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Job Loss/Child Support Update 6/24/09 - Conference FAIL!

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By the time I had conferenced with my attorney, got to the court building, the two attorneys meet and fail within 1-hour’s time (a record, based upon my instructions to D-Mac), conferencing with my attorney post-conference, and running some legal errands to save some money… I was ready to go to bed.  It was 1:00PM.

Some pre-notes for those of you with comments in the latest “You’ve Been Served” post…

  • Aunty DUI failed to appear.  Dunno if there is anything we can do about it, but it will be interesting come hearing time.  So, whoever was on the “no-show” side of that bet - you win!
  • I received no email, text, nor call from PEW or even Aunty DUI looking for an “appearance fee.”  If you were on the “contact” side of that bet - you lose!
  • Aunty DUI was, of course, bullshitting.  Her car was there when I dropped the boys off at 5:30PM (after I took them to an orthodontist appointment that PEW was supposed to take them to, given only a few hours notice).  Her car was there when I drove by on my way to pick up my receipt-of-service from GSG at 9:30PM.
  • You’ll recall back in the Conference/Hearing posts of May, they claimed that Aunty DUI was “moving out on June 1st.”  As predicted, since the hearing and order for support wasn’t addressed, she didn’t move out.  At today’s conference, they claimed that Aunty DUI is “moving out on July 1st.”  How ridiculous.  They really believe that after all these years and doing the “move-out/move-in” to dodge having her rent included in her income (can you say… HIDING INCOME?!?!?!) - that we’re going to allow that to take place a 4th time.  She’ll be out one way or the other, I guarantee you that.

Keeping a long story significantly shorter, because there is only so much detail I’m willing to divulge at this point - my main instruction to D-Mac was, “Please don’t prolong the agony when they call you two attorneys in.  Whether she is represented or not, the instant it becomes clear that they’re not willing to settle, STOP.  They’re not going to settle.” I think that they were in conference for approximately 47-minutes.

D-Mac had a lot to say about Bulldog, much of it the same as when I spoke about her earlier.  She was rude.  She interrupted incessantly.  She constantly referred to D-Mac as “counselor” rather than her first name, which she graciously offered at the outset with a handshake.  D-Mac’s main observation was that she was trying TOO hard to be aggressive and combative as if it were a front.  She added that during the very few times that she wasn’t talking or interrupting, she would be humming annoyingly and fidgeting and surmised that she is fronting insecurity and she’s not really comfortable acting like an asshole (expletive mine, not D-Mac’s, she doesn’t use vulgar language).

Bottom line?  Like the two high-priced attorneys who failed before her, Bulldog is asking for the world (and promising PEW a win) as well as attorneys fees.   Attorneys fees are something PEW has asked for with nearly every single petition since the inception of this mess and she hasn’t gotten 1-penny in any of those instances.  Let’s pray that this isn’t going to be her first time.

D-Mac tried, in good faith, to make a settlement.  Bulldog never had any intention of doing so.  Simply put, we were going to agree to the increase through an appropriate date and then revisit a change at that specified date to see if the child support order needed to be changed… with PEW paying me or, if I manage to find employment between now and then, at an appropriate level according to guidelines.

Bulldog refused.  End of discussion.

So now, with nothing to lose, we have three options/outcomes.

  1. Best scenario.
  2. Okay, but appropriate scenario.
  3. Suckiest of the three scenarios.

For what I hope are obvious reason, I cannot discuss them in detail.  Suffices to say, “BEST” is minimal exposure.  “OKAY” is fair exposure for all parties.  “SUCK” is if the court decides to screw you over and benefit mommy to the maximum allowable “discretionary” extent.

The hearing is scheduled for August 7th, 2009.  See how painfully slow the process is for a person needing a downward modification for child support in an unexpected job loss situation?  And costly?

  • I cost myself (potentially) dearly by filing for the modification immediately.  I should have simply waited until the severance/vacation had been exhausted (in terms of calendar)… 13-weeks later.
  • The hard lesson learned?  Next time, I pay D-Mac for a consultation and advice, a mistake I simply shouldn’t have made.  A few hundred dollars in consultation back in March would have saved our household potentially a few thousand.  Now, between legal fees and possible exposure, this mess will cost us no less than $5,000 because my choice to do the “right thing” was not really the right thing.  $5,000 that I don’t have and our household desperately needs.
  • I will be asking for reimbursement of legal fees and am unlikely to get it.  Grounds?  We made a good faith effort to settle the matter today and Bulldog chose to litigate.  We ran the 3 conceivable scenarios, 2 of which substantially benefit the PEW.  We offered one of those scenarios.  They said no.

DW always refers to just how stupid the PEW and her family are.  She’s finally gotten around to stopping herself from saying “…and you married her!” Of course, I still hear that, but we’re well over that.

Let’s take a look at a few stupid things:

  1. Dodging the rental income.  PEW is stupid.  In an effort to dodge reporting that income for the CS calculation, she is willing to sacrifice $600/month to save what will amount to an impact of approximately $25.  Not the brightest bulb in the box.
  2. In doing #1, she is subjecting herself (however hard as it may seem to believe) to potential sanctions, not only from this court, but from the IRS.  If she claims that Psycho-SIL has moved out (again) and she moves back in, I will immediately file a contempt-of-court motion.  Not the brightest bulb in the box.
  3. Assuming it’s costing her at least as much as me to pursue litigation and knowing what my worst-case exposure number is, she will pay somewhere north of $5,000 and will obtain about what we offered (the REAL number, not a lesser number, this is a guideline figure) of about $2,000.  Net gain:  -$3,000.  That’s NEGATIVE $3,000.  Not the brightest bulb in the box.

