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Beat Down

losingmymind's picture

I just feel like opening the window sometimes and running away. I love my family but I just can't take another minute of BM getting into my life. I didn't marry her. Heck, I don't even like her. She has gone and hired an attorney that is a crook. I say that because of his unlawful motion that he has filed. He is trying to say that it should be modified for DH to only get SD two weeks out of the year. Heck, DH's estranged mom sees SD more than that and that woman talks bad about BM right in front of SD!! BM is also wanting to raise child support based on a lie. She is trying to say that DH only has one child with me when in fact we have three together. She knows that to be a fact yet it is written incorrectly in the stupid motion.
So this snake of a lawyer has also asked for unredacted copies of tax returns. Well, that would mean producing legal documentation with my name, social and income for me as well as MY children's information. See, DH didn't work but maybe for a couple of months part time last year. I was always told that I had nothing to do with it therefore they could not ask for my information nor could they force me to give it. Well, the hearing is set for mid December. Merry F'n Christmas to us once again. We have to fight to see SD then finally when we think that all is ironed out seeing how it was just 9 months ago that the current plan was put in place and Wham!!! Here the crazy lady goes again!! BM is also saying that DH owes her money for medical expenses. Well, See...I personally wrote the current parenting plan and I know that I intentionally put in there that DH and BM had to jointly agree on any care prior to other than life threatening emergency and that without that approval the party seeking to take SD eats the cost. All listed are things that DH and I know nothing about. We have emails to prove it as well as all calls recorded and BM has been told about the phone recordings. I just don't get it. So I am looking at sending 2K to an attorney seeing how we live out of state but I don't want to. That was for my kids to have a great Christmas this year. I am hoping and praying that we can get a dismissal from the court based on the fact that it is unlawful and does not show just cause. The motion does not give reason to why she is seaking a modification in either area other than the fact she wants one. There is no reason to keep DH away from his child except for her own hateful motives.
Anyone with advice would be greatly appreciated.

Comments

melis070179's picture

I would ask a lawyer in that state if she can modify an exisiting order after only 9 months. Most states make you wait at least 2 years & can only modify if there's been a change in circumstances that would increase or decrease support by at least 20%. Have you asked a lawyer if she can do what she doing or if a judge will just throw it out?

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

lil_teapot's picture

I'd find a good lawyer. She can't ask for modification AND deny access. In fact, I'd file motions for parental alientation and denail of access (or whatever you call it when they refuse to let him see the kid). What she's doing is illegal regardless of what her snake says. You're going to have to go back to family court and fight it out.
Good luck. Hugs.

bewitched's picture

"To Thine Own Self Be True" William Shakesphere

H and BM have a strange arrangement. Maybe it has to do with the fact that they were never married (that's right-2 kids, a third he later found out wasn't his-and never married!). They did get a divorce, however. But all the years he raised the girls, she'd take them only once in awhile-and never paid for anything.

But now, and for the last 2 1/2 years, they've been with BM. H earns very good money, yet pays her only $200.00 c/s. Except some months she asks for a little more-I think he once gave her $350.00. She works in a restaurant (small town)-can't be making a lot. I can't imagine why she doesn't demand more c/s. No idea, except she's not the brightest pebble on the beach Smile

But, in my quest for information regarding leaving H, I discovered the attorney she used is actually very astute. The fact that she never requested tax records for his earnings as they have changed dramatically in the last couple of years, is just stupid.

Where am I going with this? H should be paying at least 3times the c/s he currently pays her. Instead, he spends all the money in the world indulging SD17 in extravagences.

Why does this bother me? My ex formed a corporation to get out of paying the c/s to me. I struggled every day to make ends meet. This strikes waaay to close to home. Instead of matchy matchy shoes, that money should be going to help BM put food on the table.

Now, IF my plan falls thru and I find myself absolutely having to file for the big D from H, I will use the same attorney she did. And I have his tax records. Right here, in my hot little hands :evil:

bewitched's picture

"To Thine Own Self Be True" William Shakesphere

So I called H to tell him that fact. And turned the conversation to asking why he doesn't have to pay BM more.

He stated it was because she never paid any c/s while the girls were with him. BUT that doesn't help her put food on the table now, does it? he told me he knows she could get $800/mo instead of the $200/mo he pays her. And that if she took him to court for it he would quit his job, work here, and SD13 would live with us.

This man is in outer space. Has he not been paying any attention to the fact that this "marriage" is on the rocks and I am one job, one education, or one more time being treated like something on the sole of his shoe from filing for the big D? His head is up his a$$-how could he possibly be even thinking along those lines, when just this weekend I got fed up and told him to get out??? :jawdrop:

lil_teapot's picture

I've heard that they can count your household income in c.s. as opposed to just your H's....because you two are married they can do that. You'd be better off getting rid of him and letting him pay the c.s. and whatever increases he has to...not your problem.