Served AGAIN

[yolandanewell]

What is the name of your state? CA

Currently involved in a mess of a case with my exhusband -- there are so many elements to this case that I no longer know which end is up and which is down.

So when I go to pick up the baby from her weekend with Dad... a woman walks by and throws an envelope into my car and says Yolanda you've been served. Oh GOODY...

Here are his latest requests:

1. Request that all ordered support payments/arrearage payments/daycare payments STOP until we can have a financial hearing;

2. Request that I be made to travel to a town 30 minutes away for custody exchanges at 2:00 in the afternoon (weds and Fridays..I'm at work)

3. Request that I be made to give him my cell phone number (in spite of at our last hearing the judge told him he has my home number that's enough)

4. Again a request for joint physical custody

Judge, of course denied them all, and has set us for a financial hearing.

His wages were attached FINALLY in October (after I filed for contempt) and he has quit/lost his job as of December 18. He filed these current papers on December 6.

His criminal contempt hearing (I filed when he violated a DVRO) is scheduled for February

If he is unemployed... what is the use of a financial hearing? Surely they will not modify an order based off of a job to scale to an unemployment status? Wouldnt' that just be an admission on the party ordered to pay that they don't plan on getting a job?

 

[LdiJ]

What is the name of your state? CA

Currently involved in a mess of a case with my exhusband -- there are so many elements to this case that I no longer know which end is up and which is down.

So when I go to pick up the baby from her weekend with Dad... a woman walks by and throws an envelope into my car and says Yolanda you've been served. Oh GOODY...

Here are his latest requests:

1. Request that all ordered support payments/arrearage payments/daycare payments STOP until we can have a financial hearing;

2. Request that I be made to travel to a town 30 minutes away for custody exchanges at 2:00 in the afternoon (weds and Fridays..I'm at work)

3. Request that I be made to give him my cell phone number (in spite of at our last hearing the judge told him he has my home number that's enough)

4. Again a request for joint physical custody

Judge, of course denied them all, and has set us for a financial hearing.

His wages were attached FINALLY in October (after I filed for contempt) and he has quit/lost his job as of December 18. He filed these current papers on December 6.

His criminal contempt hearing (I filed when he violated a DVRO) is scheduled for February

If he is unemployed... what is the use of a financial hearing? Surely they will not modify an order based off of a job to scale to an unemployment status? Wouldnt' that just be an admission on the party ordered to pay that they don't plan on getting a job?

He is probably not going to get a reduction at all. Someone quitting or losing their job right after wage attachment starts is a clear indication of someone who is determined not to pay, and will play every game necessary to avoid paying.

Don't hold out too much hope of being able to collect from him. Do your best to arrange your budget so that you can manage without child support, and then consider it a bonus when you do get it. Its a safer way to handle your financial life.

 

[yolandanewell]

Thank you

I made the HUGE error of budgeting in the support for December assuming that since he has another child on the way that certainly he would keep his job... my biggest boo boo yet. Threw me into a mess with my car note...

Another question:

As of January 26 I will be eligiable for health care coverage for our daughter. Now at the financial review will it be possible for me to ask that they factor in 1/2 of her insurance into the child support order? I know that he won't pay it however it is my understanding that this is a possibility and then that money will also be added to the support order which I can then forward to the DA? This way - I can at some point if the opportunity of his ever gaining employment - I can collect that money? Unlike the daycare payments that he is ordered to pay (1/2 of $100 per week - he's paid a total of $100 this year) - he'll never be made accountable for that money.

I forgot to mention: He requested again several different things that the judge has JUST told him NO on less than 2 months ago at his pretrial hearing -- such as my revealing my cell phone number (he and his girlfriend blew up my cell phone for MONTHS before I finally changed the number). He was clearly told NO by the judge because to order me to actually maintain a cell phone when he has my land line was ridiculous.

He requested AGAIN after being denied at that same hearing... joint physical custody, travel time shared.

He requested ANOTHER modification to the visitation order that was JUST modified to meet HIS convenience - he'd now like to change to time of exchange to 2:00 pm in hte afternoon when I am at work

Within his declaration he states that if the judge does not order his support payments to stop that he will become homeless... I am tempted to make this claim backfire on him and request that until he becomes housed in a stable place that he exercise his visitation at Sierra Vista Children's Center and that all overnight visits stop. But I'm just irritated right now... in the event I become more calm yet still want this claim to backfire on him... is that possible??

How do I get the judge to block him from continuously filing these ridiculous requests...??? How many times, after being told NO by the judge will they allow him to continue asking the same things (with minor changes) over and over again?

 

[TinkerBelleLuvr]

Report to CSE what he HASN'T paid in day care costs. They didn't figure that amount into the child support? He has to pay that separately?

