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Had court today

KiFire's picture

So BM1 has been withholding visitation and FDH had filed a contempt but we all know how fast and useful that is. It was finally dealt with today, and it didn't go half bad. We found out BM got a lawyer, last night we got 'served' a counter contempt and a petition for modification, both to be handled today. The summons was sent to our old house, by mail, on the 18th. That's not even a week's notice(it's 14 business days notice here for mods). So I'm not sure where this lawyer went to school but we knew the modification stuff wouldn't be handled today.

FDH's contempt was just for withholding the visits, he's just asking for make-up time and making it known that she's being difficult. Her contempt is for him not holding health insurance for SD, him owing out-of-pocket medical expenses, him being in arrears, and for him not paying her $978 as agreed in their divorce settlement in 2009. And her modification is asking that FDH's overnight visitation be suspended until he moves into a better house, because we don't have heating or electricity, and SD7 is sleeping with her grandparents, and as always, looking for more CS.

They never even went in front of the judge, and I don't know if her lawyer will continue to represent her.

-FDH will be getting his make-up time, BM tried to say he forfeited the visitation, but he mentioned that he recorded the phone calls with GBM where he was told to not come.

-FDH produced the CO that says right on it that BM is responsible for Health insurance, and the $20 extra he pays a week in CS to help her pay for it (at the time it was too expensive through his work.) The lawyer just stared at BM

-FDH will not be paying any out-of-pocket medical unless BM can produce ACTUAL RECEIPTS for him, no the piece of paper that says "glasses - $575" is not acceptable. Also, he will not have to pay any co-pays for Dr. Visits he isn't notified about in writing. When he asked BM in the room if SD had ever seen a cardiologist and she denied it, he pulled out the visit records from SD's medical binder we keep (it's a 4" binder we bought 10months ago, it's full we need a new one for anything else. That's how often she is at the doctors or ER).

-BM couldn't produce proof of the arrears from the DOR office in the courthouse, so nope.

- FDH is being forced to pay the $978 to her through the CS office, so it's on his account as arrears, which means no tax return this yea unless he gets it removed. The clerk said it could be removed as long as he has proof she never paid her half of a car loan they had when they divorced. She hasn't and it's a little over 4k owed.

- The modification was pushed off to another date because her lawyer is a moron and didn't give enough notice or send it to the right address.

FDH is going to file his own modification to have phone calls and transportation responsibilities added. Cause right now he can't talk to SD outside of his visits, BM says she has no phone and GBM just doesn't answer. According to SD she can't call FDH, it makes mommy sad that SD doesn't love her. We also learned that she suddenly wants FDH to carry the insurance because her 3year renewal for SSI came up and until SD goes to see SSI's doctors, no more money and no more health insurance. Since BM only got SD on by changing DR.s until she found ones that would bend to her hypochondriac ways and sign off that SD is legally blind/disabled. She's avoiding being ousted as a fraud.

Comments

KiFire's picture

I really hope she get's a new one, it would amuse the crap out of me. though I'm 90% certain this was a free lawyer because she's on SSI and welfare. So I'm not sure if she would get a new one or if she would just be on her own.

Kiwiflowers6's picture

OMG Sounds great! Congrats! I know personally that great days at court vs the hubbs Bm are always the best! Makes ya feel good! Brings you and hubbs closer together with the tiny victory! Smile

KiFire's picture

Well we knew it would go better than usual when FDH was told their judge was on vacation so they should do mediation and then go to whatever judge was open. There is one judge here who is amazing. He's a hardass but he is an equal opportunity hard ass. The mediation clerk was just as great, she saw through BM in a second. she also asked the lawyer how he graduated without knowing how to serve someone properly, because he had the notice sent to our old house, and expected to hear a matter today that he'd only brought up 4 business days ago.

KiFire's picture

Honestly, I've never seen BM1s FB. And SD is only 7, she already calls me a homewrecker or "his mistress" so I'm not overly worried about that. Her ususal backlash is with holding visitation or harrassing phone calls, but she's currently pretending her phone is off and making us do all communication through GBM so phone calls are out, she just lost her xmas vacay over with holding, and everyone knows she's a moron when she calls me a home wrecker, FDH had another relationship and kid between BM1 and I lol.