But, if you’ve read the painstaking detail I’ve provided, you already know that this is the same modus operandi she has used in nearly every single financial issue that has come up in our battle.  She has consistently spent more in legal fees than she has received in reward and she is doing it again.  She’s fucking insane.

One final exchange between D-Mac and I:

D-Mac: Bulldog has obviously bought every single story that PEW has told her.  That much is clear.

Mister-M: I know.  Like the two attorneys who failed to come through for her and then realized what a monster she was before quitting or being fired.

D-Mac: Very true.  And sad.

Mister-M: And costly.

D-Mac: Yes.

Mister-M: Well, at least with attorney2, I won’t forget that knowing glance and nod he gave to me before exiting the courtroom that last day we saw him on the custody matter.  He knew he got sandbagged by  her lies.

D-Mac: OH, YES!  I saw that!  I remember that.

Mister-M: Good, it helps me to know I wasn’t hallucinating after his efforts to question me.

Small consolation.

12 Responses to “Job Loss/Child Support Update 6/24/09 - Conference FAIL!”

  1. Kate Says:

    Mister-M: Wow, I am amazed that you continue to have such a terrible time with the legal system. I thought my DH had it bad, but I really think your situation is a whole lot worse. Our PEW is dumb and poor, so no lawyer on her end as she thinks she is smarter than any lawyer anyway. I can’t believe they would drag out a March layoff to August! They can’t even give you an interim change due to only having unemployment as income? SHEESH! I am so very sorry you are going through this and I hope you are able to eventually squish PEW and Psycho-SIL into the ground.

  2. DaveH Says:

    Mister M,

    Spending legal fees (to the point of loosing money) and never agreeing (or changing agreements at will) is definetly a PEW/PWIFE standard.

    During our first (final)trial I offered PWIFE $1200/ month spousal and 1/2 of all future bonuses for the next 5 years. They agreed…for about 1 hour! Then wanted to change the agreement.

    Of course her “lawyer” told her I changed the agreement. Re-writing history isn’t limited to PEW/PWIFEs.

    Had she accepted what she agreed to (in Jan. ‘09)she would have, so far, recieved almost $10000 in support! Instead she has recieved $10000 and now I don’t have a job and we shall see how that works out…

    Ya can’t fix stupid!

  3. DaveH Says:

    That should read she has only recieved $1000…damn fat fingers!

  4. Ms. G Says:

    I’m following your situation closely, as my DH was laid off on May 26th. I guess it was a blessing in disguise that he didn’t get severance pay… I was pissed at the time, but now looking at it differently.

    Our PEW is about to be served for a new parenting plan and reduction in CS… our oldest just moved in with us, combined with DH’s job loss, requires it. She will fight it every step of the way because her “version of the truth” sets her up to be the victim.

    Ugh, I feel for every divorced father out there! Keeping you and your family in my prayers!

  5. Schottsax Says:

    Just for fun let’s reverse the attorney’s fees situation by gender to show how ridiculous it is…..mother loses job and sues for child support modification and the court not only does not grant her an increase, she gets a decrease, AND they order this jobless mother to pay father’s attorney fees.

    Try to picture that…..that’s hysterical!

    I bet the attorney used the word “entitled” when she presented that delusion to PEW. It was probably during a meeting that required PEW to write a check to the attorney. PEW is such a moron, but I guess we all knew that already.

  6. MR Says:

    PEG always asks for attorney’s fees, and has sometimes gotten it on the grounds that she chooses to earn next nothing and I bust my ass daily making a wage.

    Recently her 10th (yes, that’s correct) attorney tried to sub out. The judge asked “if your fees were paid, would you be continuing on the case?” PEG’s attorney (an office underling): “Not my call your honor.”

    To my dismay, judge then says “PEG needs representation on this high-conflict case — I’m going to order MR to pay $7500 to PEG’s attorney immediately, as he obviously has the greater means.”

    When I came home with this news, I had to restrain my wife from the telephone because she would have taken PEG’s head off through the phone lines if she’d been allowed to make the call.

    Sure enough, as soon as I paid the $7500, her attorney went and quit anyway. She’s on #11 now, and still asking for more fees.

    I feel for you Mister-M — I’ve been going through this “justice delayed/justice denied” and extortionate pilfering of my family’s finances for over 13 years. All because the system is set up to empower HQ personalities, exploit the love of the sane parent, and keep all the players at the table as long as possible. The only other choice is to just walk out of your kids’ lives, and that’s not an option.

  7. vamomma Says:

    In our sitch, it is clear(like in yours), the ex is after my head. It does not matter to PEW that she is losing money. Money isn’t the issue–it’s making you miserable.

    I do not know what is wrong with our system that people like PEW and my PEH can actually get an audience and that they are BELIEVED.

    So sorry it ended this way.

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  10. Ann Zuccardy Says:

    Wow. The family court system is joke in your state and in mine. Here in “progressive” Vermont, it’s incestous and inconsistent. And if you want real justice, you’d better be prepared to spend hundreds of thousands. Our PEW issues are a little different than ours, but always lead me to the same question: How is it that in the twenty first century a woman with a masters degree or two and normal school aged children can expect to have a man support her indefinitely? So much for progress for women! It really is an embarrassment to those of us women who are truly financially independent and a step backwards for all women.

  11. Ann Zuccardy Says:

    Ooops…drives me crazy when I make typos. I meant the family court system here in Vermont is incestuous (i.e., judges doing favors for their lawyer friends without regard to the law) and “our PEW issues are a little different than yours.”

    I’m so busy working and supporting myself that sometimes I type too fast and make errors! :-)

    Ann

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