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Court Monday...It's Not Gonna Go Well

post #1 of 13
Thread Starter 

My situation, in a nutshell. I have been divorced for 7 months, separated for almost 2 years. In that 2 years, the longest that XDH has paid child support consistently is maybe three months. He doesn't pay for insurance or clothes or food or anything else for the kids (they're five and three) and he doesn't participate in their lives beyond his one visitation day every week. I have been looking for work for all but two months since we split up; I have been very, very blessed with friends and family who have helped me provide for my kids when I couldn't and when their father wouldn't, but they can't do everything for us. We are living with my mom, she is paying all the bills and giving me what she can toward gas, she can't provide all the clothes and all the other basic stuff kids need on top of keeping a roof over our heads. The ex refused to help with DD's school uniforms and supplies back at the beginning of August, and mom stretched her budget to the limits to get them for her, she goes above and beyond, but there are times when she just can't do it, and right now is one of those times. 

I was only getting $100 a week from the ex, but it was making the difference between being able to get the kids what they need, on a limited basis, and not being able to get them anything. DH quit paying his full amount around the beginning of August, then quit paying at all the beginning of September, we haven't had a dime in six weeks. Over the last few weeks, DH has become severely ill, to the point of being in ICU for a few days, and has either quit or lost his job, not sure which because he doesn't feel that it's necessary to discuss such matters, or any other matters, with me. He's somewhere in the neighborhood of $2,000 behind, most of which was accrued well before he got sick. Which brings us to our court date. It is Monday, and I have a really bad feeling about it. I think that my ex is going to either roll into court in a wheelchair, playing the wounded warrior to the hilt, and the judge is going to grant him all the time in the world to get himself in order before he has to worry himself about child support again, or he's not going to show at all, and I am going to have to be the grown-up, as usual, and explain everything that has been happening to him. Which will end with the same results, me looking like an idiot and a b@*ch for trying to drag the ex into court when he's such a sick man. I can't drop the court date, I've already done it once and XDH took it as a sign that he can do anything he wants and I'll just back off and let him. Is there anybody who's been through this and come out of it on the winning side, or should I just prepare myself to eat crow?

post #2 of 13

You won't look bad for keeping your court date.  You're keeping it for your children - their needs don't subside whether your ex is "sick" or not.  Just like they wouldn't if you were still married.  People have to be responsible for their children no matter what's happening with them. 

 

If indeed he is unable to pay for whatever reason, he needs to explain why to a judge - not simply decide not to support his children without even telling their mother why. 

 

 

post #3 of 13

You could and "I am sure would" be more understanding if he paid his CS when he wasn't sick..One could understand and let it go for awhile if it was a true need..But he just doesn't flat out pay it whether he is sick or not so it probably shouldn't apply as to whether he should get off anymore...I would just keep the court date and state your side..Ex isn't paying..Yes he is sick right now but he wasn't before and still wasn't paying...End of story..

 

Hope things getter for you..I am glad you have so much familiar support...

post #4 of 13

Stay strong.  Know you are doing the right thing for the kids.  

post #5 of 13

Do not plead your ex's case. IUt is simple, state when he decreased the amounts, state when he stopped paying all together. Was he still working or did his illness stop him working , when did that happen. Did he decrease then stop paying for no reason? If so, make that clear. Good luck!!!

post #6 of 13
Thread Starter 

Court got pushed back until November 28th. I'm "lucky" in that my mother works for the clerk of court and can check on things when I have a court date scheduled; she came home Friday afternoon saying that my case was no longer on the docket, so I called this morning early to see what was up and was told ex-fil had come in Friday with a doctor's excuse for the ex and so they changed the date. Without notifying me, because "We have sooo many people who call on Friday to cancel Monday court dates that we just don't feel that we can notify everyone, so we don't." I was pissed off in purple when I got off the phone this morning, but I really feel for people who have to arrange childcare and take time off of work and just generally jump through hoops to get to their court date, only to be told that it's been put off and nobody made any effort to notify them. 

So, the end of this story is that the ex gets to go on being a deadbeat for another two months; I wouldn't put it past him to try and get the court date moved back again, so I'm not holding my breath that we'll get anything done before Christmas. 

post #7 of 13
I hear your frustration, but it sounds like the reality of the situation is that he is not showing himself to be a consistent provider. I do hope you get a favorable judgment as that money will benefit the kids. I would counsel you to look beyond him entirely and focus on a job search, skills training if you're striking out after 2yrs of looking, etc.
post #8 of 13
Thread Starter 

I've been putting in job apps everywhere I can think of, for everything I think I might be even remotely qualified for. I worked at Wal-Mart for about two months the end of last year, unloading trucks and hauling merchandise; it was rough work, but I enjoyed it and would have stayed there indefinitely if the money had been better. I was paying a sitter $10.00 an hour and only making $7.65; the ex refused to help with the extra expense, and eventually, I had to quit because it didn't make sense to work just to pay for child care. I want to be able to support the kids myself, I want to be able to tell the ex to go fly a kite and just put whatever pittance he feels he can spare for the kids into their college fund, but finding a job right now is darn near impossible. I can't afford college right now, and the only job training offered to people like me amounts to 20-30 hours of mandatory volunteer work a week, there's no real training involved.  Annndddd, I would have to find and pay for my own child care while I was "training", there's no free care available. 

post #9 of 13
Have you gone through the funding app process with the dept of labor in your state? You're in SC, right, so it would be SCWorks? I totally get the childcare conundrum and was lucky enough to have family watch my kids for free while I did a 2wk CNA course. Really hope ex can pull it together to give you some breathing room so you can have the extra $$ for childcare. I really feel for you.
post #10 of 13

4midablemama - I sent you a PM...

post #11 of 13

11/28 is the Monday after Thanksgiving weekend.  What are the odds?  grouphug.gif

I went through some of the same things with my son's father.  Eventually the court told him 'personal matters do not negate child support'.  He still does not pay but that statement put him in his place that day!

post #12 of 13
Thread Starter 

Got a message today from someone wanting to talk to me about an application I put in. I was driving through a parking garage when they called at 4:50 and didn't get to a place where I could call back until after closing time at 5:00, so no interview scheduled yet. You can bet I will be calling back at 8:00 am sharp tomorrow morning, though! This is a full-time position, with benefits and NORMAL hours....not getting my hopes up, but it was balm to my soul just getting a call back from someone. 

post #13 of 13
Thread Starter 
Quote:
Originally Posted by 4midablemama View Post

Court got pushed back until November 28th. I'm "lucky" in that my mother works for the clerk of court and can check on things when I have a court date scheduled; she came home Friday afternoon saying that my case was no longer on the docket, so I called this morning early to see what was up and was told ex-fil had come in Friday with a doctor's excuse for the ex and so they changed the date. Without notifying me, because "We have sooo many people who call on Friday to cancel Monday court dates that we just don't feel that we can notify everyone, so we don't." I was pissed off in purple when I got off the phone this morning, but I really feel for people who have to arrange childcare and take time off of work and just generally jump through hoops to get to their court date, only to be told that it's been put off and nobody made any effort to notify them. 

So, the end of this story is that the ex gets to go on being a deadbeat for another two months; I wouldn't put it past him to try and get the court date moved back again, so I'm not holding my breath that we'll get anything done before Christmas. 


Glad I didn't hold my breath. Court date's Monday, checked tonight to make sure it was still on, and lo and behold, nothing on the docket with my name on it. Probably looking at the end of January for the next go 'round, and I would almost bet money that that one won't happen, either. I am so damn TIRED Of this....

 

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