied, right?
He can try. We found out the
He can try. We found out the hard way that they don't seem to HAVE to give an answer though.
So they can deny someone who
So they can deny someone who has official proof, and not say why?! What kind of crap system is this?!!!
Get this. My DH was awarded
Get this. My DH was awarded child support, has custody of his kids, all that good stuff. BM's income was imputed, after having been found to be acting neglectful and deliberately depressing her income for the sake of child support. Judge ordered her to pay and told her she needs to get a job.
BM did not pay, go figure. DH took her to court for contempt for failure to pay child support. BM was -NOT- held in contempt. No contempt. Did she pay? No. Did she have evidence she paid? No. Did she have a job yet? No. Did she have proof she couldn't get one? No. Just a list of places she claimed to apply to and get rejected from. Oh and she admittedly had no regard for court orders in her response, forgot about that.
Judge told her off, told her she was a bum, bad influence for her kids, etc. But did not hold her in contempt. Told DH she still owed him, but did not even order her to pay.
And we are not rich, by the way. We need the money desperately. Behind on bills, the whole drill. Bm though, living off her DH, no problems whatsoever. So, she doesn't have to deal with the kids, AND she doesn't have to pay child support.
Would the CS office help him?
Would the CS office help him? Or would they just see that the court order says what it does and tell him no?
Thank you everyone. He is
Thank you everyone. He is just beside himself, mostly because he already feels absolutely horrible about this awful mistake, but also because he feels incredibly duped and let down by a justice system that is supposed to be about what is right. He has been nothing but law-abiding, paying the $, and trying to do the right thing by working things out with us. And he gets shit on, yet again. And when it is so blatantly obvious that the numbers were wrong.