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The long awaited part 2. I'm sorry guys!!

AndSoItIs's picture

I'm sorry that have kept you guys waiting. It certainly wasn't my intention. But, it only got slightly juicier as the evening progressed and we picked the skids up from school and what not. So...for that I am thankful that I don't have to write 3 blogs!! Haha.

Okay. so I left off with me listening to the entire hearing at my friends house this morning on my phone.

Things DH got wrong.
1.She has to pay us child support. It actually states that they will figure child support using the states recommended worksheet.
2.Judge never mentions that she can never file another petition to amend.

Everything else is true. Now, remember when I blogged yesterday I was under the impression that she would have to pay child support. I am beyond livid that we have to pay her. This bitch will see her children 6 days a freaking month and for the sake of round numbers, she will be getting nearly 200$/month from us?! HELL NO.

Yes, the children's best interest is still in our hearts. Yes, I'm thankful we "won". Blah blah blah insert obligatory I love the kids and just want them to be normal comment here. Smile

Anyway, so We get a call from DH's lawyer this afternoon. He has spoken to the Judge. Judge has overruled his original decision of the sentencing of 10 days in jail based on DHs attys request. Only kicker is, BM doesn't have to go either. They got "hit" for violating the same thing so if he overrules DH's sentence he feels the moral obligation to overrule BMs too. Damn.

Okay, and now to the juicy goodness. While I listened to the court hearing today, this judge was essentially, pissed. Like, more than pissed. He told both DH and BM that if he heard of either of them even slightly thinking about changing or differing from the order that he put in place that he will overturn the suspended days of the original sentence, make them serve the extra 8 days in jail, and also add ANOTHER 10 days to that 8 for each and all act of contempt. He made that INCREDIBLY clear. Like. The prettiest swarovski you've ever seen.

So. We picks the skids up today. First thing SD6 says when she gets in the car is "well, "our current school" has a lot of nice things about it. and nice kids" Kind of threw me for a loop (remember, now that we are LISTED as the primary and residential parents, we can now enroll them in the school that is in our zone. An elementary in our neighborhood, like...i think 6 houses up from us in the subdivision.) DH gets in the car, and it suddenly clicks. I try to shake the thought off for a minute. DH asks the kids if they had a good day. I casually, and very conversationally ask if they saw their mom today. They both answer, in unison, "Yes, she came for lunch", and then they realized what they had just done.

I KNEW nearly as soon as I heard the words out of SDs mouth. BM had been there talking shit to the skids. Filling their heads with HER bs. And even though we picked them up last night as to avoid this, the stupid bitch not only does it, goes to freaking school and does it!!

Oh but wait, it gets better. We essentially after basically pulling it out of them (after they realized what they had "done" they were terrified to speak) but we found out from SS7 that BM came to lunch, told him "what happened" which according to him she said that the judge said that they can only see each other 4 days a month because she wouldn't give him his pill. She then told him, but I told your dad I would give you your pill. Apparently, and this is why he's my favorite. SS7 then asked from some sort of proof because (and I'm quoting him here) "I thought she might be lying about it". The dumb bitch then pulls out her phone and shows him the ONE text message that she sent DH a week ago saying "If you would only give me his medication like I asked this would all be over with". No reply. No other sent messages. Nothing. (The GAL nailed her ass for that in court too. We have two years of documented proof and she even told the GAL and the judge back in September that she didn't agree to the medication being given. Now suddenly a week before court you change your mind? Bitch, please.) This broke my heart. Apparently she told them all kinds of BS about how she's going to get them a phone and only program her number in to it so they can call her if "they get scared" or "are being buillied". I I sarcastically asked, well couldn't you just tell me or your dad and that would make it much easier for everyone? SS7 replied with "Well your number wont be in the phone", and smiled. I side hugged him and said, well you don't need it because you'll actually be WITH us. Yes, bad bad me. Meh.

Essentially what comes of this is that BM didn't even wait 24 hours before her PASing began. AND she did it technically on DHs parenting time. We have already made the phone call to our lawyer. I am hoping that we can still see her mugshot on the sherrifs website this weekend afterall!!

