Job Loss/Child Support Update - 5/14/09: Hearing Part I
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“PART 1, YOU SAY!?!?!” Yes. I sure do. Yesterday’s Hearing Eve post about the jitters and anxiousness I had didn’t rise to the level I felt after walking out of the pre-hearing conference (usual and customary to try to drive a settlement before the hearing). PEW’s attorney was an absolute bulldog and I was in way over my head. Total panic. And only one way out.
Waking far too early after being up far too late last night, I was a bit jittery and couldn’t manage any appetite. So, breakfast was 2 cups of coffee and a bottle of water. I had everything prepared so it was just a matter of showering, dressing, and texting back-and-forth with DW going over some potential scenarios that could play out during the hearing. We also wondered if Psycho-SIL would actually show-up. Last night, prior to retiring for the evening, I received a phone call from her and permitted it to go straight to voice mail.
Hi, LM, this is PP. I’m calling to let you know that I got your subpoena to appear tomorrow and I was wondering if I was going to get my appearance fee. It’s bad enough I have to lose a day of work on such short notice, but I just wanted to let you know that I’m supposed to be paid a witness fee otherwise, I’m not obligated to show up for your hearing. I just thought I’d let you know that. So, give me a call back or a text and let me know if you’re going to pay me my witness fee. Thanks.
I burst out laughing. It was a moment of relief during an otherwise tense night.
Since I wasn’t sure, I pulled over and immediately sent a text message to DW. I told her that I could wait until I got home, but to google “witness fee” for our particular county and see if there is such a thing. If so, let me know how much it is.
DW’s reply was prefaced with an animated smiley face. There was such a thing. The witness fee is $5 per day + 7-cents per mile travel reimbursement. I laughed again. Further, there is no such fee for family court matters. That’s the reimbursement rate for “witnesses for the Commonwealth.” Total amount she would be owed, even if it applied: About $6.40. I told DW that I would bring my checkbook to court, just in case we’ve overlooked something. (We didn’t, she wasn’t owed a witness fee.)
Shortening up the story a bit, everyone arrives. Plaintiff (her), Defendant (me), HR Witness, PP. And we wait and wait and wait and wait.
About 3-hours after we arrive, we’re called into the conference room to see if something can be worked out. Needless to say, it couldn’t be worked out. Further, as I sit here, I’m still not clear what the hell happened in that room, but Bulldog did almost all of the talking and even the spineless conference officer couldn’t reign her in. I don’t mean to speak poorly of the conference woman (an older lady - we’ll call her Gertrude). She was simply freight-trained by Bulldog. It ended up being Bulldog dictating to Gertrude what numbers to put in, why, when, how. I mean, she should have just jumped in front of the PC and did it all herself, it was that ridiculous. Though there were two occasions where Gertrude challenged some of her contentions, she eventually just ran everything the way Bulldog dictated.
Additionally, I protested once, saying, “Wait just a moment here. My understanding of the situation is that this was simply a basic guideline review with some adjustments for the severance check I got last week. That would total 11-weeks. Shouldn’t we just be vacating the current order as of (approximately) June 1st?”
It fell on deaf ears. Bulldog had other ideas, none of which I could make head nor tails of from my regular review of the state statutes. The number coming from the PC: I would now owe nearly $800/month child support dating back to when I filed and for the foreseeable future. Though it didn’t show, I wanted to fall right out of my chair. The only thought swirling through my head at that moment was that this wasn’t how Lacey did the calculations. This wasn’t how D-Mac did the calculations. It was simply how many weeks did you get paid upon departure, child support at the current order through that date and a new order in place beyond whereby she would be paying an appropriate level of child support, according to the guidelines. I have no idea what the hell just happened!
With that, Bulldog sarcastically turns to PEW and says, “I’m good with the guideline amount, are you?” PEW replied with a laugh-skip in her voice, “Sure!” Bulldog turns to me and asks, “Are you prepared to settle for the guideline amount?”
Calmly, I grinned and said, “Ohhh-ho no. We’re absolutely going to a hearing.”
Bulldog replied, “That’s fine with us.” She slapped together all of her gear and back out to the waiting area we went.
It was there that my inside panic took full effect. I was a stone-face on the outside. Inside - a mess. Since I had no grasp of what Bulldog was attempting to do which resulted in that calculation, I had absolutely ZERO ability to counter it. I knew this. The Judge wasn’t going to walk me through the statutes on a good day, therefore, all of the rest of the stuff was immaterial - if I couldn’t articulate an argument to explain why that number was a simple “pull it out of your ass” effort, I was going to fall flat on my face.
DW learned of my panic due to the text barrage that ensued, begging for any prayer, wish, hope, faith, charity, fingercross, coin-in-the-fountain wing-and-an-I-dunno that she could send my way. Everything I had prepared for, which boiled down to going towards guideline, defending her unfounded accusations of “hidden income” and proving that she had hidden income via PP’s rent - it just didn’t matter. I had no idea how to get out from under this morning’s calculation and didn’t have the moxy and knowledge to argue why it was fiction.
So, I relaxed and came up with a plan… just as we were called into court…
(long dramatic pause)
I headed for the elevator, ran out into the cool rain, hopped in my car and drove away as fast as I could!
No, I didn’t. We entered the courtroom and stood before Judge Support. Pleasant enough looking woman. We were sworn in. Judge Support addressed Bulldog and she said something about the guideline calculation being re-adjusted since there was additional income just received last week by me that wasn’t a consideration at the time of the original conference. Judge Support also mentioned that there is another petition that “for some inexplicable reason” wasn’t scheduled for the same time, so she suggested a consolidation to hear both petitions at the same time. Bulldog reluctantly agreed but suggested that based upon the new calculation that the petition I filed for child support be withdrawn or dismissed as there is “no way” that it is appropriate at this time. Judge Support looked at me and asked me if I agree and if there was anything else. I agreed to the consolidation. I did not agree to the withdrawal of my petition. Then I said,
“Your honor, at this time I would like to respectfully ask the court for a continuance of these consolidated matters. I have no idea what just took place back there in the conference room. It was a lot different that how Lacey previously calculated it absent the additional weeks of income. I came here today anticipating that some matters that were unclear at the conference would be made clear and I can assure you that’s not what happened in our conference this morning. What happened is clearly outside of the scope of my understanding and I am requesting a continuance so that I may seek the representation of counsel at this time.”
Without hesitation, and perhaps seeing abject fear in my eyes, she replied simply, “Your request is granted. I think that’s completely appropriate under the circumstances.” With that, she turned to Bulldog and said, “Any objection?” Clearly disappointed, Bulldog replied, “No, your honor.”
With that, I thanked Judge Support, gathered my things, walked out of the courtroom, stopping only long enough to apologize to HR Manager, telling her that the matter has been continued. I think I held my breath all the way to the car before exhaling again. I just wanted to get the hell outta there.
I called my attorney and spoke with her awesome receptionist, telling her that I got the continuance, that I need D-Mac’s help on this, and to let me know how much I needed to send in to replenish my retainer “while I actually had some money to give to her.” We’ll be notified by mail for when the hearing will be rescheduled.
I feel like I dodged a mortar shell.
Tomorrow - a short post detailing some other details that would have upset the flow of my writing just now. A couple of exchanges between Bulldog and I with respect to some details. PEW’s contention that PP has only paid $250/month in rent and only since September and, shocker… she’s moving out again! (This will be the third time in advance of or just after a child support hearing.)

