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Case Dismissed!

Posted by on Jan. 30, 2013 at 1:17 PM
  • 12 Replies

Well my DH had to go back to court Monday morning about his child support case with his ex.

2nd time in a row, BM did not show up, DH sat there for 4 hrs til he was the last one in the courtroom, then finally at the end BM's lawyer showed up, but the judge dismissed the case because BM did not show.

Last night DH texted BM to tell her he was going to pay her for the past 2 months that he owed, and also told her that it would probably be in her best interest to not attempt to take this back through the courts because what he has been paying is way more than he would have to pay based off his income alone so she would not come out ahead.

SO, for now, we are going to continue paying her directly, (of course  we will continue keeping records of our payments in case she tries this again in the future) which is what DH and BM agreed last night.

I am actually sort of disappointed, not anything to do with the amount we pay her, but just because it would be easier to be able to pay through the courts and not directly to her. I told DH either he can make arrangements to pay her, or he can give me the money, I get a money order, and mail it to her house. Because I am just tired of these games BM plays, I don't want to see her or talk to her directly. She hasn't made it easy on us in the past.

But this is a good thing for us, maybe now we can stop stressing so much.

by on Jan. 30, 2013 at 1:17 PM
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Replies (1-10):
KellyReedy
by on Jan. 30, 2013 at 1:49 PM

Wow!  NO SHOW!  Nice!  Good luck with all of this!

Blend in!

OvrMyHead
by Silver Member on Jan. 30, 2013 at 2:36 PM

I hear you about the stress of court!  BM is constantly suing DH, this is the 4th time in 5 years and it causes so much stress, even when the case has no merit!  I think the stress has to do with the unknown although each time the court has been favorable to DH. 

Mommyof5247
by on Jan. 30, 2013 at 2:51 PM
1 mom liked this
I would be sending those checks certified mail every time to prove that she signed for them every time.
BM barely paid any DH child supprt & she kept fighting it. She did a great job making herself look bad at her last cs appeal; she clearly didn't want to pay child support at all & claimed she had more important things to spend her money on for her, her baby & her new DH, basically. DH has had at least 15 court appearances in the last 4 years because BM takes him to court for everything. She doesn't sound like she's hurting for money to waste it on frivolous accusations.
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momof2ex1
by Ruby Member on Jan. 30, 2013 at 3:32 PM
Why can't your husband get a money order and mail it to her house?
Just curious.

I hope her lawyer charges her a 'no show' fee like the dr offices do. Does your state not have a child support enforcement agency that can handle the set up without having to go through court?
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sarahfire
by on Jan. 30, 2013 at 3:38 PM

He could but I usually take care of bills, CS included.

Quoting momof2ex1:

Why can't your husband get a money order and mail it to her house?
Just curious.

I hope her lawyer charges her a 'no show' fee like the dr offices do. Does your state not have a child support enforcement agency that can handle the set up without having to go through court?

I'm not certain if you can go through the child support enforcement agency without going to court, I will have to look into that.

Not sure about fees, all I know is the court says "each pay own" which means we each pay our own court fees. I don't think BM can even afford her lawyer anymore.

momof2ex1
by Ruby Member on Jan. 30, 2013 at 3:45 PM
Girl it would save you a lot of hassle. For real. Seriously look it up and see what needs to be done. I know all states are different. Texas makes CS so easy. You apply online and set it up very quickly. Only time that court is necessary is when NCP isn't paying, custody disputes and the like. They have made it so damn easy with the Internet. I rarely have to speak to anyone. All the info is done via email when I need something or I just log on to see my account info. Very easy.


Quoting sarahfire:

He could but I usually take care of bills, CS included.

Quoting momof2ex1:

Why can't your husband get a money order and mail it to her house?

Just curious.



I hope her lawyer charges her a 'no show' fee like the dr offices do. Does your state not have a child support enforcement agency that can handle the set up without having to go through court?

I'm not certain if you can go through the child support enforcement agency without going to court, I will have to look into that.

Not sure about fees, all I know is the court says "each pay own" which means we each pay our own court fees. I don't think BM can even afford her lawyer anymore.


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sleeblended
by on Jan. 30, 2013 at 3:46 PM

 I don't understand why she doesn't get punished for not showing up in court.  Wouldn't DH get in trouble if he didn't?

sarahfire
by on Jan. 30, 2013 at 3:53 PM
We are in TX that does sound easy. You can do that even without court ordered CS? Like if its just an agreement between my DH and the BM?

Quoting momof2ex1:

Girl it would save you a lot of hassle. For real. Seriously look it up and see what needs to be done. I know all states are different. Texas makes CS so easy. You apply online and set it up very quickly. Only time that court is necessary is when NCP isn't paying, custody disputes and the like. They have made it so damn easy with the Internet. I rarely have to speak to anyone. All the info is done via email when I need something or I just log on to see my account info. Very easy.




Quoting sarahfire:

He could but I usually take care of bills, CS included.

Quoting momof2ex1:

Why can't your husband get a money order and mail it to her house?


Just curious.





I hope her lawyer charges her a 'no show' fee like the dr offices do. Does your state not have a child support enforcement agency that can handle the set up without having to go through court?

I'm not certain if you can go through the child support enforcement agency without going to court, I will have to look into that.

Not sure about fees, all I know is the court says "each pay own" which means we each pay our own court fees. I don't think BM can even afford her lawyer anymore.


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sarahfire
by on Jan. 30, 2013 at 3:56 PM
It's a Civil court so idk what kinda trouble she could get into for not showing. I just find it surpremely stupid for her not to show, she is the one who initiated this case in the first place because she wanted more $$ than what we were paying her already. See we had been paying her without a court order or ever having even been to court for the last 7 years. Now she wants to go back to that arrangement which is fine with us.

Quoting sleeblended:

 I don't understand why she doesn't get punished for not showing up in court.  Wouldn't DH get in trouble if he didn't?

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sleeblended
by on Jan. 31, 2013 at 10:52 AM

 Maybe that's what's wrong with our judicial system - maybe if people were punished for not showing up, they would stop taking everyone to court for the least little thing.

Quoting sarahfire:

It's a Civil court so idk what kinda trouble she could get into for not showing. I just find it surpremely stupid for her not to show, she is the one who initiated this case in the first place because she wanted more $$ than what we were paying her already. See we had been paying her without a court order or ever having even been to court for the last 7 years. Now she wants to go back to that arrangement which is fine with us.

Quoting sleeblended:

 I don't understand why she doesn't get punished for not showing up in court.  Wouldn't DH get in trouble if he didn't?

 

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