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FRUSTRATED!!

stepmom23WV's picture

So HDs work got a letter today from BMs lawyer saying that he had subpoenaed all of his check stubs for the past year, how his pay is calculated (he is payed commissions), his W2 (which we already sent her) and a whole bunch of other stuff. Of course our lawyer was out and so was our case worker (they are never there when we need them and don't call us back). I am so tired of the constant BS from BM. I'm frustrated with never being able to talk to the lawyer when we need to. I can't wait until our hearing next week to be over!! When I contacted the lawyers office about being able to reord conversations, we are a one-party state, the case worker told me I couldn't would anyone be able to tell me why because I haven't been able to get ahold of anyone since to ask why?

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stepmom23WV's picture

Thanks for your story. I know there is nothing I can do it is just aggravating as hell! He has his child support taken out through the state so hopefully we don't have to worrry about any arrears. I am hoping all of the things that BM is being fraudulent about comes out in court as well. This week is going to seem like a lifetime until the hearing is over.

StickAFork's picture

Well, the employer will likely have to turn everything over if it's been subpoenaed.

Do some research on the one-party thing. It isn't usually a cut and dry thing. I did a little poking around when the twin lady was talking about it, and AL doesn't necessarily allow one party recordings in court.

Do a little research for WV...primarily case precedent.

stepmom23WV's picture

I will have to investigate a little further but one of my friends worked for the courthouse here and she said that people used taped conversations all the time and that as long as one party in the conversation knew it was being recorded. I just can't believe that the case worker isn't move helpful.

stepmom23WV's picture

The "case worker" is actually the paralegal that takes care of our case. I think that the judge here may just not like it. There are a lot of things she apparently doesn't like. It seems like she is one of the judges that is more in it for the power trip than anything.

bearcub25's picture

I'm in WV too, I thought you could record. I would record first and then ask later.

If they allow, your good to go and if not well at least you have tried.

stepmom23WV's picture

Thank you very much for the help. I guess I am going to have to look up a lot of it by myself. I think that our lawyer thinks that this is going to be an easy case and they will come to an agreement out of court but BM has made it clear that that is probably not going to happen.

Have you ever been through a custody battle in WV? If so any insite on what it may go like would really be appreciated. It seems as though the "system" is especially biased here.

bearcub25's picture

No, not a battle. CS is generally set up in a calculated way. You can actually google child support calculators, go to WV and it does give a what CS should be.

When my SO was divorcing, it was up to him a lot of the time, but he didn't really fight anything except spousal support. I've read a lot on here though, and TBH the lawyer doesn't have a dog in the fight, still gets paid at the end of the day. Best thing is for your DH or you to look things up yourself and bring them to the lawyers attention.

and then the skids were taken from BM for abuse and neglect so she didn't have much say in anything.

Good luck. I'm in North Central part of state.

stepmom23WV's picture

My DH is actually trying to get custody of his kids now for a long list of reasons. They agreed on a CS amount when they divorced but when he took her back to court she countered with a request for more CS. Which just goes to show what it is really about for her.