From A2
Moms View Message Board: General Discussion: Archive October 2008:
From A2
Karen, he is not paying me what he is supposed to pay as ordered by mediation. However I can not hold him in contempt until the judge signs the mediaiton papers. We went to mediation back in August!
Aye, Annie! How frustrating! Isn't there anything you can do? Or anything your lawyer can do? There has got to be a way for this to get resolved. Seriously, what does he expect you to live off of?
He doesn't expect anything. He could care less. It is frustrating but my hands are tied until the judge signs the papers. I've spoken with my atty there is nothing she can do until then. I did write my senator so hopefully he'll be able to help me and the kids. I've been looking for a job; to no avail. Plus I have the kids almost 24/7. They need to be driven here and there, am and pms. I want to keep their lives as normal and routine as possible. I'll be damned if he ruins them from his lack of participation and funds.
How long does it take to for the judge to sign the mediation? I would be asking my attorney if there is anything that will get the judge to sign it faster. Make sure you keep good paper records of everything he hasn't paid because if it ever has to go back to court for anything you will need documentation. Because you should get back pay. Also does all of his support have to go through the court? I would never allow my ex to just pay me without anyone else being involved because I think he would "forget" too often. My money is taken out of his check before he gets it and is sent by his company to the attorney generals office who deposit it in my account. I know that in TX after you are so far behind in support you get things like warrants for arrest and other things.
He deposits directly to my acct. That will change, believe me because I hear his story every week how he isn't making any money...convienetly (sp) I might add. There is nothing my atty can do until the judge signs the papers. That is why I wrote to my sen. Hopefully he'll be able to contact the court to have him sign. I am keeping records...I'm running out of ink I told him I am going to hold him in contempt. He said he would lose his insurance license and be thrown into jail...then I wouldn't get any money. I'm barely getting anything now, so who cares?! I told him he needs to obtain a second job if his current job ins't making him enough money. Quit telling me to get a job. His bills are his bills. He agreed to certain amounts in mediation. If he paid me what he agreed to then I wouldn't be in such a hole.
The three little dots were supposed to be S o B story...not the swear acrynom but that fits, too!
No, Annie, your senator can't get the judge to sign faster, and it would be a mistake to try to nudge the judge. Sorry, but there it is. Your lawyer can tell you if there is a reason this judge is taking so long, and whether anything can be done. And, of course, if you get him held in contempt, he goes to jail and isn't earning. It's a real Catch-22. The only thing that can work at all is to have the amounts deducted from his paycheck by his employer and either electronically deposited to you or sent to the court to be sent to you - which is what happens in most cases.
Thanks again, Ginny. I guess I won't "nudge the judge".
Believe me, Annie, the last thing you want to do is get a judge ticked off. If the judge is going to get ticked off at anyone, we know who should be the target.
Wow, it is a sad day when someone can't sign papers for 2 months. That judge doesn't seem too concerned with single mothers and support does he?
What a jerk, but we already know that. ((annie))
I really hope those papers get signed soon. And I would definitely do everything to go the route of having the money deducted directly from his paycheck.
Thanks girls. I really appreciate your support and wise words. As often stated here at MV; this too shall pass Ever so slowly but someday...
Slow and steady wins the race...
(((Annie))). I'm so sorry that things are still as they are. I, too, hope that that judge signs soon. I can't believe it...two months! Is there a chance that your ex is making income "under the table" somewhere, to hide it? I had a friend in the military in a situation similar to yours. Her husband got out of the military which made it nessecary for her and her children to move out of base housing. She moved back to her home state to be near her parents. He moved back to his hometown as well and worked for his father's construction company "under the table", so that there was no income that showed. Then he could cry poor. Is there anything in your arrangement to insure that it isn't happening to you? Again, I hope it works out soon.
Well, my paralegal told me that the judge does not have to sign the papers until Jan 1st, since that is the agreement we made in mediation. Come Jan 1st I am going to be paying the mortgage and will lose my health insurance, from dh. Not the kids, me. I put it off until jan 1st so that I coould find employment. However, dh is supposed to pay me a certain amount until Jan 1st and he is not doing that. So she sent a letter to my dh's atty; that he needs to comply with the order or will be held in contempt, Jan 1st. We will see how far this gets me.
Just checking on you???
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