Appeared in court...

[LdiJ]

~Wow, if you all could have been flies on the court room walls today you wouldn't have to watch Seinfeld, that's for sure. Extremely comical. I love my fiance' to death but man was he married to a dumba$$. Anyways, this is how it went:

Request for pick-up and drop-off time to be changed to 7:00 ... granted
Request for 2 weeks summer visitation ... granted
Request for ex to be held for contempt for visitation interference... granted (she has to appear again May 2nd, if there have been any problems between now and then she has to sit 30 days in county jail)
Request for make-up weekends and holidays for past holidays denied... granted(we have the next 10 weekends and the next 7 holidays)
Request for shared transportation ... denied (ex claimed the 5 yr. old has a 7:00 bedtime)
Request for joint legal custody... denied. (judge claims that this and phuysical go together and since the parents can not get along, (mother was bitching about a diaper situation 5 yrs ago that pissed the judge off) that this was not in the best interest of the child. However he could file for sole legal and physical. (in the working)

I think that is all, 75% in our favor, can't complain. She was pissed and the judge seen right through her lies, lies, lies.

Now, a question. She is on a war path and wants revenge. She states that she is filing contempt because my fiance claimed his daughter on his taxes in 2003. Legally he gets the exemption if he is current on support by Dec. 31st. Well this year he was not, he was making all payments on time and scheduled payments on arrears from a lay off a few years back. She called and told him that she was not filing because they were going to take all of her taxes due to a past debt, so he could claim her. He did, and now over a year later she wants to use this as a revenge. She received 80% of the money to pay off arrears. So, what do you think will happen with this, since she has waited over a year and he had her permission. I have recently learned on here about a form that must be filled out that he knew nothing of at the time. Will the judge see this as a revenge, will he be ordered to pay back the actually couple of hundred that he actually received (which won't be a big deal)?

If he has arrearages then he is NOT current on his child support and shouldn't be claiming the child. Mom can give him permission to do so, however if he does it without getting mom to give him a signed form 8332, then he is just asking for trouble.

 

[Chelle0511]

If he has arrearages then he is NOT current on his child support and shouldn't be claiming the child. Mom can give him permission to do so, however if he does it without getting mom to give him a signed form 8332, then he is just asking for trouble.

~Thanks for the opinion but I was needing an answer to my question. What might be the outcome since it was over a year agao, she is just now bringing it up for revenge, and he had her permission. He was in arrears then, but is not now (not that that matters, just had to add it in). He did not claim the child for 2004, since it was after this that he got all caught up.

 

[LdiJ]

~Thanks for the opinion but I was needing an answer to my question. What might be the outcome since it was over a year agao, she is just now bringing it up for revenge, and he had her permission. He was in arrears then, but is not now (not that that matters, just had to add it in). He did not claim the child for 2004, since it was after this that he got all caught up.

Since he didn't have a signed form 8332 he can't prove that she gave him permission...so yes, he could get held in contempt for doing that. However, if mom couldn't claim the child since she didn't work (I think that's what you said) then she can't prove she was "damaged" by him claiming the child...so it would probably be a slap on the wrist.

Edit....adding something here. I hope he didn't claim EIC.

 

[AisforApple]

I would like to add.....

DO NOT expect anything to happen to her.
If it does, then you just witnessed a miracle.

The court system is very unstable. Out comes vary GREATLY !

However, if you have a lot of $$, and are very consistant, something may happen in a few years. That is if you stay on top of everything, cross your T's and dot your I's and mind your P's and Q's. Even then your chances only improve slightly.
I don't say this to be rude, Trust me, there is plenty of that here already.
I am merely trying to prepare you mentally of what to expect for the next several years. Once she sees how easy it is to to wiggle in a court order, she will get worse.
Good luck and Don't let this come between you and your fiance. You will be all he has when this is all over.

 

[Chelle0511]

DO NOT expect anything to happen to her.
If it does, then you just witnessed a miracle.

The court system is very unstable. Out comes vary GREATLY !

However, if you have a lot of $$, and are very consistant, something may happen in a few years. That is if you stay on top of everything, cross your T's and dot your I's and mind your P's and Q's. Even then your chances only improve slightly.
I don't say this to be rude, Trust me, there is plenty of that here already.
I am merely trying to prepare you mentally of what to expect for the next several years. Once she sees how easy it is to to wiggle in a court order, she will get worse.
Good luck and Don't let this come between you and your fiance. You will be all he has when this is all over.

~Thanks, however the judge ordered her 30 days in jail starting May 2nd if there is any more interference between now and then. He seemed extremely serious. hopefully. I am a mother myself and can see the way that she acts is only hurting her child, but she does not care. She only cares to hurt dad in anyway that she can. I do all that I can w/out involving myself too much. All I can guarantee to him is that the child that we share will have the both of as parents regardless our relationship, I know that she needs him now and always will I see the light in her eyes when he walks in the door, it's just a shame that both his children can not share that. One can only do so much I suppose.

 

[Chelle0511]

I'm goin' to the chapel, and I'm gonna get married....I'm goin' to the chapel of love! Man, I'm nervous...less than 48 hours Sorry, just had to add all of that!

 

[Rushia]

I'm goin' to the chapel, and I'm gonna get married....I'm goin' to the chapel of love! Man, I'm nervous...less than 48 hours Sorry, just had to add all of that!

Good Luck! I was a nervous wreck too. My hubby was so nervous that I wouldn't show that he actually offered to get my son ready and drive them both to city hall so that at least I'd have to show up to get my son if I wasn't going to go thru with it. LOL. Here I thought he was just trying to be nice and lessen my load with the kids. He was actually plotting to make sure I showed up. LOL. I sure do love my big ninny...

 

[Chelle0511]

Good Luck! I was a nervous wreck too. My hubby was so nervous that I wouldn't show that he actually offered to get my son ready and drive them both to city hall so that at least I'd have to show up to get my son if I wasn't going to go thru with it. LOL. Here I thought he was just trying to be nice and lessen my load with the kids. He was actually plotting to make sure I showed up. LOL. I sure do love my big ninny...

~Thanks. I think I can ... I think I can ... I think I can. LOL His first time flying and he is not so happy. Just to think 20 hours from now we will be soaking up the sun 1000's of miles away

P.S. Even though I will truely miss all of you, big daddy says "Free Advice.com" has to stay home with the dog

 

[Rushia]

~Thanks. I think I can ... I think I can ... I think I can. LOL His first time flying and he is not so happy. Just to think 20 hours from now we will be soaking up the sun 1000's of miles away

Rub it in why don't ya?? I got sit here and freeze my rear off in NY. Once again, Good luck and have fun!!!