1. Request that all ordered support payments/arrearage payments/daycare payments STOP until we can have a financial hearing;

On what basis? Did you child quit eating? Does your daughter not need diapers? No judge will order this.

2. Request that I be made to travel to a town 30 minutes away for custody exchanges at 2:00 in the afternoon (weds and Fridays..I'm at work)

What is the current schedule?

3. Request that I be made to give him my cell phone number (in spite of at our last hearing the judge told him he has my home number that's enough)

In light of his convictions, I hardly doubt that. He can contact you on the home number; do you have an email address? Something that ends with yahoo or hotmail? Portable, but not as traceable because of his convictions.

4. Again a request for joint physical custody

What has changed since the last court hearing?

His wages were attached FINALLY in October (after I filed for contempt) and he has quit/lost his job as of December 18. He filed these current papers on December 6.

Bad move on his part. doesn't look like responsible behaviour here.

 

[yolandanewell]

Answers

Report to CSE what he HASN'T paid in day care costs. They didn't figure that amount into the child support? He has to pay that separately?
When I spoke to CSE about this she said there was a chance we could get a money judgement against him for daycare. Now this poses another question... shouldn't they be present at this financial hearing??

Quote:
1. Request that all ordered support payments/arrearage payments/daycare payments STOP until we can have a financial hearing;

On what basis? Did you child quit eating? Does your daughter not need diapers? No judge will order this.
He claimed that with this order (he didn't pay before the wage assignment) he will become homeless and he cannot pay his bills... now lets not forget that he moved to a town 45 minutes away to be with his pregnant girlfriend

Quote:
2. Request that I be made to travel to a town 30 minutes away for custody exchanges at 2:00 in the afternoon (weds and Fridays..I'm at work)

What is the current schedule?
current schedule (which was just revised) is that he picks her up 100 yards from my home on Weds evenings at 6:30 for church (which is in this town) and Friday evenigns 100 yards away from my home after church at 8pm and he returns her 100 yards away from my home on Sunday after church. These changes were made per his request at our last hearing after he kept pounding on the mediator to make me travel to turlock in spite of the fact that he was in Modesto 3 times per week for church... I'm grateful he was being obstinant about revealing his employer at that time because if he had modified it around his job - he'd be in a good place right now since he no longer works here... being that he is the drummer in the church band and that he is faithful to attending that church - he's already modified visitation to coincide with church.. not work.


Quote:
3. Request that I be made to give him my cell phone number (in spite of at our last hearing the judge told him he has my home number that's enough)

In light of his convictions, I hardly doubt that. He can contact you on the home number; do you have an email address? Something that ends with yahoo or hotmail? Portable, but not as traceable because of his convictions. Yes I do - he has my office email, and I hold several email accounts at home because of my online volunteer work - he has them all. I've used email to notify him of things because he was unreachable at times, he claimed to never get them because he has no email address - however as soon as my company posted a job for CPR instructors he had replied within 2 hours - not realizing it was me his coorespondence was coming to. The problem with yahoo and hotmail is you cannot get a return receipt...


Quote:
4. Again a request for joint physical custody

What has changed since the last court hearing?
Nothing outside of the fact that his wages were garnished and that he's now unemployed


Quote:
His wages were attached FINALLY in October (after I filed for contempt) and he has quit/lost his job as of December 18. He filed these current papers on December 6.

Bad move on his part. doesn't look like responsible behaviour here.

 

[special mom]

This isn't really legal advice but when MDB's NCP pulled this with the quitting job once they did a wage attachment it took a LONG time to get it straightened out. He filed for reduction due to new baby and "loss" of job and he got an increase for his trouble. Judges don't look on this lightly.

Regarding the daycare, senior members, couldn't she ask it to included into the calculation?
Ours is here in MD and it makes it much easier than having contact with them over it.

Be patient. The criminal hearing won't likely resolve anything in a timely manner, but perhaps it will eventually. With out NCP, after the Criminal Hearing, he had from July to end of November before they actually picked him up for non-payment. they give them a lot of time to pay, but once he discovered he couldn't get away with it, he's making regular payments. What Ldj said about the budget is on the money. Now when i get payments, i can set them aside for rainy day, ie; him not paying again. I figure it's bound to happen eventually.

Good Luck and Happy New Year,

SM

 

[yolandanewell]

Special Mom...

Be patient. The criminal hearing won't likely resolve anything in a timely manner, but perhaps it will eventually.

The criminal hearing story goes like this... In July he threatened to hack my head off with a knife and I got no assistance from the police in spite of the fact that it was left on voicemail AND he was violating the Domestic Violence Restraining Order - I filed for contempt for this as well as nonpayment of child support. At his pretrial hearing the DA had been involved in actively garnishing his wages so the judge DROPPED the non payment contempt charge and moved forward with the violation of the DVRO. The contempt for nonpayment isn't even on the table any longer.

