I am doing an update of my case where people were bashing my husband and I by thinking that we were only out to not pay child support.
First off we finally received a ruling last week.
1) Father presented his financial information to the courts. He then asked that the Mother also be required to present her financial info to the courts as well. He stated that he suspected that the Mother was and has been lying about her income for some time. Her lawyer objected stating that she was not the obligor so she should not have to prove her income and asked that it be left at the rate of minimum wage. The judge then asked her what her objection was to providing the information and explained to her that if her income has changed she is required to provide this info if Dad asks for it. She retorted that “my income is the same that it has ever been and it is not his business what I do with my life.” The judge then asked Dad why he thought her income had increased and he presented the Deed of Reconveyance as well as the financial affidavit that she submitted to the court stating her household income and her bills. He argued that her household monthly bills exceeded her monthly income in her home. He also argues that Mom had to have some financial means to pay off the house.
She retorted back that it was invasion of privacy having the Deed and that she wanted him arrested for harassment. The judge ordered a subpoena of all of her banking records from the past year as well as her last 2 tax returns.
The Banking statements showed monthly deposits of an excess of 15,000 to 20,000. It also showed a substantial deposit from September of 2005 in the amount of 325,000. It turns out that her Mother died about 13 months ago and that she owned a business that produced a large income. When she died his ex-wife took over the business. She has been working there since her death and making a substantial income from it.
The judge ordered her in contempt of court because she provided falsified documents to the court and erased Dad’s arrears to show her increase in income. (Dad filed for a modification when he got in his accident and Mom claimed at the time that her financial information was not necessary and that she was not working)
2) The judge also heard the case of the abuse towards the children and denied visitations as well of refusal of communication. The children were ordered to a mediator and assigned a GAL. The mediator concluded that Mom has “done irreparable harm to the health and welfare of the children and they are in a position that can result in compromising the safety and health of the children both physically and mentally.” The judge awarded dad sole custody of the children pending review every 3 months (for one year) to ensure that the children are coping with the change in circumstances. The father also ordered mom to pay s fine and all costs incurred from reunification services between the children and dad.
Dad is living in Tucson so that the children can finish with school (May 26th) Mom has visitation every other weekend (supervised and her new spouse is not allowed) and is solely responsible for reimbursing Dad’s living costs (rent) while he is residing in Tucson.
Mom was also fined the maximum 1,000 for each of the 16 counts of contempt. (Which dad has put in a college fund for the kids)
Once the children return to Illinois Mom will pay for daycare costs as well as all transportation dad only asked for that and deviated from the child support guidelines because he only wanted enough to take care of the kids. And trust me, the original calculations were for $1,512.57 a month. Could we use the money? SURE. Do we need to money to properly support the kids? NO.
So for those of you out there that said that we had ulterior motives you were wrong. We wanted what was best for the kids and the courts saw it for just what it was. Furthermore, the judge obviously felt that the deed was important.
First off we finally received a ruling last week.
1) Father presented his financial information to the courts. He then asked that the Mother also be required to present her financial info to the courts as well. He stated that he suspected that the Mother was and has been lying about her income for some time. Her lawyer objected stating that she was not the obligor so she should not have to prove her income and asked that it be left at the rate of minimum wage. The judge then asked her what her objection was to providing the information and explained to her that if her income has changed she is required to provide this info if Dad asks for it. She retorted that “my income is the same that it has ever been and it is not his business what I do with my life.” The judge then asked Dad why he thought her income had increased and he presented the Deed of Reconveyance as well as the financial affidavit that she submitted to the court stating her household income and her bills. He argued that her household monthly bills exceeded her monthly income in her home. He also argues that Mom had to have some financial means to pay off the house.
She retorted back that it was invasion of privacy having the Deed and that she wanted him arrested for harassment. The judge ordered a subpoena of all of her banking records from the past year as well as her last 2 tax returns.
The Banking statements showed monthly deposits of an excess of 15,000 to 20,000. It also showed a substantial deposit from September of 2005 in the amount of 325,000. It turns out that her Mother died about 13 months ago and that she owned a business that produced a large income. When she died his ex-wife took over the business. She has been working there since her death and making a substantial income from it.
The judge ordered her in contempt of court because she provided falsified documents to the court and erased Dad’s arrears to show her increase in income. (Dad filed for a modification when he got in his accident and Mom claimed at the time that her financial information was not necessary and that she was not working)
2) The judge also heard the case of the abuse towards the children and denied visitations as well of refusal of communication. The children were ordered to a mediator and assigned a GAL. The mediator concluded that Mom has “done irreparable harm to the health and welfare of the children and they are in a position that can result in compromising the safety and health of the children both physically and mentally.” The judge awarded dad sole custody of the children pending review every 3 months (for one year) to ensure that the children are coping with the change in circumstances. The father also ordered mom to pay s fine and all costs incurred from reunification services between the children and dad.
Dad is living in Tucson so that the children can finish with school (May 26th) Mom has visitation every other weekend (supervised and her new spouse is not allowed) and is solely responsible for reimbursing Dad’s living costs (rent) while he is residing in Tucson.
Mom was also fined the maximum 1,000 for each of the 16 counts of contempt. (Which dad has put in a college fund for the kids)
Once the children return to Illinois Mom will pay for daycare costs as well as all transportation dad only asked for that and deviated from the child support guidelines because he only wanted enough to take care of the kids. And trust me, the original calculations were for $1,512.57 a month. Could we use the money? SURE. Do we need to money to properly support the kids? NO.
So for those of you out there that said that we had ulterior motives you were wrong. We wanted what was best for the kids and the courts saw it for just what it was. Furthermore, the judge obviously felt that the deed was important.