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#155291 - 10/19/06 07:54 PM Re: Here's the way I see it.... [Re: katiefedup]
Buckeye Offline
Carpal \'Tunnel

Registered: 12/08/05
Posts: 7873
Loc: OH
she has ignored the bills and now BM is taking her to court.

I think this is why BM is now asking for it to be settled.

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#155292 - 10/19/06 07:55 PM Re: Here's the way I see it.... [Re: M5M5]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
Seems like a simple defense. You have the court order which your husband did agree to and I assume he has the rest of the paper work. Does he??????

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#155293 - 10/19/06 07:57 PM Re: Here's the way I see it.... [Re: M5M5]
AnneB Offline
Carpal \'Tunnel

Registered: 09/21/05
Posts: 3645
I thought you were going to ask the attorney to represent you again if he could wait for the money--since there was a continuance. Maybe I missed the sequel to the original post! It would be really good--because then you could get all the issues addressed and hopefully avoid the next episode of this drama.

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#155294 - 10/19/06 08:16 PM Re: Here's the way I see it.... [Re: AnneB]
M5M5 Offline
Carpal \'Tunnel

Registered: 07/29/05
Posts: 11830
Well that was the plane Anne...but he hasn't returned our calls or anything. So, DH may be stuck representing himself again. I just hope I can get him to study the case and know it as well as I do so he can be prepared in court. I can do all the research for him, but I can't stand up and represent him. KWIM?

Katie..yes we have all the paperwork we need. I have copies of all the bills, receipts, letters etc. I just have a fear that Bm's atty will run over DH in court and DH not knowing how to properly defend himself. That wasn't a worry when we had the atty, but now it is again.

Then again, DH has been standing up for himself more to them lately because he is getting tired of the crap..all these trips to court and all her lies and B.S. He really stood up for himself well in the deposition hearing from what he says.

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#155295 - 10/19/06 08:19 PM Re: Here's the way I see it.... [Re: AnneB]
Buckeye Offline
Carpal \'Tunnel

Registered: 12/08/05
Posts: 7873
Loc: OH
M5 - take the CO and underline where it says they have to mutually agree to medical, dental and extra activities.

Also, underline where it says BM has to carry health insurance.

Then, I would ask that BM have to pay all current and future medical and dental bills. Then, because she is not carrying health and dental insurance, and ex is, that she has to pay all deductibles, co-insurance and out of pocket payments in lieu of having the insurance.

Next, I would say that CS is to cover all extra activities.

Then, I would ask that your attorney bills be paid by BM because she is in contempt of the court order.

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#155296 - 10/19/06 08:23 PM Re: Here's the way I see it.... [Re: M5M5]
AnneB Offline
Carpal \'Tunnel

Registered: 09/21/05
Posts: 3645
Maybe you can make notes for him and help him to get ready. Try to get everything very organized for him. I think your former attorney sounds like a jerk. He could at least have his legal assistant return your calls or have the decency to write you a letter and tell you that he is not willing to work with you regarding money--anything except ignore you.

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#155297 - 10/19/06 08:43 PM You need to PRACTICE with him... [Re: M5M5]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
I know it was only a MOVIE, but have you ever seen My Cousin Vinny? See how they did the back and forth banter? They were, essentially, PRACTICING for court. So, do the same thing. YOU be HER, make yourself as IGNORANT and IRRITATING as possible. Caricature her, exagerate her body motions and voice quality.

This accomplishes two things. It prepares him for court, and when she DOES act like a PITA, instead of being INTIMIDATED, he will picture YOU doing the same thing, and it will put him at ease.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#155298 - 10/19/06 09:00 PM Re: You need to PRACTICE with him... [Re: gr8Dad]
M5M5 Offline
Carpal \'Tunnel

Registered: 07/29/05
Posts: 11830
We have practiced like that before except I was her atty (she's had the same atty since the divorce so we know what he will do and say pretty well) and I was cross examining him lol. I need for him to study the whole case stuff i have put together and it's hard for him to have the time to do it because of work...but he HAS to do it and be familiar with our files/paperwork he will be taking. And knowing exactly where everythign is that he needs.

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#155299 - 10/20/06 12:37 AM Re: Here's the way I see it.... [Re: M5M5]
NancyD Offline
Pooh-Bah

Registered: 06/03/05
Posts: 2118
Loc: New York
[quote] Her rental...they just updated the heck out of it...not sure why she hasn't rented it out yet...it's been vacant for at least 6 months but they have been finished with the updates since July. [/quote]

Maybe they need a Certificate of Occupancy before it can be rented, and maybe there's a hold-up with that (only one overworked inspector...shoddy workmanship...never made an appointment for inspection). Or, they're just asking too much rent for the neighborhood.

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#155300 - 10/20/06 01:10 AM Re: Here's the way I see it.... [Re: NancyD]
triple Offline
newbie

Registered: 09/14/06
Posts: 40
The reason it has not been rented is because they are waiting for this hearing to end...I'm not so sure it will work. In fact, I think you should bring this up in court. When I went, my income was imputed based on the rental property I have, which had not been rented for months at the time. There is no reason this should not work for an NCP, although everything depends on the judge. You should do this despite what the feminist/Marxist contingent on this board tells you...

In short, I would concentrate on the element of the CO that mandates the agreement between parents for extra-curriculars, the fact that she is in contempt for not providing insurance, and the unpaid debt she has to DH. She is clearly in violation of all of these elements.

Also, does she have access to insurance through an employer? If not, as I said, PRESS THE ISSUE OF THE UNFULFILLED OBLIGATION SHE HAS TO INSURE THE KIDS. People who have to pay insurance themselves often find themselves suddenly less willing to take their kids to wannabe doctors/chiros.........

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