Questions and History regarding Request for Hearing...Long

[Ohiogal]

Stealth....in a nutshell, I found work before we were "divorced", while we were going through mediation. I disclosed it when I was hired temporarily and permanently and asked him to recalculate CS and SS before we went in front of the judge in which he denied. Now he is taking me to court (I think) for a change of circumstance. I was willing to change it then and I would be willing to change it when I get on my feet absolutely but if you ask me there is still a huge disparity in our incomes and when we first calculated everything, I didn't include some of his income. My fault that is for certain.

You didn't disclose the change to the COURT who issued the decree of Separate Maintenance. He has a right to get it modified now.

 

[stealth2]

Is there a child support order?

 

[mistoffolees]

a. Plaintiff was unemployed when Judgment of Divorce was entered; Plaintiff is now earning in the excess of 28,000.00 per year.

Let's start with some basic facts:

1. What date was the judgment of divorce entered? It should have this date on the final divorce papers.

2. What date did you start working part time?

3. What date did you start working full time?


As I see it, you've got a weak case:

A. If you were working (even part time) before the date of the judgment of divorce, then you could be looking at a contempt charge for not notifying the court that you were working (talking about it with your ex isn't sufficient).

B. If you were NOT working before the date of judgment, then it IS a change of circumstances and ex can certainly ask for modification

So please fill in the dates and let's see where it goes.

 

[crazyeights]

Let's start with some basic facts:

1. What date was the judgment of divorce entered? It should have this date on the final divorce papers.

2. What date did you start working part time? Dec 2, 2009 full time/temp

3. What date did you start working full time?Jan 18, 2010 fulltime/permanent


As I see it, you've got a weak case:

A. If you were working (even part time) before the date of the judgment of divorce, then you could be looking at a contempt charge for not notifying the court that you were working (talking about it with your ex isn't sufficient).

B. If you were NOT working before the date of judgment, then it IS a change of circumstances and ex can certainly ask for modification

So please fill in the dates and let's see where it goes.

When we were going through mediation he agreed to keep everything as is and then when the papers were filed he did not want to go back to change anything as it would hold up the court date...but i can understand how this could be percieved as a possible contempt charge. He didn't want to notify the court...does that not mean he was in agreement with it as filed?? He was very well aware of my job.

Thanks

 

[mistoffolees]

When we were going through mediation he agreed to keep everything as is and then when the papers were filed he did not want to go back to change anything as it would hold up the court date...but i can understand how this could be percieved as a possible contempt charge. He didn't want to notify the court...does that not mean he was in agreement with it as filed?? He was very well aware of my job.

Thanks

He is not responsible for giving the court your information. YOU WERE. And you apparently failed to do so (although I can's say for sure because you've refused to answer my questions as to timing).

 

[crazyeights]

He is not responsible for giving the court your information. YOU WERE. And you apparently failed to do so (although I can's say for sure because you've refused to answer my questions as to timing).

I bolded the timing in the above quote...Dec 2 2009 hired as a temp...Jan 18th hired permanently.

I believe though that we did notify the court on the ss agreement page...but I will have to pull that out to be certain....

By your statement though, I am guessing that it doesn't matter that we were going through mediation at the time and he did not want the courts notified as he thought it would delay everything. He agreed to keep the status quo knowing I was working..But as you state that may not matter....

Thanks for your help so far....

 

[crazyeights]

I found the above mentioned...

When we arrived at the court house for our hearing, we both signed and filled out our source of income on the "Uniform Child Support Order" and the "Uniforn Spousal Support Order". Would this not be notification to the court that my source of income was disclosed?

 

[LdiJ]

I found the above mentioned...

When we arrived at the court house for our hearing, we both signed and filled out our source of income on the "Uniform Child Support Order" and the "Uniforn Spousal Support Order". Would this not be notification to the court that my source of income was disclosed?

I don't think that you have anything to worry about as far as contempt is concerned. I am not sure why anyone is even harping on that particular issue.

You still a have a large disparity in income therefore its certainly not guaranteed at all that a judge will decide to reduce alimony. However its not guaranteed that a judge won't either. Your ex had the opportunity to raise the issue of alimony modification long before your divorce was final and chose not to do so.

I suggest that you get a consult with a local attorney. You may not be able to afford to hire one, but it would be in your best interests to consult one.

 

[crazyeights]

3. Order that if there are issues remaining in this action, that the case be referred to Mediation to resolve such issues before Trail; and

4. Order any other relief deemed equitable by this court.


Can anyone tell me what the above exactly means? Does 3 mean that if I have issues aside from what this hearing is about that I must go to mediation? I ask because he has already told me that he would not go to mediation regarding the interference of my parenting time. I was already planning on my own hearing when he finally told me no.

And #4?

Thank You

 

[Silverplum]

I am not sure why anyone is even harping on that particular issue.

You don't need to know what others are thinking. Just do your own thinking and don't bother running after folks "correcting" them.