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Just curious what will reprocussion be?

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basylica

Member
What is the name of your state (only U.S. law)? Texas

My ex and I seperated over 5yrs ago, attended mediation and divorced was finalized about 4yrs ago.
Since that point there have been several issues and adjustments need to be made to custody.
he always took me to court prior, this is my first time initiating court.

My lawyer and I went to court march 8th and wrote up an agreement to mediation in lieu of temp order hearing and my ex and his lawyer signed it.
on 4/10 mediator confirmed date to both parties
yesterday (5/22) I showed up prior to start time of 9am
I was told via paralegal opposing had "cancelled"
and walked out of conf room and bumped into mediator and explained what had just happened - it was now after 9am.
She said nobody cancelled with her, and went to call opposing.
told him to send his client and arrive when he can (claimed had another case in another county)
Ex called and asked for directions.
2+ hours later and opposing has ceased responding, and mediator agrees to me calling my ex.
I call and ask where is he, he states he's at work and he can't afford the 1K fee (he can afford running me up legal bills before, pays no rent or living expenses, and buys expensive electronics but thats a moot point) and claims he told his lawyer to cancel it last night and he only just heard about it...etc.
I told him it wasn't my fault he had a bad lawyer (mediator was listening to conversation on speaker as well) and he would be obligated to pay his mediation fee, my fee, and my atty's fee at this point for blowing off mediation.
I also told him he was in violation of a COURT ORDER he agreed to.

my mediator wrote a letter explaining all this (she was irked) to my judge, and my lawyer has requested a new court date.
She has also requested he pay my mediation fees, her legal fees for her time during mediation, drafting, the forthcoming court date, and 100% of any additional mediation the judge might order, as well as the fees he owes to mediatior.

I'm still shaking my head over this, and i've known him a LONG time and he's a certain special kind of stupid sometimes yet I'm still baffled as to how he'd think this is ok. He has gotten away with quite a few nose thumbings at the court because the previous judge must have had health issues or similar because we always got a sub judge, and this is a newly elected judge and she's known to be tough on people who don't do what they are supposed to.

One of the many issues is him refusing to pay medical, I pay 100% of dental and his ins sends him checks and he cashes them and pays 0 (basically stealing from me) having 13 tardies on his days to drop off kids at school....I got a truancy letter in dec this year....summer visit was specialized due to age of my children at my request and I wanted to put it back to "standard"....

I'm kind of curious how court might go when we get there. I'm really afraid he'll once again get a pass, because it's like with a child....you allow behavior and they keep doing it and pushing the limits.
he's done countless things that should have had the judge speaking sternly or making him pay for - and he's skated.

I hate the unknown and i'd love to know both legally and experience wise what the outcome of the court date may bring.
 


Zigner

Senior Member, Non-Attorney
There is no way we can predict the future. Sorry.

What is the name of your state (only U.S. law)? Texas

My ex and I seperated over 5yrs ago, attended mediation and divorced was finalized about 4yrs ago.
Since that point there have been several issues and adjustments need to be made to custody.
he always took me to court prior, this is my first time initiating court.

My lawyer and I went to court march 8th and wrote up an agreement to mediation in lieu of temp order hearing and my ex and his lawyer signed it.
on 4/10 mediator confirmed date to both parties
yesterday (5/22) I showed up prior to start time of 9am
I was told via paralegal opposing had "cancelled"
and walked out of conf room and bumped into mediator and explained what had just happened - it was now after 9am.
She said nobody cancelled with her, and went to call opposing.
told him to send his client and arrive when he can (claimed had another case in another county)
Ex called and asked for directions.
2+ hours later and opposing has ceased responding, and mediator agrees to me calling my ex.
I call and ask where is he, he states he's at work and he can't afford the 1K fee (he can afford running me up legal bills before, pays no rent or living expenses, and buys expensive electronics but thats a moot point) and claims he told his lawyer to cancel it last night and he only just heard about it...etc.
I told him it wasn't my fault he had a bad lawyer (mediator was listening to conversation on speaker as well) and he would be obligated to pay his mediation fee, my fee, and my atty's fee at this point for blowing off mediation.
I also told him he was in violation of a COURT ORDER he agreed to.

my mediator wrote a letter explaining all this (she was irked) to my judge, and my lawyer has requested a new court date.
She has also requested he pay my mediation fees, her legal fees for her time during mediation, drafting, the forthcoming court date, and 100% of any additional mediation the judge might order, as well as the fees he owes to mediatior.

