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With great respect to our Family Law professional posters. I wish there was an option


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to file for "Absurdity and Abuse".

 

This.is.insanity.

 

Ok, I suppose I should add some context for those readers not in my head. :)

 

XH has remained unemployed this whole time. From Jan last year until present - approaching 2 years - he's not worked and paid a whopping $400 a month (total, not per child) of child support. (For those who don't know, I have 3 children with him.)

 

The court/custody battle started early *last* summer. We've had 2 continuances, one mediation, a deposition and an ad litem (amicus, an attorney to represent the kids). When the ad litem evaluated the situation in our favor (and presumably, in Andrew's since that was his job), "they" requested another continuance. They wanted a full psychological evaluation. My attorney said the ONLY way she'd not fight it was if 1) They paid for it and 2) The ad litem chooses the professional.

 

In the Spring, Court was set for Sept. 21. We heard from them a couple of months ago. They 'have the money" but the professional is booked through November, can they have a new professional. We say no. They say nothing.

 

A few weeks ago, we hear from them. They say the court probably won't hear the case without the Psych Eval; we say Yuppers. Yuppers and if this continues, we need 1) a reevaluation of child support back dated to the start of the case and 2) attorney's fees. We hear nothing.

 

We get an offer to buy Andrew for the $4K they were going to pay to the Psychiatrist.

 

Today, (court is Monday) we get a Subpoena for duplicate and additional financial info on me, Andrew's school records, etc. And a motion for the Judge to confer with Andrew. REALLY?

 

THEY NEVER GOT THE EVAL THEY CLAIMED THEY WANTED AND ON WHICH THEY WERE GRANTED THE CONTINUANCE.

 

Futhermore and interestingly, xh's tax returns show a large IRA check cashed last year. Tell me, in the short time between divorce and unemployment, how did he accumulate that amount of money if it wasn't during the marriage and therefore marital assets?

 

Here's my latest email to my attorney and her assistant:

 

Dear Great Attorney and Terrific Assistant,

 

Tomorrow, my husband is going to drop off the following items:

 

1) A copy of the other book my discipline/parenting ideas were published in. I've already left the other one with you.

 

2) A copy of the email exchange and associated homework copy when Mike (again) failed during his few occassions to assist with the school work of the children.

 

3) My updated resume

 

4) Signed FIS copy.

 

5) Copy of Biology Research Assignment (Biology is outsourced)

 

6) Andrew's SAT scores, early last year as an 8th grader

 

7) Andrew's Stanford Achievement Scores, taken last year as an 8th grader, a nationally recognized test

 

8) Copies of a High School Transcript building idea

 

9) Sample Week of school (first week)

 

10) Example Week in Formal Writing Program (Classical Writing for older students)

 

11) Info on Saxon Math, Algebra, a nationally known and accepted math company used in homeschools, public schools and private schools

 

12) Info on Themes In Literature, Andrew's Literature Course for 9th Grade

 

13) The Reading Program used this year by my students. Andrew is doing a Science Fiction course.

 

14) The Grammar Key Scope and Sequence: Parts of Speech

 

15) The Grammar Key Scope and Sequence: Punctuation and Mechanics

 

16) Front page copies of some of the curriculum we'll be doing this year and next: Your Ambitions and Plans, How To Do Research, Pre-History, World Problems; Terrorism, World Problems; Poverty And Hunger, Upper School Science Basics, Music Theory, Early Civilizations, World Problems: Religious Tolerance, Upper School Acting Basics, Creative Writing, Artist's Basics.

 

17) An example of the type of work invovled above: A full copy of Human Rights Abuses.

 

18) A Partial Example of the above: American Civics thru page 20

 

19) A copy of Andrew's literature assignment in which he spontaneously used DH as an example of a man of character, integrity and respect.

 

20) If I can get a family schedule together, I will send that as well.

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As a former divorce attorney - I agree. Family court is no place for families! My first piece of advice to clients would often be - if there is any way to settle this - let's do it.

 

Unfortunately, what you are experiencing is the rule and not the exception.

 

Did I read it correctly - did the other side offer $4K for you to agree to custody? That kind of dealing is something I would want the judge to know about.

 

Also you definately want to see about reopening the property settlement for that IRA. In most states a missed asset can be divided when it is discovered and most judges will give you more of a share than you would have recieved initially because he lied about it!

 

Good luck next week!

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