I have been licensed to practice for 20 years....Rarely, if ever, do judge's grant Motions to Reconsider (unless it is purely procedural - for example, they imposed a default judgment because the Defendant missed their Answer date for "good cause") because it is, essentially, saying - Judge, I am asking you to enter an order saying you were wrong the first time and now have it right. Yeah, right....! Motions for New Trials can only be granted if certain grounds exist and they are very hard to meet. What state are you in? Do a google search on Rules of Civil Procedure grounds for New Trial. Bet he can't meet them.

Regards,

BB

Thanks Mr W and S05, this is getting so frustating. I'm sure he is stalling and like S05 said, he is starting to see the realities of his actions. He is not going to have all of his money to continue his lifestyle.

I will definitely make sure my attorney file those comtempt charges.

On the good news note, I talk to CSE (Child Support Enforcement) today and they are sending the wage assignement order to his employer this week. She said that I will get the CS every 2 weeks, like he is paid. She also said that the retroactive CS that he owes, will have to go through them so they can keep track how much he pays which in turn means that he will have to do so much extra each month until he gets it paid off, which usually is 1/2 of what he monthly obligation is.

Thanks so much BB for responding. I feel so much better. I was totally freaking out but now I can rest a little. I'm going to do that search for my state (Missouri) to see if I can find out. Thanks again.

I am not licensed in Missouri so you should consult with your attorney as to the requirements in your state - it could be as simple as "for good cause shown." Long and short, though, I suspect he/she will tell you not to worry - very rarely granted.

Regards,

BB

Pepsi,

One more thing. Why hasn't he told his family about his impending divorce? Shame. What's he going to say?! Oh, mom, dad, sis, I decided to divorce Pepsi and become a part time dad to our 5 (count them) children because I was feeling a little neglected. I've decided to replace Pepsi with a younger, maintenance free (at first appearance) model of her. Not to worry though, I'll drop in now and then and take the kids to the park. Reeeaaaallllly, everything will be fine! You'll see, this is for the best. Me and Pepsi will be best friends. <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" />


Sorry, but the kids in these marriages really get to me. We chose to bring them into this world and by doing so, we make a promise to them. It is no longer about us and our poor little bruised, neglected egos. It is about the children and they deserve every last possible chance to have the best shot at life. This is usually best accomplished by having a mother and father stay together to raise them. This is not directed at you personally Pepsi because I'm not even familiar with your pre-divorce sitch. I'm just so angry at the moms and dads that walk out on 5 kids, pregnant wives, etc.

I'm glad it appears things will continue to go your way legally. Really, I don't know what he was possibly thinking!

Thanks BB, I've been thinking and trying to do research and I feel much better b/c both sides presented evidence to the judge (heck WH was even caught in lies on the stand). The judge followed the law according to MO esp. with the CS calculation form. I was even thinking that I should file an appeal since I did not get spousal maintenance.

Shattered05, thanks for your response. I have no idea why he did not tell his family or friends maybe he has by now since it is final, who knows. I agree with you about the kids. I think he was thinking that he would get away w/o supporting his kids or only giving them what he thought they needed.

Not the sharpest tool in the shed, huh? Everyone knows if you're not the custodial parent, you pay child support...does he think he's special???

BB

BB, that's funny, I do believe he thinks he is exempt from having to pay CS <img src="/ubbt/images/graemlins/eek.gif" alt="" />

Well talk to my attorney today, and seems as if WXH filed a motion to reconsider b/c he doesn't want to pay the full amount of CS he was ordered too. He wants a portion of it to be considered Spousal Maintenance (I assume for the tax consequences) and b/c he is already so far behind b/c of the retroactive award. (Someone told me that if you are behind $10,000 in CS then they take your license and passport and you will go to jail until you make a lump sum payment) well he is behind more than that. And I also believe that he doesn't want to be held responsible.

You were right my attorney said that he believes that the judge won't even consider it so not to worry. My attorney also said that I will have to be the one to file the contempt charges against WXH since he was suppose to give the money to me. He said that they will garnish his wages. I will have to file contempt charges on my attorney fees and for the arrears on the mortgage b/c he has yet to pay those, his deadline was May 31. He also has a another deadline coming up with the parenting class, he has 60 days to do that and he has not done that either.

Pepsi,

If there is any care for this man left in you..one drop of mercy he has not wrung out of your soul...