 

[LdiJ]

I really don't think that either the financial hearing or the hearing for the DVO are going to be pleasant for him. He is really digging himself a deeper and deeper hole.

You have to be very specific when talking to the judge about the pickup times and transportation issues. Point out that the current set up was at his request, because he is in your town three times a week for church, and this coincides with his church schedule. Also point out that you are working at 2:00 PM in the afternoon and that you cannot take off early from work twice a week or every other week. Therefore its not a reasonable request on his part.

Point out as well that he is the one who moved 45 minutes away. Be very precise on these issues.

The judge might give him the earlier pickup time, but the judge will make him provide the transportation.

Try to get the judge to order that the daycare be included in the child support order.

You probably want to include this all as a written response to his motions. That way it will be in front of the judge before the hearing.

 

[yolandanewell]

Thank you again...

I've composed my response already however I will restructure it to be a little more orderly... I apologize for the duplicate threads.. here is the question I had posed in the other one..

--------------------------------------------------------------------------------

What is the name of your state? CA

I've gone through DCSS to collect child support. My ex just had me served with an OSC requesting that his support payments STOP all together and requested a financial hearing, which the hearing was granted to be be heard in mid-February.

Since I am no longer the 'collecting party' - the DCSS is... shouldn't he have served that request to them?

 

[LdiJ]

I've composed my response already however I will restructure it to be a little more orderly... I apologize for the duplicate threads.. here is the question I had posed in the other one..

--------------------------------------------------------------------------------

What is the name of your state? CA

I've gone through DCSS to collect child support. My ex just had me served with an OSC requesting that his support payments STOP all together and requested a financial hearing, which the hearing was granted to be be heard in mid-February.

Since I am no longer the 'collecting party' - the DCSS is... shouldn't he have served that request to them?

Not necessarily. He is not required to go through them to request a modification. They will get the results of the modification. Also, he is including issues in his request for a modfication that they wouldn't handle anyway.

 

[yolandanewell]

Thank you!

I appreciate all of your help - quite honestly I'm in absolute AWE that this person has even done this - and he's VERY serious about it too... I have no choice but to seriously question his state of mind...

 

[LdiJ]

I appreciate all of your help - quite honestly I'm in absolute AWE that this person has even done this - and he's VERY serious about it too... I have no choice but to seriously question his state of mind...

Its one of two things.

Either he is truly desperate because he has stretched himself to the point where he just can't handle his budget plus the child support...or,

He is just one of those people who can't stand the thought of giving his "ex" any money, and will do everything in his power to avoid it, even if it does him more harm than good.

 

[yolandanewell]

It's more than likely both...

Is there some way - I'm stretching here - that I can STOP him from these continuous, repeatedly denied requests??? I cannot tell you how many times in the past 5 months that I've had to goto court on ridiculous matters - now he is repeating already denied requests.
This is costing me huge payroll deductions from the hours missed - which is hurting our home financially - I've not had ONE month since July that has been uninterrupted by court hearings... mostly on HIS motions.

 

[special mom]

Be patient. The criminal hearing won't likely resolve anything in a timely manner, but perhaps it will eventually.

The criminal hearing story goes like this... In July he threatened to hack my head off with a knife and I got no assistance from the police in spite of the fact that it was left on voicemail AND he was violating the Domestic Violence Restraining Order - I filed for contempt for this as well as nonpayment of child support. At his pretrial hearing the DA had been involved in actively garnishing his wages so the judge DROPPED the non payment contempt charge and moved forward with the violation of the DVRO. The contempt for nonpayment isn't even on the table any longer.

Oh MY! I'm sorry, I had no idea, obviously. I hope you are able to have this resolved quickly. Perhaps 2008 will be better for you.

 

[yolandanewell]

Special Mom...

Oh MY! I'm sorry, I had no idea, obviously. I hope you are able to have this resolved quickly. Perhaps 2008 will be better for you.
More than likely - from what I've heard here is that he will spend no time in jail. The judge residing over this case is absolutely sick of seeing our faces...which goes to show that my exhusband has done exactly as he wanted to do which is to defuse the seriousness of the original complaint filed against him for the threatening call. His pregnant girlfriend (amidst the lengthy and various statements she filed with the court) actually typed out verbatim the threat that he left on my voice mail and followed her transcript with a disclaimer that it was only meant to be funny. Since I filed for the contempt charges I've also had to file for a restraining order against the girlfriend (she called my job, daycare, doctors stirring trouble) I've had a premise history put onto my residence by the Modesto Police Department because they continuously sent police to our home for safety checks on our little girl (one even in the middle of the night) and I've quickly been sinking financially because I cannot earn my full wage due to the repeated and ridiculous hearings that he gets this judge to set ---- frustrating beyond belief.