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Old 04-01-2014, 03:10 PM   #1
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Default Contempt hearing

Okay, so we finally got in front of the judge.

I know this is going to shock you all, but my ex claims he has no money and still insists he is employed by himself. The usual song and dance.

The unusual part was what the judge DID!

He sentenced the ex to 70 DAYS- 60 days plus 10 from previous finding- but since it is civil contempt, laid out purge conditions. He prefaced these conditions by saying "Mr. Ex, be aware I take child support matters very seriously. If you have not complied with the purge conditions in full by May 29 at 9 AM, you will be serving your time". But his conditions are kinda merciless:

-ex has to pay in full and on time (not even a DAY late) for April and May
-ex has to then also pay an additional purge of $1250
-ex has to pay 68% of all R's medical bills to date

This amounts to about $5000 all told.

And all of this money has to be to me by May 29 at 9 AM (sentencing hearing), or the ex SERVES his 70 days starting that day.

The ex was dumbfounded by this finding- didn't know what to say, his mouth was hanging open. Then he did one of the dumbest things I have ever seen-

He TOLD the judge he wasn't going to pay. Asked him what would happen when he didn't do it.

The judge just said....... "Serve your time, and if Ms. CF wishes, she can file again. 3rd time your penalty goes up to 90 days. Then after that, 4th time makes it a felony and you will be doing hard time".

Ex just says "I can't do it, I won't do it, that's so much money".

The judge just looked at him and said "Best of luck- worth considering is that that amount is probably not even what Ms. CF pays monthly for the child, she has to provide the roof over his head, utilities, car, preschool, food, clothing- everything, and it adds up."

And then he left- we get a ruling on paper Thursday.

Wow. I feel so vindicated. He is not escaping this time. Either way I think the outcome is good- either he pays, or off he goes, and learns to pay.
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Old 04-01-2014, 03:25 PM   #2
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Default Re: Contempt hearing

Well, that is positive news!

I guess we'll see what he does going forward. It would have been funny if the judge told him to dumpster dive for aluminum cans or something!
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Old 04-01-2014, 07:45 PM   #3
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Default Re: Contempt hearing

Totally made my day, CF! Ha ha ha! Can't run forever.
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Old 04-01-2014, 07:53 PM   #4
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Default Re: Contempt hearing

Yeah, he has lost all credibility. Wish my ex would.

Glad you had such a satisfying outcome!
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Old 04-01-2014, 09:25 PM   #5
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Default Re: Contempt hearing

Wow!!! I love it when judges do the right thing!!!
Congratulations on a positive outcome.
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Old 04-01-2014, 09:27 PM   #6
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Default Re: Contempt hearing

That's great news cf!!

Honestly, as much as I try to hope for the best for everyone involved, a part of me hopes he doesn't come up with the money! I guess he can either settle down and do what he needs to do, or turn into an even bigger A--.
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Old 04-01-2014, 09:28 PM   #7
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Default Re: Contempt hearing

Absolutely! Enough is enough. I'm thinking the judge saw the long line of bs in the record and this is the last stop. And...I know this is not very Christian of me but I laughed.out.loud at your ex telling the judge he wasn't going to comply to the conditions (who in their right mind does that?).

Hug!
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Old 04-01-2014, 09:46 PM   #8
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Default Re: Contempt hearing

I wish he could do hard and still hand over the money.......that would be an awesome outcome......LOL
It must have been wonderful to watch all that!
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Old 04-01-2014, 11:07 PM   #9
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Default Re: Contempt hearing

Don't be surprised if he shows up with an attorney next time who forestalls things. Since it is sentencing and thus, even though civil, it is now a crime, so he may be entitled to court appointed counsel... that has been my experience in this state.
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Old 04-02-2014, 01:24 AM   #10
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Default Re: Contempt hearing

Boy that ex pulled the pin and lobbed the grenade at the judge, who calmly batted it right back at him Now your ex gets to sit on it and rotate.
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Old 04-02-2014, 08:59 AM   #11
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Default Re: Contempt hearing

The interesting thing is he had an attorney this time- it didn't help him much. He's had a public defender for every trial (the irony, I've had to do collection work myself), but it never seems to do him any good, because there is pretty much nothing to defend.

His lawyer made a big deal of saying Oh, well Mr. Ex, you've paid something every month on your CS, correct?

And then the ex put on a big show of explaining how one time, in October of last year, he "had to sell his personal possessions" to make a whopping $20 payment.

And the judge just looked at him like seriously.

On cross, I brought up that during this time he was saying he struggled to pay, he took a trip to Florida with his three children (I made sure to mention his two other children with different moms). He claimed his sisters paid for everything and gave him his own personal "Amex" to buy gas and food.

The judge said, well, you could have been working to pay that week though. And ex says, "Oh no, I wouldn't have gone except they gave me $1000 to go on the trip so I could pay that on my child support".

The judge looked at his payment history and asked him to show him where he had applied that $1000 for the month.

The brilliant donor had indicated this took place in a month in which he made no payment on child support at all!! Idiot.

So I think after that, the judge was over him, especially because every time I pointed out money he had spent outside of necessities, I guess the ex decided the winning strategy would be to say "my sisters paid for it".

When he said he had never received any of the medical bills, I asked him on cross if he denied I have given him online access to R's medical accounts. He did and I showed the emails saying I had, then he said the links didn't work. He also insisted I had never given him hard copies (lies, lies, lies).

I asked him if he admitted he's been to over 75% of R's medical appointments. He did admit that he had been there (I knew he would because he takes any opportunity to try to look good). So I then asked if he could have requested a copy of the billing/insurance/receipt records at the doctor's office, and whether he had. He stuttered for a minute and said "I guess I could have". The judge asked him then why he didn't and he had no excuse.

The hilarious part also was that the judge's last parting shot re: ex saying he couldn't pay was "Why don't you ask your sisters for a loan?".

I don't think he was saying it in a sarcastic manner or anything but it's hard to tell with judges, I think he didn't buy him saying that and so was kind of throwing it back at him.

I don't think things will get delayed. The judge was very firm about the date and in fact set the sentencing hearing right then, and brooked no disagreement about it.
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Old 04-02-2014, 05:32 PM   #12
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Default Re: Contempt hearing

LOL, what an arse you X is...so glad for your victory. 70 days of peace...:0
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Old 04-02-2014, 06:12 PM   #13
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Default Re: Contempt hearing

That is amazing news, Cf! I'm so glad that this judge was able to see through all of your ex's BS and slam down the hammer!
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Old 04-02-2014, 09:11 PM   #14
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Default Re: Contempt hearing

Wow, CF- I enjoyed reading your account a little too much...
Honestly, though, nice work going in prepared. Way to go!
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