ARRGGHH! Will he EVER get REAMED??

[yolandanewell]

What is the name of your state? CA...

Just wanted to update all of you that have been following my FIASCO - my ex husband and I appeared AGAIN (on his 7 kazillionth motion in under one year - is that a word?) to rehash his financial obligation for our daughter.

He filed the motion for child support modification/review 7 days on the heels of the LAST order (2/19) without substantial change of circumstances... my attorney brought forth the evidence of his excessive use of the police department, court system and failure to pay child support....she used the term ---- litigant (I cannot think of the term she used but it means that he is excessivly filing motion after motion dispite the fact that they are repeated motions against current denials)

He whined about not being able to afford his bills grrrrr... He yammered on about how my contacting his former employers in order to get his wages garnished caused him to lose his jobs... grrrr- he then yammered on about how DMV will not release his license to him because of this "situation"... GRRRR

Judge - THANKFULLY - ruled that there had been no change of circumstance so no change to the order. My ex husband then revealed that he was fired from his job on 3/5/08 (the part time job at $8/hr) - judge kept his wages imputed at full time minimum wage...and told him that he had to REFILE for yet ANOTHER modification to reflect his current circumstances...

My lord I feel another HEARING comin' on.... arrrrggghhhhhhhh

 

[fgib378]

hey

The best thing the judge did when I had that problem was order mediation and the girls dad had to pay for the mediation. We went to mediation once and that was the end of the problems. Maybe your lawyer could ask for that?

 

[garrula lingua]

Vexatious litigant:

CODE OF CIVIL PROCEDURE
SECTION 391-391.7

391. As used in this title, the following terms have the following
meanings:
(a) "Litigation" means any civil action or proceeding, commenced,
maintained or pending in any state or federal court.
(b) "Vexatious litigant" means a person who does any of the
following:
(1) In the immediately preceding seven-year period has commenced,
prosecuted, or maintained in propria persona at least five
litigations other than in a small claims court that have been (i)
finally determined adversely to the person or (ii) unjustifiably
permitted to remain pending at least two years without having been
brought to trial or hearing.
(2) After a litigation has been finally determined against the
person, repeatedly relitigates or attempts to relitigate, in propria
persona, either (i) the validity of the determination against the
same defendant or defendants as to whom the litigation was finally
determined or (ii) the cause of action, claim, controversy, or any of
the issues of fact or law, determined or concluded by the final
determination against the same defendant or defendants as to whom the
litigation was finally determined.
(3) In any litigation while acting in propria persona, repeatedly
files unmeritorious motions, pleadings, or other papers, conducts
unnecessary discovery, or engages in other tactics that are frivolous
or solely intended to cause unnecessary delay.
(4) Has previously been declared to be a vexatious litigant by any
state or federal court of record in any action or proceeding based
upon the same or substantially similar facts, transaction, or
occurrence

 

[yolandanewell]

Already been there...

We were ordered to co-parenting counseling - to be paid for mutually - I showed he didn't ... when we re-appeared.. all the judge said was "It wouldn't work anyway - you two just don't get along"..

So I ate the costs.

 

[yolandanewell]

Vexatious litigant:

CODE OF CIVIL PROCEDURE
SECTION 391-391.7

391. As used in this title, the following terms have the following
meanings:
(a) "Litigation" means any civil action or proceeding, commenced,
maintained or pending in any state or federal court.
(b) "Vexatious litigant" means a person who does any of the
following:
(1) In the immediately preceding seven-year period has commenced,
prosecuted, or maintained in propria persona at least five
litigations other than in a small claims court that have been (i)
finally determined adversely to the person or (ii) unjustifiably
permitted to remain pending at least two years without having been
brought to trial or hearing.
(2) After a litigation has been finally determined against the
person, repeatedly relitigates or attempts to relitigate, in propria
persona, either (i) the validity of the determination against the
same defendant or defendants as to whom the litigation was finally
determined or (ii) the cause of action, claim, controversy, or any of
the issues of fact or law, determined or concluded by the final
determination against the same defendant or defendants as to whom the
litigation was finally determined.
(3) In any litigation while acting in propria persona, repeatedly
files unmeritorious motions, pleadings, or other papers, conducts
unnecessary discovery, or engages in other tactics that are frivolous
or solely intended to cause unnecessary delay.
(4) Has previously been declared to be a vexatious litigant by any
state or federal court of record in any action or proceeding based
upon the same or substantially similar facts, transaction, or
occurrence

YOU NAILED IT!!!!! That is the term that was used today!!! THANK YOU!... now.. since this attorney was only showing today on courtesy...what is my next step at hammering this into stone?? This 391-391.7 may as well have my exhusbands picture next to it!

 

[garrula lingua]

You have to calmly, carefully, digest all the information for a FL Judge in writing.

Document everything. File an OSC Comtempt, with your clear declaration attached, listing your allegations and with all documents attached which prove what you are alleging in your declaration.

If ex is, truly and literally, a vexatious litigant, you have to enumerate all prior hearings, the lack of basis, and the outcome (attach proof).

For proof, get certified copies of his filings from the court clerk (you have to pay).

Judges don't really care about what is said/alleged verbally in court. They do care about what is written in their file, as the Judgw will appear in the news if a party goes wacky after a history of documented misbehaviour.

