cpnebraska
addict
Reged: 09/08/08
Posts: 541
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I had a wierd feeling on Monday because I hadn't heard anything about the new court date after the contiuance.
So I decided to look through the schedule posted online. Yup there I was. The court mistyped my address. Nice of my neighbors to mark return to sender right?? Ugh. I will address that with my neighbors later. Who knows maybe they did and the courthouse screwed up yet again.
So Off I go to find out what the new CS will be. They verified again that he makes 2x as much as he claimed. Not sure if anything will be done about the "bad" information. I'm not really sure if I care or not.
My lawyer said Why would I want to give up tax exemptions but he knows me and realizes I want to be fair while not getting screwd. So I will agree but request the first year of the alternating schedule on his advice. If they say no, then I guess I say no to the exemptions and he can take me to court.
Crossing my fingers it goes well, ne mess no fuss. No ridiculous requests. I am also hoping EX won't be there and will just let his lawyer handle it. My lawyer isn't representing me in this just advising me. The State attorney is handling it representing the best interests of the kids.
I'm excited and terrified!
Oh and a birdy told me that Ex and SM are looking at moving out of state!! Which would free me to do the same. I won't get excited about that until he is 100% moved. I'm not even sure I would move but having the option would be nice!!
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Having one kid makes you a parent, two makes you a referee!
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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Goodluck...
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Empty Nesting
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cpnebraska
addict
Reged: 09/08/08
Posts: 541
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It went well. He brought his lawyer and wife. Not sure why but whatever.
We split deductions if current and EOY after with the first being mine.
I just avoided looking at them unless I had to.
She was not happy when she learned he had instant arrears and it was due by 12/31 or I get to claim both.
All in all everyone was an adult and noone asked for anything stupid.
I did ask for copies of EOBs and an explanation of what was covered. They are supposed to send it to me. I also found out that while he was crying poor he was making $45-$55k year. I make less than $30k and I manage to give my kids gifts.
I'm happy.
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Having one kid makes you a parent, two makes you a referee!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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"She was not happy when she learned he had instant arrears and it was due by 12/31 or I get to claim both."
Sorry, but THAT is not fair. You claim to WANT to be fair, but to claim that there are INSTANT arrears, and he has SIX WEEKS to catch them up is simply not right.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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cpnebraska
addict
Reged: 09/08/08
Posts: 541
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It IS fair considering it was filed in Feb and he didn't return his paperwork, then he avoided being served for over 5 months then he filed for a continuance.
The arrears is from his dragging his feet and making it as long as possible. He made his bed and he can deal with it.
When this was started in FEBRUARY he would have had plenty of time to catch up before year end.
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Just wanted to add that the arrears is a state thing, it wasn't my request. If I had the option I still would have asked for the arrears considering all he did to avoid it.
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Having one kid makes you a parent, two makes you a referee!
Edited by cpnebraska (11/09/11 03:15 PM)
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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If they give him a payment plan to catch up the arrears (which they will) he will be considered up to date if he is paying the normal amount, plus the added payment.
"The arrears is from his dragging his feet and making it as long as possible. He made his bed and he can deal with it."
Of course, it would have been MUCH nicer if he just PAID what you told him, and DIDN'T use his RIGHT to a FAIR trial.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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You said:
If they give him a payment plan to catch up the arrears (which they will) he will be considered up to date if he is paying the normal amount, plus the added payment.
My response:
No, he would not be considered up to date. If the arrears are not paid in full by 12/31, then he does not get the exemptions. Nor should he. It doesn't matter that he is paying on it. All that will do is keep other legal actions from being taken.
You said:
Of course, it would have been MUCH nicer if he just PAID what you told him, and DIDN'T use his RIGHT to a FAIR trial.
My response:
Actually it would have been much nicer if he had CO-OPERATED and provided the information that he was supposed to. Instead of dragging it out the way he did.
