Yesterday we went back for our CS hearing. We requested a modification to reduce CS since we now have OC %40 and was previously only based on %15 and H had to change jobs due to the bee sting (severe allergic reaction) and is making less $$$.
When we got there the Deputy DA asked for his current pay check stubs.....that was a good sign. H said he was prepared to be asertive and fight for us and was not going to request a continuance if they needed more proof for the bee sting.
They interviewed OW, which took forever, I don't know why, they only had to verify that we were seeing OC as much as we claimed and verify her income and expenses.
Then they interviewed H, which I am not allowed to go in w/ him, I knew that, so I just waited right outside the door and listened from there. <img border="0" title="" alt="[Razz]" src="images/icons/tongue.gif" />
They tried to tell him he should just agree to their #'s because he was "getting a good deal". CS would be lowered but they wanted to deny a "hardship credit" we were asking for for the 3 kids of ours, that the judge had granted previously.
Of course they ?? who these (our)childrens father is...uh ..... DUH! Told him how lucky H was because they couldn't ask him to pay for OC PRIVATE school and he does not have to pay day care costs. H pointed out that OW does NOT pay day care costs anyway so that is why they CAN'T request that and private school is OW CHOICE so nothing there either. H said he'd take his chances w/ the judge.
Went before the judge. Everything was in agreement, income, timeshare, only dispute was the "hardship credit".
DA argued that H didn't need it because W was making more $$$$ ($500 more a month whoopie! <img border="0" title="" alt="[Roll Eyes]" src="images/icons/rolleyes.gif" /> ) and health insurance cost less now. H pointed out that the only reason HI cost less was because we could no longer afford to have ALL of our children on it and since it was not court ordered for THEM, ONLY OC has health insurance right now.
H also mentioned that judge had previously granted $650 hardship and facilitator showed that H share of expenses was over $1000 to support our 3 kids. H then respectfully said that he would leave it to the judge's discretion.
Judge compared the 2 household incomes and said OW "really needs the $$$$". Interesting that judge did not factor in that we have twice the size of household and dependants. Then H pointed out (my favorite part) that OW was going to school---OW interuppted and blurted out "only 1 class!" (which made her look stupider) H continued that OW only worked PART-TIME & and was able to work more. OW in defense said that she is scheduled to only work 19 but works 10 extra hours .....wah wah wah!!! <img border="0" title="" alt="[Roll Eyes]" src="images/icons/rolleyes.gif" />
Judge asked her how many hours she worked and she said 29 so judge said, ok so that is only part time.
DA was staying VERY quiet and making this a little too easy which makes us believe that we were somehow entitled to more or that our timeshare is actually higher but........could only argue the lower cost of health insurance then judge reminded DA that our kids do not have health insurance. H also pointed out that we do ALL the driving and with gas costs rising so high......
DA had supbeona'd "records" from h previous employer, did not mention what those were but it must have been about the bee sting. NEVER brought it up at all this time. DUH! Maybe DA realized how stupid it was to question a fatal allergy and try to trivialize it like she did last time! What an idiot!
Judge granted a hardship. Less than before but something still. My 3 children are worth $359 and our CS has been lowered to just under $200!!!!!!!!!! <img border="0" title="" alt="[Big Grin]" src="images/icons/grin.gif" />
Although I do not like the sympathy towards OW judge shows, I do think this judge tries to be fair and she is more lenient on fathers who are actually having a relationship w/ thier children.
I still wanted to rip OW head off as we were leaving court but I refrained! <img border="0" title="" alt="[Razz]" src="images/icons/tongue.gif" />
H and I went out to eat to "celebrate" and enjoyed a little private time. While we were out we signed up to attend a sales presentation for a timeshare and so we also get a FREE mini-vacation to HAWAII!!!! airfare included!!!!! Is that corny or what? I love it!
So we are going to start planning out mini-get away, probably around our anniversary (in Oct.), since it is luckily not a black-out date!
This current CS won't even cover OC school tuition, which we still plan to fight anyway!
AND in response to OW statement about what OC
deserved and is OC
right (CS)...well all I have to say is.......I hope $180 a month is WORTH OC RIGHTS!!!!! and having to give up 1/2 of them!!!!! <img border="0" title="" alt="[Razz]" src="images/icons/tongue.gif" /> <img border="0" title="" alt="[Razz]" src="images/icons/tongue.gif" />
disclaimer: I am NOT against CS, I am only against the unfair treatment and calculations of it with disregards to the children H has @ home to support!
<small>[ March 17, 2004, 12:32 PM: Message edited by: ktbunch ]</small>
