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Tale of Woe: Legal Wrangling

08.21.2012 by J. Doe // Leave a Comment

By the second week after he abruptly departed, I had hired an attorney, and within another week, we had served him with divorce papers.

I received a text: All you had to do was apologize.

When you think about it, though, divorce papers are a form of apology. What they really say are, I’m sorry I married you. I take it back.

We sent a proposal for temporary orders: He would pay the rent of the apartment he had just leased and his car payments, while I would pay the mortgage on the house and my own car payments. Simple.

He called my lawyer and screamed. The paralegal ended the conversation abruptly, which was her polite way of saying, he wasn’t very polite so I hung up on him.

He called my lawyer back and asked for an attorney referral. My lawyer chuckled and emailed him some names.

He hired someone else and sent back a reply to the proposed temporary orders:  I should pay him spousal support.

My lawyer calms me down. No judge would ever award it in this state, since he can fully support himself, he says.  I’m a little concerned about the attorney that would sign their name to that.

One of his complaints is that since I’ve changed the locks, he has no access to his “stuff” – ignoring the fact that I have delivered his “stuff” to a storage facility, which I paid for myself and gave him the combination to. We offer to produce pictures of the items in the house and he can provide ONE list of items he wants; I will make one delivery.

We send back this reply.

They reply with additional demands: No, that’s not how he wants his “stuff.” He should be able to make requests for items from the house, one at a time. I should have to turn deliver each item to him within 24 hours or face sanctions.

Right, I tell the lawyer. Don’t bother anymore. $2,000 have been spent we’re no closer to an agreement than we were before. Fine, he says.

Spring becomes summer and it occurs to me that if the house is going to be sold, summer would be the best time. We send a letter asking what he’d like to do about the house – does he want it? Does he propose it be sold?

We receive no response.

My lawyer suggests we send over a list of interrogatory questions: Standard stuff at this point. He’s supposed to produce a list of financial statements and property he claims is his alone.

I said: The Departed will never answer these questions. Let’s not waste our time sending them. I know what it in his accounts. We don’t need any of this.

We compromised: We sent subpoenas to all the accounts on the list, and also to his employer.

I receive a set of interrogatories from his attorney’s office.

Great, I say, and we send a set of identical questions over to him while I fill mine out and start tracking down records.

I send over about two pounds of financial and other records.

To each of the questions, he gives one of three replies: I don’t know – she knows. I refuse to answer on the grounds the question is too broad and not relevant. Discovery is ongoing.

No, says my attorney. He holds a conference with the other attorney. Finally, we receive a reply.

They request we select a mediation date from a list of suggested dates. We reply with the most convenient date. They reply, that date will no longer work. Also, although they had initially requested mediation, they now require a detailed property proposal from me – none from their side – before they will even consent to proceed. This is needed as “a show of good faith.”

Back and forth, back and forth. The legal bills mount.

Nine months, and no closer to a resolution than the day he left.

Categories // The Divorce Tags // divorce

Tales of Woe: Child Support, Part 2

05.15.2012 by J. Doe // Leave a Comment

You didn’t really think The Foreigner was going to take that lying down, did you? He applied to get his support reduced, and it went up instead.

He’s legally entitled to a hearing,  and he demands one.

I get a notice in the mail for a hearing by phone.

The day before the hearing, a DCS coordinator calls me and asks me to walk him through the paperwork. I am very frustrated – I have mounds of legal paperwork to deal with to rid myself of The Departed – I don’t have the time and energy for this. I vent.

He pays me so little and now we have to waste our time with this, I say. I pay far more than this. I always have. I don’t even understand where that $25 number came from, now you say $75 a month but if that’s right it always should have been more. I just thought if I left him alone with that sweet deal he’d leave me alone.

He listens. He asks more questions. He suggests I mention some of this at the hearing, and suggests how I might phrase some of these things for the judge. He says, in passing, these payments don’t look right to me. But he doesn’t really know, he’s just there to coordinate the hearing, he says.

I’m confused and frustrated and just want to be left alone, I say.

We all dial into the hearing. There is a judge, and she starts talking. We each take turns speaking when she asks a question.

She is sympathetic to The Foreigner’s assertion that the bookkeeping hasn’t been done properly, and she agrees it should have been done properly.

In fact, she says, looking at it, it looks like perhaps we should go back to 2008 and make sure all the payments are in order. These payments you’ve been making may not be right, and we should get this all straightened out. If there’s been over- or under-payment, then we should add or subtract that from future payments. But we’d need a formal review and another hearing.

Would you like to do that? she asks him.

No … no, he says. I’m not asking for that. I just mean going forward.

Would you like to do that? she asks me.

Actually, yes I would, I say.

He starts to argue.

She says it’s not his turn to talk.

We are granted a continuance so the Division of Child Support can do all the back calculations, determine the full amount of arrears, and calculate his new payment.

The hearing coordinator calls me the next day, to let me know the name of the person I need to work with to get all the receipts collected, and what exactly the judge will want to see. To expedite things and make sure it’s all done properly.

I’m a neutral party, he says, just here to help the process run smoothly.

Thank you, I reply.

Categories // The Divorce Tags // child support, divorce, The Foreigner

Tales of Woe: Child Support

05.14.2012 by J. Doe // Leave a Comment

The Child has a father, of course, and it isn’t The Departed. I’ll call him The Foreigner, since a) he lives in a foreign country and b) I have to call him something. It’s the nicest thing I’ve called him in a long time.

Yes, I really, really suck at choosing husbands.

So, a month or two after The Departed left – right around Christmas, in fact – I received a notice from the Division of Child Support (the nice people who are the only reason I get any child support from him). Apparently The Foreigner demanded an accounting of child care costs that DCS collects from him and sends to me – one component of his monthly payment.

What an odd coincidence, I thought, that it occurred to him to ask for this accounting right at the most inconvenient possible time for me.

No, I don’t believe in coincidences.

Worse yet, because he had not asked for this accounting in such a long time, the DCS requested I retrieve records going back to 2008.

I call the DCS lady, frustrated and complaining. Four years worth of records? I ask. Yes, she says.

Do you know what a waste of time this is? I say. He pays me $25 a month in child care – and thinks it’s too much?

I know, she says. I couldn’t believe it when this landed on my desk. But I need the receipts and we’ll do the calculations as required by law.

So I collect it all and mail it off.

A month or so later, I get a notice from DCS: The amount of child care care he must now reimburse me for each month is increased to $75.

I chuckle.

My father says: Rarely do you see someone’s karma boomerang back at them so quickly. I admire The Foreigner for his splendid karma.

 

Categories // The Divorce Tags // child support, divorce, The Foreigner

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