Personally, I don't think modifications (either up or down) should go back to the date of filing, but start from the date the new amount was ordered EXCEPT in cases where one party drags the process out, like the OP's ex did.
He should have thought about the consequences of HIS actions BEFORE he did them. Now he has to live with them.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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"No, he would not be considered up to date."
Yes, he WOULD. On CONTEMPTABLE arrears, no, he would not, but on INSTANT arrears, created on a back dated court case, YES, he is considered up to date if he is paying the base amount and the amount towards arrears.
"Actually it would have been much nicer if he had CO-OPERATED and provided the information that he was supposed to. Instead of dragging it out the way he did."
He filed for continuances, the JUDGE felt that the continuances were valid, and granted them. Sorry if HIS right to JUSTICE interferred with HER claims.
"He should have thought about the consequences of HIS actions BEFORE he did them."
The CONSEQUENCES of exercising his RIGHT to a fair trial? Are you a COMMUNIST or something?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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You said:
Yes, he WOULD. On CONTEMPTABLE arrears, no, he would not, but on INSTANT arrears, created on a back dated court case, YES, he is considered up to date if he is paying the base amount and the amount towards arrears.
My response:
He is in arrears, he is not going to be able to claim the exemptions as he doesn't get them unless he is current. Well, let me rephrase, unless the court order states that he can get the exemptions when arrears come about because of his dragging his feet about going to court and as a result of his actions getting stuck with what he should have been paying had he not dragged his feet. If the court order says that, then he gets the exemptions. If not and it just says ARREARS, he DOESN'T get them.
You said:
He filed for continuances, the JUDGE felt that the continuances were valid, and granted them. Sorry if HIS right to JUSTICE interferred with HER claims.
The CONSEQUENCES of exercising his RIGHT to a fair trial? Are you a COMMUNIST or something?
My response:
The only communist here is YOU.
A FAIR trial? Well, let's look at that statement, shall we?
The case was filed in February of this year. Which puts the start at 8 MONTHS ago. What did he do? Well, for starters, he didn't return his paperwork. Someone who was concerned with a FAIR trial would have had that in ASAP.
What ELSE did he do? Well, he AVOIDED being served for 5 MONTHS.
Then when he got served, he filed for a continuance. Probably because he DIDN'T comply with what he was supposed to have done in the first place because he was too busy AVOIDING BEING SERVED.
And when she got her FAIR TRIAL, it turns out that he made MORE than what he claimed. Which is probably why he did everything he could to drag this process out. Which had absolutely NOTHING to do with wanting a FAIR trial.
As the OP stated: He made his bed, now he has to lie in it. He should have thought about what the consequences of HIS ACTIONS were going to be. I know that's a concept that you refuse to grasp, but that doesn't change the fact that his instant arrears are COMPLETELY HIS FAULT.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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"He is in arrears"
No, he HAS arrears. When INSTANT arrears are levied, they are NOT treated the same as CONTEMPTABLE arrears. Of course, you past LOUSY advice, and COMPLETE ineptitude on family court laws has demostrated you know little about family law.
"The case was filed in February of this year. Which puts the start at 8 MONTHS ago."
If you knew your ass from a hole in the ground, you would know that 8 months in family court time is NOTHING.
"Well, he AVOIDED being served for 5 MONTHS."
According to HER he avoided being served. Would YOU like to be judged on the CLAIMS of your ex?
"And when she got her FAIR TRIAL, it turns out that he made MORE than what he claimed. Which is probably why he did everything he could to drag this process out. Which had absolutely NOTHING to do with wanting a FAIR trial."
Or he misfigured, or THEY misfigured, or paperwork got lost, or a MULTITUDE of other possibilities. But when YOU are looking to crap on him, you will find ANY reason, even if that means MAKING things up.
BTW, how hard is it to serve someone who sees the kids on a schedule? I mean you KNOW where he will be on a pretty regular basis.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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