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My ex again making a mockery of our system, and gets away with it!

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dori143

Junior Member
What is the name of your state?What is the name of your state? State of Missouri, Platte City MO.

First please excuse my grammer and spelling.....and the novel to follow...

I am beyond wary of the sharaid my ex has put my daughters and myself through.

Back ground. He abandoned our three daughters at the time they were 9 (twins) and our last child was 7.

I do not resent the fact he wanted out of our marriage however I do resent how he went about it. Infidelity had been an issue for years but this time I had no recourse but to file for divorce to secure my custody rights for the girls. I had always been their primary caretaker (mom).

I filed for divorce in Oct. 1994, had an attorney from God, who took my case next to nothing. At that time it would have only been a 30 day process. We had nothing of true value but our daughters. I only asked for the household items beds table ect, trust me it was early american garage sale stuff. I was not opposed for him to take his tools, and toys, <hunting guns and bows, duck junk, bass boat, dirt bike yadi ya. I did not realize the value of his Tools or Toys

Although he had a girlfriend who he was residing with his mother and father in their home, he contested the divorce. My heart of hearts tells me it was only a ploy to avoid paying child support. Although I was not receiving any support I never with held visitation from him or his family.

We finally had a trial date July 1995, a very respected judge presided. My ex never responded to the (like dicovery forms) that my attorney sent certified. Although he had a lawyer he showed up pro-si. With a fax indicating his last pay period as proof of income.

The trial was aweful, did I mention a stupid mosquito bit me between my eyes during the night and I looked like something off of star trek...LOL gotto laugh at myself,

Although mentioned and ordered that I would cover the medical payment through my employer and child care. I was allowed to relocate to Texas because my corp merged. The Judge made an error and failed to calculate these amounts into the Child Support Worksheet. My attorney caught the error, and sent a letter notifiying the Judge. His Honor replied and ammended the decree to compensate the medical and childcare. So in essence we have two filed decrees. My ex was to pay $563.00 toward CS and $100. toward his arreage of 3K.

I apologize but the history is so vital to what is happening to our family now.

My ex failed to pay CS for several years, when he finally decided to pay his arreage was just under 17k and finally after I heard of all his new toys I got fed up and notified everyone including CSE in Washington DC. I previously exhausted the local Jeff City CSE office. My ex is self employeed. Very hard to garnish his wage.

After a letter from the Gov of Mo. the PA office stepped up and won a contempt of court judgement that was in April 2002. Since he paid his 553.00
CS & 100 arreage like clockwork, not a penny more or less.

The twins were Sept babies which placed them in HS at 18. We all had high hopes that they would be able to attend UTA, but both of them missed the score by ONE point. We appealed but was denied. They offered if the kids do 30hrs at a community then they would allow them in Univerisity. In the state of mo, if your child is not enrolled in higher education, then my ex has the right to emansipaate them. This was my fault for all the delay, but the law is the law and accept his request. One twin decided to go to Tallahassee to stay with her Aunt on the other side, we didnt divorce each other...lol and persue her education, while tanning....Oh, and I have a general divorce order ??????????????? should the CS amount change because two kids were emancipated.??????????

My ex did show for the twins graduation, however he left early with out saying one word to them, not a card or gift. It hurt them deeply.

The twins will be in community colledge starting this Jan. Lucky my work has allowed me to keep them on the insurance. My biggest woe has been my 16yr. She had refused to go to school. I called the office and told them she is home but wont get out of bed. Im done with screaming and throwing water. The counsler would even help me by calling and telling her to get up. It went to the turrant process, but God was with her because the supervisor said she stoped the litigation, and will take her case personally. She oversees the area and only has 3 kids she looks after. I have been blind, my child was not cutting class she flat out was locked in her room all the signs of depression but I didnt see it until October. I took her to counsling before it never worked, but we finally found a kids counsler she related to, and he was concerned, he didnt tell me everything but he was very worried she is going into mass depression. I took her to a "inhouse or outhouse clinic" against her wishes...but she talked with a psy doc and he dionosed her as having social aniexty and depression. He recommend that she remains out of school for two months, while the antidepressants took effect. Who ever you are I never beleived in meds before, but Im getting my kid back! Her smile, her eyes light up and best of all her witisism is comming back. We had a ruff fall but that should not discount the past 9.5 Ive been there for her and the twins.

So as I got back from this counsling with the psy doctor, I was servered a motion to modify divorce decree. I had 30 days to file my answer, and was under the impression I had to go there myself. This did not give me time enough to to book a flight at a decent rate, so I was forced to take a bus both ways. Lucky for me I have very good friends who let me stay with them.

I reveiwed that petition with a fine tooth comb. My back ground is in mortgage but a contract is a contract and I treated each word and number verbaitum.

My answer included a table all in order by section. This is another ploy to get out of his arreage. He is claming that I owe half of 118k back taxes. How in the world would I owe that I had no privy to his business. Nor did I have any investment or interest. I had just started the workforce when our last went into kindergarten.

I do not understand any of this garbage I contacted the IRS they provided me proof that during and since my marriage I personally do not owe them anything. They sent me a table indicating as such, which I used as part of the attachments.

