Mommy Dearest Strikes Again!
Well I was right. BM's lawyer finally got back to DH's lawyer and it seems she has sunk to even lower low.
DH's lawyer let him know that BM not only wants to go after DH for retroactive CS for 17 year SS but also wants to go after DH for retroactive CS for deceased SS!!!
One year left of CS with SS since she doesn't go to school but still lives with BM. So DH is resigned to paying additional CS from now until SS is 18. But not retroactively for three years. Like WTF? DH has never missed a payment and has abided by the agreement to the letter. Per the agreement, either parties could have reached out regarding changes to CS or custody at any time. 8 years later BM decides she wants to go after DH with one year to go AND attempting to get retroactive CS. Just mind boggling.
That she has sunk to attempting to seek retroactive CS for deceased SS is even more shocking. Since at the time of the separation agreement (they were never married), SS lived with us full time because BM could care for him (he was too much) and DH covered all for SS. This was stated in the agreement as well. SS left us when he was 17 to go back to his mother's because he didn't like the rules, and boundaries at our home. And yes, he had to go to school with us. He stayed with his mother for approximately 6 months before she kicked him out again. That was back in late 2016 to early 2017. And now she wants to go after DH for that 6 months of CS????? And her lawyer is actually saying this too???
I'm flabergasted. Simply dumbfounded. I know she is truly evil (and I'm not saying that fascitiously, she really really is). I know that she is lazy and is perfectly fine living on disability when there is proof that she is perfectly capable of working some kind of job. I know that she is going after DH as her cash cow because all her other previous options don't work (ie. roommates - no one wants to live with her).
And she wants to take him to court rather than mediate? Per my previous post, when I said I was waiting for the other shoe drop...well drop it did with a very loud bang.
Strike back with all the
Strike back with all the force you can afford. Trying to get CS for a dead adult. Disgusting.
From what I can find, it looks like ......
Breed for money hoes who extort money on the prostitution payment plan need to have live spawn to collect on. I highly doubt that a Judge will not laugh her attempt to continue to extort money out of DH on a deceased kid out of court. Though with the bottom 10%ers of the legal profession who seem to tend to end up on the family law bench.... it might happen.
I would do everything possible to get this all to court as immediately as possible to mitigate as much of the risk of COd retroactive CS.
Though, as far as I can determine If a child dies, the obligor parent is no longer responsible for making support payments.
In my SS's CS order, the new CS level could be implented as of the date of filing and not before. DW filed for a CS modification after 9yrs. The Spermidiot refused service of court summons several time including physically running from the Constable who was attempting to serve him.
The DA requested DW to provide tax return information, employment information, and any other SpermIdiot income information she might provide so the DA could set the new CS level. DW went CPA on the SpermIdiot's ass and the DA ordered a 600% increase in CS and invoked direct payroll withholding. SpermIdiot and SpermGrandHag came screaming into court when Diphsitiot got his first $0.00 paycheck.
We did end up in court after they cried and whined about it. The Judge ordered the 600% CS increase to stand until the SpermIdiot had paid that level for 2yrs then the CS order auto-revised to 300% above the prior CS level that had been in place for 9yrs when DW filed for review. They had to pay the 6005 increase due to the SpermIdiot's avoidant bullshit.
Since your DH is not playing games, IMHO it is unlikely that he would be ordered to pay retroactively even for his surviving Hag spawned failed family progeny.
Call your attorney. Do not let this go on for any longer than necessary and shut the payment plan prostitute down as soon as possible.
I would guess that with SS deceased that a CS increase even for support of the surviving SKid is unlikely. This is the payment plan prostitute's last gasp at milking your marital income for her own benefit.
All n my legal layman's opinion of course.
BM
Realize the money train is stopping. BM realizes that she can not live the life she living with out CS.
ONG. she might have to get one of those thing called JOB. and actually do something. What in AMAZON going to do.
'BM IS Trying to get every penny she can so her life continues the way it is. Get a good lawyer and fight her. Make sure you don't pay her legal bills. Take her all the way running up her lawer cost.. Once her lawyer figures out it's not going to be a walk in the park, that there going to be time and work involved..And the money is coming from BM,, And when BM misses her lawer payments things roll be different..
'Just be careful.. There will be lots of kid cost coming up. DR bills. Clothing bills,, school bills. because BM needs lawer money
Has your DH been paying CS to
Has your DH been paying CS to his EX for his children? Did he pay CS for the child that is deceased when the child was alive?
Unfortunately.. if he did not.. she may be entitled to all of it. That is why a CO is important as soon as possible.. because money handed over can be viewed as a gift.. and the real CS obligation can come back to bite them.
She sounds like she is a stellar person (sarcasm).. but if she is owed the money.. she may end up getting it.
DH has never missed a CS
DH has never missed a CS payment. He has and is meeting all of his obligations per the agreement and then some.
Deceased SS lived with DH 2 years before the signing of the agreement and almost a year later. He was 17 when he chose to leave our home because he didn't like the "rules" (i.e. go to school, no drugs/alcohol, curfew). He had actually just come home after being kicked out of rehab for fighting with resident and by the next morning was caught trying to buy drugs out of our home. He didn't like that we were going to stick to our boundaries so he left and went to his mothers. He lived there for approximately 6 months before she kicked him out. From that point he lived with friends, couch hopped, never stayed in one place for long before he was kicked out by others or chose to move on. (a very sad tale)
Our lawyer at the time advised us that we did not have to pay child support for him when he went to his mother's because he left of his own accord. We don't have "emancipation" here. At the age of 17, they are able to go on their own.
I guess she is wasting money
I guess she is wasting money with lawyers then... some people..lol.
I think she's out of luck on
I think she's out of luck on the deceased child. I read that if your children have reached adulthood and you find out that your ex should have been paying more while they were younger, you won’t be eligible to receive retroactive payments.
SD -- most likely the outcome will depend on the judge. If DH didn't update increases in salary, she may get it. But, I highly doubt she can go back as far as she wants. I read somewhere that three years is the limit.