Sorry, after reading this it all seems so anti climactic. Basically, BMs still a bitch, SS7 at the very least really does "get" it more than I even thought. (oh yes, OT but funny random comment he made to me as we were walking through the mall (we took him to get his hair cut tonight) he said "mom just pretends to be broke so she doesn't have to buy us stuff", I thought that (while true) was a pretty random thing to say. I then said, oh why do you think that? He said "well once I said to her, if you're so poor, how come you can always buy new clothes for you?, and she didn't say anything") Hahahahaha. Yes, my little SS, I think I am raising you to be a normal functioning human. Thank you so much for validating that for me. I really needed a good night with them, and I got it tonight.Anyway, we "won". We have full custody. We are the only ones that can make them any doctors (be it mental or physical health) appointments, we may have to pay child support ( I will update on that I'm sure...ugh), she is devastated, and yet continued to mind fuck these poor children. I said to SS7, do you remember last night when we sat you down and we talked last night about the changes and we told you that you didn't have to worry about being put in the middle anymore, or having to choose because there was nothing else to choose or fight over because it was all done? He said yes. I then said, did your mom make you feel like you had to choose today? He immediately said yes. I started to tear up and his dad and I both apologized to him for that happening. What else can you even do at this point??

I say we burn the bitch at the stake!!!

Comments

DASKRA's picture

I would fight like hell about the CS. There is no reason you should have to pay child support if she only has the kids 6 days a month. You will provide her with clothing for them when you send them to visit and you provide everything else. There is no way that food for 6 days could cost $200. and what happen to her having to support them as well. Is she flat ass broke. Does she work?

I am very happy for all of you and winning your case.

AndSoItIs's picture

Well, our state goes by this fancy schmancy worksheet. So even if we fight, it won't matter. The worksheet has #of days each parent has child (the thing that's killing us is the week on week off in the summer), how much each parent makes, you get a health insurance credit if you're providing insurance, and a couple other things. She works, yes. But she works part time at Walgreens, and part time at a bar. The judge only added 50$ a freakin month to her income for tips from there. Ha. Anyway, DH works solely commission based, and so they took his gross on his May 1 paystub and simply multiplied by 4. He ended up with approx. 9xs what she makes. That's where we're getting screwed. Essentially she makes peanuts and he is getting the whole peanut gallery. Our atty told DH to put the skids on the most expensive insurance plan where he works (approx 750$/month) so that we got a bigger credit for that which lowered the amount "significantly". We will see/

AndSoItIs's picture

They use your last 3 paystubs and usually take average of those 3 for the monthly then multiply by 12. But...the judge did it so I guess it's good to be king. You can do whatever you want. Still don't have the official number yet. Ugh. And yeah, it isn't a LOT of money in the grand scheme of things, but it's the principal of the matter!!

Rags's picture

Keep documenting her crap and every time she so much as thinks about deviating from the CO nail her ass in court.

Your SS-7 is an amazing young man. You may want to record or document the kids comments and get those to your lawyer for him to review and put before the Judge if it will put the final nail in BMs proverbial parenting coffin.

Facts are the key to protecting the best interests of your Skids and in bareing BMs idiot ass.

Keep up the good work.

Congratulations.

IAmALady77's picture

I am so happy for you that you won! congratulations! Smile Im sorry that BM is still being a bitch and WTF showing up at the kids school? ugh. At least you have them pretty much full time now so undoing any damage she does should be a little easier maybe? anyway hugs! Glad you made it through! Smile

AndSoItIs's picture

Thanks everyone!!! We did speak with DHs atty yesterday and he said that it is actually a pretty simple process for this specific case, in terms of this PAS and the contempt that occurred yesterday. He said he will call the GAL this morning. The GAL will speak with the skids ab what happened yesterday. GAL contacts our specific judges office, judge reviews notes, he decides, warrant issued, bam!! Jail. Then hearing an such. This is all in the smoothest most perfect world of course. But, like I said, the judge essentially nailed her ass bc her credibility was completely ruined from the get go and she pretty much had no choice but to "admit" (with the I don't remembers) that she lied straight to his face to get what she wanted. We also had 3 teachers and a day care worker subpoenaed by the GAL who were ALL on our side. They all even said that since our last continuance hearing (feb) that they've seen a "slight change" in them from BMs house. Of course the GAL and DHs atty mentioned this that it was clearly a weak attempt at making herself look better.