If the ex made 118k, I was not aware of it! When I was married I lived very humble. Aside from his tools and toys, we had nothing. We were renting an old old farmhouse for 350. a month. How on earth can I be liable for a tax bill that the IRS said I do not owe, Im frightened though, the judge may rule in his favor they can do that right?....

To add salt to a wound, his attorney is well versed in family law and doesnt lose often. I have to go pro-si because I dont have a 3k retainer.

What I hope is that they were banking I wouldnt show up, therefore they would win by default. Oh I did have an attorney that would take my case, but due to time restraints we couldnt meet he informed me to ask for a continuancy. As it turns out my EX used him before. So conflict of interest.

EX attorney knows the right people, Im afraid to go up against him. But I am confident I have the needed documents, the original decree, the letters to and from my attorney and his honor regarding the calculation error. A payment history from day one. The judgement of contemt. IRS table and the agents name I spoke with (3x's). His current arreage is 13,500. and change.

I also have charitor witnessess that are willing to verify I had no privy to his business. And that we did not live a life style where 118k in taxes would be owed. In additon a noterized filed statement from my friend who had loaned me 2300.00 through the years helping me keep my head above water.

In your honest opinion what are my chances? How do you even approch the bench OMG, Im so frighted.

PROMISSE this is the last of our sob story not saab story darn it!
I was dionosed in 2001 having HepC I contacted it through tainted blood during a transfusion. It went undetected for so long it turned to cirrhosis, and Ive been on the liver transplant list at Baylor since 2002. I finally had to stop working and my income has been reduced by well over 50%. Long story longer, this last year I have turned for the worse. Through MRI's they have watched my close. Last test showed HCC, cancer of the liver. Im not sure what the next step is, aside from more test hopefully its contained to the liver, then I have an excellent chance of a transplant and good recovery. The less sick when transplanted the better you fair. So far Im in good spirits and thinking positive. I just wish I didnt have this legal matter looming over my head.

Oh and during the setting trial date the attorney ask for half day, my response was since his reputation preseeds him may we have a full day. That gives me till April to learn to be a lawyer LOL....

My ex failed to pay his support for Dec. Can he do that just because we are in litigation? The judge did not put a stay on any payments. Not a bright move on his part, at least I hope.

Okay whom ever you are God Bless you for putting up with my novel. I hope anyone has input that can assist me. I need all the pointers I can get.

Thanks again
Dori143
 


LdiJ

Senior Member
Dori, I am really sorry to hear what you are going through, both with your medical issues and with the child support issues. Your ex is clearly a jerk.

To answer a few of your questions. Yes, if two out of three children are emancipated, then a child support modification can happen. However it won't be as much of a reduction as either of you think, and might be even less of a reduction if his income has increased. Its also possible that the judge could keep the payment the same, and just have more applied towards arrearages.

The IRS clearly isn't going to hold you liable for his tax debts. I honestly think its pretty unlikely that a judge would hold you liable as well. Particularly if it wasn't included in the original divorce decree. He is coming back 10 years later trying to have you responsible for debt you knew nothing about and that he never brought up in the first place.
 

dori143

Junior Member
Ldij.....Thank you.

LD,

The other post was correct you are a Gem, I appreciate your input. Your comments did calm my heart for a awhile. :)

Jerk is an understatement,, he failed to pay his Dec support. I do not beleive his attorney is going to be very happy with this behavior, not to mention not calling the kids, the youngest called him.

I need an attorney, I know this, I can just see me start to shake, (part of my disease). I just was dionosed with the hepotma (liver mass) so not sure what is entailed. I may be placed at the top of the list and that would leave me unable to leave a 50mile radius. Can I have the trial moved>>> I wonder or just continued????

As you can tell Im wordy so more reason to have an attorney! Besides my humor is often limited to myself.

I really do Thank you bearing through the novel. Since I have already depleted my 401k, stock options and savings bonds I have grave concern for the girls and their future.

Keep up the good works!
Dori
 

LdiJ

Senior Member
dori143 said:
LD,

The other post was correct you are a Gem, I appreciate your input. Your comments did calm my heart for a awhile. :)

Jerk is an understatement,, he failed to pay his Dec support. I do not beleive his attorney is going to be very happy with this behavior, not to mention not calling the kids, the youngest called him.

I need an attorney, I know this, I can just see me start to shake, (part of my disease). I just was dionosed with the hepotma (liver mass) so not sure what is entailed. I may be placed at the top of the list and that would leave me unable to leave a 50mile radius. Can I have the trial moved>>> I wonder or just continued????

As you can tell Im wordy so more reason to have an attorney! Besides my humor is often limited to myself.

I really do Thank you bearing through the novel. Since I have already depleted my 401k, stock options and savings bonds I have grave concern for the girls and their future.

Keep up the good works!
Dori
Serious health issues are definitely a valid reason for a continuance...however there is also a possibility that you would be allowed to attend hearings via teleconference. That is happening more and more these days. I do agree that you need an attorney if at all possible. There is just too much money involved here to risk handling this without one. However, I also think that you should request that he be responsible to pay at least a portion of your attorney fees. I can't guarantee that the judge will honor that request, but there is certainly a reasonable chance that he/she would.
 

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