Going After BM for Child Support and hitting her w contempt
Ss13 is at his first of three two-week visits with BM or the summer. As suspected, she is working daily, for at least a few hours. When DH and her finalized custody, she stated she was only working 5 hour a week and DH was between jobs so no support was awarded (she asked for spousal and he asked or cs since he is primary).
Currently, DH grosses abou $40k a year. BM stated that she was making only $12 an hour working 5 hours a week. In the past, she was a book keeper, earning $40k as well. She has SS13 eowe.
We would like to get something from her, even if it is $100 per month and splitting of medical / dental
costs as she contributes zilch! We also have a long list of dates and times that she has not brought ss to his activities (which she was court ordered to do) and tons of text message proof, including police reports and text logs that SHE filed with the court previously) proving that she has broken the restraining order. We may also ask that her eowe be reduced to eo Saturday overnight.
I'm wondering what you all think we should do. dH and I are expecting a baby in a few weeks so we'll make our move at the end of summer. DH and BM both represented themselves and we got some coaching from a lawyer previously and paid a paralegal when needed I assist with the divorce. We will probably dO all of this on our own again.
Any advice? We are in CAlifornia.
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Na. SHe doesn't want the
Na. SHe doesn't want the responsibility. DH and SS had a big blow up a few months back and DH drove ss to her house so he could live with her (since that's what he was saying he wanted). BM said she'd go to the courthouse the next morning for cS but ultimately told SS to go home w his dad. She doesn't want the responsibility of her son. And there is no way they will pull him from our home.
BM abandoned him for 7 years, she had a RO against her and frankly, doesn't want him.
I don't know how we'd prove
I don't know how we'd prove she's working more than she was other than SS telling us she works every day. All of her previous paperwork she filed and statements she'd make really just conflicted with each other.
I was thinking that by asking to reduce visitation, based on her refusing to bring ss to his Saturday events here and there, we could have a chance of her having less influence on him.
Then, of course, the more he is with us, there is more of a chance that we will get something out of her - at least that's my train of thought.
The history here is that bM was absent for 7 years and only ame around when she saw I was here to stay. She only requested sat overnights (as she never really wanted the responsibility of her son) but enjoyed fighting with DH. DH encouraged the eowe visits and asked the mediator for that as time progressed).
The final order (from feb) states that she is to bring him to his activities and she agreed to it. But she doesn't. Which is why we want to ale back the Saturday days and Friday nights. Most of what he's missed te past few months have been fundraisers for his school trips. But what does she care if he misses it? She doesn't pay for anything anyway.
Get a lawyer. Get a subpoena
Get a lawyer. Get a subpoena to the place of employment or a statement at least from the ones writing her payroll checks. At least you have a paper trail of how much her work hours have been.
I'm so sick of all these BMs on here not paying for their kids! Pathetic!!
I'd treat the
I'd treat the vistation/contempt and child support as two different items.
If it's been a few years, I don't see why you can't revisit the child support issue just because. Unless California doesn't allow an overview.
Then I'd take her back in for contempt in regards to not bring the child when she's supposed to, etc.
I agree with Dtzyblnd - keep them seperate.
You can supoena her tax
You can supoena her tax returns and employment records, as well as bank statements. In my state, each supoena costs $12. If she fails to produce the documents, she is in contempt, which is another separate issue. You could be in and out of court for months.