The Ex Husband Files
Update
Well, he didn't call or show up by 8 am ... he called my cell (prepaid ATT) around 10:30... he went to the bank and had a talk with Amy. He said she didn't know the situation...
ahhh what would that be, the fact that you continue to write bad checks so that you can pay $25 in overdraft fees... I didn't say that out loud...
With A.F. gone and A. overseeing his account now... the bank is apparently being more cautious of paying checks from accounts that have a negative balance...
Gee I would have thought that was the plan all along... Ok so I don't say that out loud either.
Long story short, A.will approve the check...
One more thing though he did tell A. that "things were going well and business was picking up and if he went to jail he would lose all that and have to start all over ....
Amazing....
I will try to update this weekend ... not only the conversations with "the EX" the day after the verdict, but the update on the property taxes.
Keep the emails coming and I will see how I can help. And if you need an attorney in the North Texas area let me know and I'll put you in touch with mine. She really is quite awesome.
Figures...and I shouldn't be surprised.
Before I can even post the rest of the details The Ex is in trouble. He paid the 9/19 payment to the CS office, but his bank won't cash it. Heck, he is only $250 overdrawn... he usually runs on average around $400-500 in the hole. But the gal that normally approves the CS check isn't there anymore and the gal that has been over his account for several months wouldn't approve it.
Soooo I called my attorney and while I was waiting for her to call me back I called The EX and left a FYI message on his home phone and his cell phone. The message was calm and simple ... bring me cash to cover the check by the time I leave for work... 8 am CST or I would turn the "bad check" over to my attorney.
I'ts 7:23.... nothing, not even a phone call...
THE SENTENCE
Oh, before I forget ... at lunch time the Ex paid a 2-week CS check to the County CS office since he was already there...
Ok I am going to post this right from the paper Judge W. wrote on, it is the "family docket" for our divorce
9-3=03 Movant(mother) apprd w/atty; D apprd pro-se; Ct. found that D is in arrears in the amount of $20,873 for child support (thru 9/3/03 incl pmt of $264.50 made 9/3/03) + int of $2,268; further D failed to pay 95 & 96 taxes, which thru 7/31/03 = $4640.42 (incl. int & penalties); Atty fees & costs= $2360.00; D found in contempt & ordered to jail for 72 hrs & thereafter till all the above amount have been paid;
Ok now this is when I about fainted.... I thought how in the world will the Ex come up with over $30K to get out of jail... this is not what I wanted... I wanted enough up front to pay the taxes so I didn't have to fear foreclosure from the people I am buying the farm from or a tax sale... I wanted him to pay CS weekly... I didn't want our daughter or myself to have to beg anymore for CS.... I wanted what was due.... in timely payments....
Suspended, providing that D pay $100 per week beg 9/5/03 in addition to the regular ordered C/S payment.
The Ex then says "I can't afford that"
the Judge... "Get a 2nd job, get a 3rd job, do what the last guy in here is doing
go deliver pizzas on the weekends, he makes over $100 in tips ... Mr. H, you have had years to pay this, but you waited till it got to be a huge amount, Now it is time to pay up"
The Ex asked if he could come back with an attorney to change his support... judge said yes for modification on current amount of CS, but not this judgement of the over $30K that would not go away, could not be appealed... that would be over when it was paid in full... over 6 years or sooner when his business picked up....
Then the judge turned to me.. Ms H... you will have to make arrangements on the property taxes to keep it from being sold...
A few more words with my attorney, pertaining to removing the Ex from having access to our daughter's saving account and any of her earnings, to be heard if/when Mr H brings suit for modification.... (the Ex had taken $300 dollars out of her account and the Judge chewed on him about that, too )
$30,141.42 so the "trolls" won't have to do the math... and there is 6% annual interest on the balance and there will be more due on the property taxes as that amount changes at the end of each month due to penalities and interest.
so that day was done, but this is not over....
I will post the aftermath with the Ex over the next few days
Oh and in the comments on Sept. 5th... an anonymous commentor asked some questions, so I will address those over the next few days... (Snarky, it came in through your link page and got to there from your old site...lol)
and I have received a few emails from other moms trying to collect or asking if it is worth the frustration... and a dad, who is paying his CS.... I found him though a site link on Globe of Blogs (sorry to tired to do the linky thing)
Finally I have time to give the details
We went to court on Sept.3... the judge that presided over our divorce was there. His hearing this contempt case was important. It was his order in the divorce case that set the child support amount and the order to pay the property taxes for 1995 and 1996. A different judge might not care as much that Judge W's orders were not being followed, especially in the temporary support orders and the property taxes.
I was there, my attorney was there, the Ex was there.... Without an attorney.
When our case was called the Ex said he went to his attorney that he used for the divorce, but since he didn't have the money for a retainer, that attorney told him to go to the hearing and ask for a court appointed attorney.
Judge W. said he did not usually do that in a contempt case.
