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.