I'm still shaking my head over this, and i've known him a LONG time and he's a certain special kind of stupid sometimes yet I'm still baffled as to how he'd think this is ok. He has gotten away with quite a few nose thumbings at the court because the previous judge must have had health issues or similar because we always got a sub judge, and this is a newly elected judge and she's known to be tough on people who don't do what they are supposed to.

One of the many issues is him refusing to pay medical, I pay 100% of dental and his ins sends him checks and he cashes them and pays 0 (basically stealing from me) having 13 tardies on his days to drop off kids at school....I got a truancy letter in dec this year....summer visit was specialized due to age of my children at my request and I wanted to put it back to "standard"....

I'm kind of curious how court might go when we get there. I'm really afraid he'll once again get a pass, because it's like with a child....you allow behavior and they keep doing it and pushing the limits.
he's done countless things that should have had the judge speaking sternly or making him pay for - and he's skated.

I hate the unknown and i'd love to know both legally and experience wise what the outcome of the court date may bring.
 

LdiJ

Senior Member
There is no way we can predict the future. Sorry.

I agree. You do have a new judge though so things will be different at least to one extent or the other. No two judges respond exactly the same to all matters.
 

basylica

Member
I agree. You do have a new judge though so things will be different at least to one extent or the other. No two judges respond exactly the same to all matters.

I realize nobody can predict the future....I'm curious what the judge will do about skipping a court ordered mediation like he did.
My lawyer just emailed me docs refiling for temp orders and a motion for a whole lotta money (mediation he skipped, my lawyers time for mediation and going to court, 100% of additional mediation etc)

Last time I filed was 9m after we'd gone to mediation for the first time and he hadn't finalized the divorce nor paid me any child support in that entire time.
we filed and asked for divorce to be signed and he be sanctioned for all of this and we got $250 :(

I know it will really depend on the situation and the judge both - just wanted an idea of what may have happened in the past. Not enough to still work there, but kinda makes me wish I still had access to lexis nexis to search for similar cases.
 

single317dad

Senior Member
I realize nobody can predict the future....I'm curious what the judge will do about skipping a court ordered mediation like he did.
My lawyer just emailed me docs refiling for temp orders and a motion for a whole lotta money (mediation he skipped, my lawyers time for mediation and going to court, 100% of additional mediation etc)

Last time I filed was 9m after we'd gone to mediation for the first time and he hadn't finalized the divorce nor paid me any child support in that entire time.
we filed and asked for divorce to be signed and he be sanctioned for all of this and we got $250 :(

I know it will really depend on the situation and the judge both - just wanted an idea of what may have happened in the past. Not enough to still work there, but kinda makes me wish I still had access to lexis nexis to search for similar cases.

As far as the fees go, you can expect to probably be ordered part of what you ask for. In most of the family court sanction cases I've seen, one party who has clearly been financially damaged such as you have, will ask for an amount, and will get a portion of that amount, which is usually not as much as the damages incurred. Here's a hint: You won't get much of anything unless you can submit to the court receipts or other proof of the amounts you're owed. Every single thing, down to the penny. The more prepared you are, the better your outcome, usually.
 

basylica

Member
We are asking for attys fees and mediation fees so they will be represented. I rather think we ought to include my time at this point ;)
I just checked the court case lookup and i see a date set. I know either party can object and court can say yea or nay. Im wondering what the odds are for the court allowing a reschedule at this point now. Logic would dictate they may say "tough" but courts are not always running on average citizen logic. Lol
 

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