But when confronted with a listing of prior filings and misbehaviors by a litigant, they must take notice. Part of your problem is your Judge is thinking "they have a problem. they don't get along", instead of 'this guy is not following orders'.

You have to calmly, in writing, memorialize - briefly and accurately - what ex has done which is incorrect (both his vexatious litigation and his contempt of court's orders if such exists). If both VL & Contempt exists, file two motions - contempt & request to have ex declared a VL and ask for reimbursement of all your legal fees.

* even if you lose the motion, you are placing any Judge who opens the file, on notice that ex is a serious problem.
Good luck.
I don't know what county you're in. The County Law Library will have several Family Law Practice books (look for CEB's Family Law Practice Book [it's one volume published by Continuing Education of the CA state Bar] & read the section on contempt & on VL. Xerox the appropriate pages and go over them at home.

 

[yolandanewell]

You have NO IDEA..

Of how helpful this is.

Thank you VERY much for the laymen terms and carefully thought out explanation of my course of action....

He, in fact, has been convicted of contempt (failure to pay child support 7 counts - 5 days in jail per offence suspended for 3 years.)

I filed the contempt charges last year July for contempt of a domestic violence restraining order as well as (thanks to CC) failure to pay child support - immediately following he began his launch of attack via utilizing the Modesto Police Department by way of phoning in "child safety checks" - all of this is documented via email correspondence with the actual Chief of Police... they placed a premise history on my home. Then the services on visitation and custody matters really excellerated... each one on the heels and in direct ignorance of the last order

So it's all very convoluded and confusing.. however I've kept somewhat good track of the case (I have my divorce "bucket" handy at all times which holds all of the paperwork) plus it's really easy to pull the file and do the research myself...

It's about finding the time..... at this point it is worth taking a couple of days off and finally putting an end to this mess...

Any idea of what the form (in Stanislaus County) is that I would utilize to have him declared a VL? I've googled and have found nothing...

 

[CourtClerk]

There is no form, you need to write up a motion and order.

 

[yolandanewell]

Thanks CC...

I think I'll be super considerate and submit my filing with another file folder - pre punched and ready to go... because that would probably spill us over to volume four!!!

 

[sweetkindgal08]

I could totally relate to your frustration but hang in there, you sound like a strong wise woman.

I've been to court so many times to because of my ex and every time he loses. Why don't they get it.

 

[garrula lingua]

Yolanda,
Read the CEB book on Family Law Practice - the pertinent sections.
(Your County Law Library will have a copy & there's, sometimes. a small law library in your local Family Law court).
That will give you a 'template' for the Motion.
Just use pleading paper (on Wordperfect or Word), see how the caption is done, and the introductory wording.
The important thing is to memorialize your allegations against your ex - in writing & in the file - get them in the Judge's face. Hopefully you can get the Judge to address them.
Such declarations (especially certified/conformed copies) will also help with future problems, especially with police (and also day cares, schools, etc).


I think you will need more info through the next several years/decaades of dealing with this yoyo, so gather all the info you can.

Good luck.

 

[yolandanewell]

Thank you!

I'll grab the book and read up on it... He has filed several other motions that were never even brought to hearing - they're all in the file and I've been collecting them on a regular basis... it's as if he keeps throwing things up into the wind and hoping that they stick.

I believe we're up to 14 now - since July of last year - those are the court filings... as far as the police department - we're over 30 at this point... MPD cut him of by way of the premise history - now he uses Atwater PD - he will have them call me if I don't answer my phone...

He's made a complaint to CPS - that never went anywhere...

I'm curious to see the examples of one of these filings... I expect that there are most likely far worse cases than this one out there...

Thanks again for your input!!!

 

[yolandanewell]

Quick Question....

While I was going over the "numbers" with the DSCC attorney - I did ask if it would be possible to actually add the daycare costs to the order. She replied that it was already factored in via a hardship on my side.

I have been (as the divorce judgement says to do) providing receipts to my exhusband on a weekly basis for my costs incurred for "work related child care", as well as my "out of pocket healthcare expenses" as the order reads that he is to pay 50%

Am I out of line doing this considering that it's factored as my hardship already? I know I'll never see the money anyway - being that he will not keep a job - does not pay child support -

 

[TinkerBelleLuvr]

There are some people who will NEVER be responsible. I suspect your X is one of them; helps to remind us why they are our X's.

With that said, if you can get the courts to help you to stop the filings, you might be better off to just present the information and then submit them to the courts to be added to his arrearage. Eventually, either a GF or wife or someone, will be on his tush to get a real job and keep it. Then, you can have them deduct the arrearages thru garnishment.

 

[yolandanewell]

There are some people who will NEVER be responsible. I suspect your X is one of them; helps to remind us why they are our X's.

With that said, if you can get the courts to help you to stop the filings, you might be better off to just present the information and then submit them to the courts to be added to his arrearage. Eventually, either a GF or wife or someone, will be on his tush to get a real job and keep it. Then, you can have them deduct the arrearages thru garnishment.

Amen to that!!! It's really strange... met him and he was successful as an EMT - been with that company for over 9 years... we married and wham-o... wonder if it was somethig I said? haha...
As for the new girlfriend.... he's got one - pregnant and due in May - she assists him with these filings and attends every hearing with him... and a few weeks ago - my three year old daughter came home calling her "Mama Jeannene"... I almost lost it...

Just MY luck - grrrrrr....

Will definetly have to see what curve and turn comes next ---