If you have ANY hope for his future as a father even if not a spouse..my advice is this..

Screw him to the wall. Screw him in so tightly that he will never forget it and can't hide from it.

Hold him accountable..file charges of contempt..insist that he take responsiblity.

Hey Noodle, thanks for your response. It looks like I'm going to have to file those charges ASAP. My mortgage is almost 4 months behind and if I don't do something I could lose it. I have not even been able to pay for this month's mortgage that I am responsible for b/c of the CS issue.

This could be a bigger problem because if the money isn't there..it's going to be your problem regardless.

Do you have any ideas for relief?

Is your income adequate to sustain your needs without his contribution?

The money is there Noodle, he just is not giving me any (not a penny so far) to support his kids, he would rather support and give it all to OW. That is way CSE is taking it by wage assigment which should begin in a couple of weeks.

BTW, no I cannot afford the mortgage w/o CS.

Well, I got a letter yesterday from the mortgage co saying that the payment that my WXH sent to them was not enough to get it current so they sent it back to him.

A friend told that usually when your home goes into foreclosure that they want all the payments to get it current and they will not accept some of it. I have not gotten any official foreclosure notice yet but I have a feeling that it is only a matter of time.

According to our D decree, WXH was suppose to get it current by May 31. I talked to my attorney Friday before the rejected payment letter came and gave him the info about WXH not getting it current and the past due amount. I also let him know that it was so far behind that I feared that I might lose it.

My attorney was suppose to file an answer Fri to WXH motion and include the past due mortgage info and his fees that are still unpaid.

Please pray that the kids and I will not lose our home before we get this to court.

i will keep you in my prayers and have the attorny fight his heart out for you thats what hes there for.im sure they can p-ut a stop on forclosure if xh negleted agreement terms on you

Thanks JM75 for the prayers.

I know my attorney will fight, he is so disgusted with WXH.

I called the mortgage co and they did not seem very helpful. I told them about the terms in the D decree and they replied that they were not bound by it.

well they will never make deals with regular people thats why its important for the lawyer to go at them,so they know it wont happen without a fight

They are not bound by it but they would much rather you get the loan current that have to foreclose. Get a name, number of an individual there and send them in writing the facts of your situation and how & when you plan to get the loan paid current. i.e. pay x amount until child support is paid. Generally speaking if you are willing to submit a plan, they will work with you. However, if it gets too far and they actually call the loan (demand payment in full) it could be out of your hands no matter if you can pay current. Don't sit on it, as a mortgage professional, communication is key. You know by now that you can't depend on him, so you have to continue to be strong and take action. ...screw him to the wall, and make him accountable. I'm sure your XH never ever thought it would come to this when he made the decision to cheat, just remember what goes around comes around. I heard my FWH tell someone the other night that "the truth will set you free" (I wonder where he heard that???LOL)

Hang in there, you're in my prayers.

Thanks AnnieT, I will call and talk to them again about the situation.

I just talked to WXH, he is such a worthless piece of sh*t (pardon my french & I never use those words), but he has gotten me so angry/upset <img src="/ubbt/images/graemlins/mad.gif" alt="" /> I think it is about time for me to go back into a very dark Plan B (if there is such a thing since we're D).

My attorney is on vacation for the holidays<img src="/ubbt/images/graemlins/teary.gif" alt="" />

Well talked to CSE(Child Support Enforcement) today, glad I called. Seems that WXH called and talked to the caseworker, said that he was sending a payment last Fri and that since he gets a credit for the mortgage against the retro CS he is suppose to be sending the cancel checks by tomorrow.

Well I faxed her the payments that were made and our statements so that she will have them. I guess if he doesn't send the cancel checks in by tomorrow that she is going to just go by what I faxed her today.

They have to have this in order to send the wage order to his employer so they will know how much is to be withheld including the total arrears. Hopefully I can start getting CS by the end of next week, if he sent in the payment he was suppose to. And the rest by wage assignment in about 2-3 weeks when he gets paid next.

Oh my attorney should be back in the office Monday so we can answer his motion and see about filing contempt charges. I am so ready for this to be over and get on with my life.

BTW, WXH called Monday trying to be so nice and give me an update about things going on. Even said that he hopes I was having a great day <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" />

I hope they will just take the money out of his check, and that will be the end of that. It would be miserable to keep going on and on, waiting for him to take care of his responsibilities.