Judge W. asked the Ex some questions mostly about whether he agreed with the amounts that were due. The Ex thought that he had paid more to me than I had given him credit for...
(I have copies of every check or money order that he gave me, it was part of the case paperwork, the judge could rule, however, not to give the EX credit for those payments, around $6,000, because in the divorce decree he was ordered to pay to the County CS office, any monies given directly to me or the child would be a gift...)
....that prompted the Judge to chew him out for not paying through the County Child Support Office... the Ex should of kept his mouth shut instead of trying to defend himself by saying "Well "they" would call and say they needed the money right then.... couldn't wait for it to go through the mail..."
Judge W. basically told him "they" shouldn't have to call him at all if he had been paying regularly. And ordered him to pay in the future to the correct office, or if there was a next time he wouldn't allow any payments made directly to "they".... Judge W. asked him if he had records showing what he had made to "they" to compare against the ones I submitted to give him credit for... No, the attorney just said to bring these papers and ask for a court appointed attorney...
I wanted to add how "they" had to beg for every one of those payments and jump through hoops to get them. One time the Ex called at 7:00 am on a Saturday, I was up and dressed having just finished the chores... he said to meet him at the feed store if I wanted a check, he was in his truck pulling into the parking lot and if I wasn't there before he left ... tough, no check that week.... I live 6 miles from there... I made it... and I did tell my attorney I wanted the Ex to receive credit for those payments...
back to the details...
A few more questions regarding the property taxes, which the Ex answered by saying he tried to pay them but he kept getting the run around from the tax office sending him to their attorneys and their attorneys sending him back to the tax office... Judge W asked him the last time he attempted to pay them. "It was only the one time. I had $200 to give them and no one wanted it..."
Judge W. told us to go out and reach an agreement to what the amount should be on the child support arrearage since the Ex seemed to disagree with the amount he gave "they" (paid directly to me). (Judge W. had a jury coming in to hear closing arguments on a different case.)
Well, that was a disaster, there were no rooms available and my attorney needed to go check on another of her cases on a different floor. Sooo we ended up in the hallway... the Ex walked around the corner and I got out the daily crossword.
The Ex finally came over to where I was and asked to borrow a pen ... back around the corner he went.... about 15 minutes later he came back and said he could pay $350 a month... $300 for child support and $50 on the arrearage... huh?
The arrearage is over $20K, then there is the interest, the property taxes and my attorney's fees... at $50 a month...please...
We were not here to modify what he had to pay currently ... we where here to get him to pay current and all the above listed. That is when my attorney showed up.... it was a mess...
I was trying not to laugh, as he was just NOT getting it. He just kept saying he couldn't afford to pay CS... but he had all this stuff he was paying for... of course everything was in his wife's name... and at one point my attorney got him to admit he was earning about $60K a year... but he says "I don't have any left over to pay CS"... "You pay CS first" says my attorney... I just say to her..."See I told you in his mind he has NO money" about that time she turned to me and said "I just want to shake him" ... and it just continued with more.... "Give me a chance, I am doing this and starting that...blah blah blah...
Since we were getting no where with him and the jury trial was still going ... We went to lunch and planned on meeting back a 1:20 pm to see Judge W. before his afternoon cases.
When we returned the jury was still hearing that case, but the judge had ordered them lunch so they were going to take a break and that is when he called us in....
Judge W. ..."What agreement have you reached" the Ex "Well I have been trying to tell them what I could pay but they won't listen to that"... the Judge stopped him and said we were not here for that... and started chewing him out again... "What have you been doing ALL this time?" My attorney said "Judge W. he just doesn't get it. I think he will need a jail sentence before he will be willing to agree to pay anything"
Well that is when the Judge took over.... Mr. H (the EX) do you agree that you owe $20K in back child support from 4/97 to the end of July... Yes or No... some mumbling by the Ex... finally a yes...
the interest Ms U. (my attorney)? about $2400..
property taxes next .. Mr H. do you agree you owe $4600 in p.taxes for 1995 and 1996... Ex started the "I tried to pay" again... Judge W. says "Mr H. Is it my fault you didn't pay the taxes? Ms U's fault? Ms H's(me) fault? ... the EX "No" ... Judge W. "SO did you pay the taxes that you were court ordered to pay?" .. No... the judge continues to add the amounts on his calculator...
"Ms U, your fees? $26OO .... "
"Mr H. do you have anything to add or any comments?" No
The Sentence.... next post ..... in just a few minutes.. I need a break.
GOOD News and then the but....
I was awarded a very good judgement against the EX, he PAYS weekly, for 6 years, if he misses a single week he GOES TO JAIL till he pays the entire amount owed....
plus... this threat is also for the current amount he is supposed to be paying weekly.
The BUT.... the way this works, however, does not help me get the property taxes paid before the end of this month.
I will post the details tomorrow.
In Court tomorrow 9 am
Still working on the paperwork... doing most of my own paralegal work.
