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Title: Injunction hearing coming up... Post by: sanemom on March 27, 2013, 09:34:47 PM BPD mom filed an injunction asking to get the tax refund that will be sent to DH since she is years behind in child support. She is asking for it based on DH and her orally agreeing that they would not exchange child support, but then she filed for child support against DH so he figures the oral agreement is null and void. The child support office just sent notice to her new employer to start garnishing wages again. I know it is all about to hit the fan now.
I guess I have no idea what the judge will say about any of this--it is just one big mess now. My main question is how detailed are these injunction hearings? Do they call witnesses? Title: Re: Injunction hearing coming up... Post by: marbleloser on March 27, 2013, 09:40:17 PM No idea sanemom,but I'm sorry to hear this. In my opinion,with her being so behind on cs,she has no case at all.Oral agreements are worth the paper they're written on.
Please keep us updated.I've been wanting to file an injunction against my kiddos school for custodial interference.I'd like to know how an injunction works. Title: Re: Injunction hearing coming up... Post by: AnotherPhoenix on March 28, 2013, 09:13:33 AM BPD mom filed an injunction asking to get the tax refund that will be sent to DH since she is years behind in child support. She is asking for it based on DH and her orally agreeing that they would not exchange child support, but then she filed for child support against DH so he figures the oral agreement is null and void. The child support office just sent notice to her new employer to start garnishing wages again. I know it is all about to hit the fan now. I guess I have no idea what the judge will say about any of this--it is just one big mess now. My main question is how detailed are these injunction hearings? Do they call witnesses? It sounds like the only thing legally binding is that BPD mom is supposed to be paying child support and that she is years behind in child support. I don't see how the judge can take away DH's money to pay BPD mom's child support. That's already DH's money. BPD mom is employed, so she has a source of income. If you want to avoid some of the hassle and costs, would it work to reduce how much extra BPD mom has to pay each month to catch up on her child support? AnotherPheonix |iiii Title: Re: Injunction hearing coming up... Post by: sanemom on March 28, 2013, 10:30:37 AM It sounds like the only thing legally binding is that BPD mom is supposed to be paying child support and that she is years behind in child support. I don't see how the judge can take away DH's money to pay BPD mom's child support. That's already DH's money. BPD mom is employed, so she has a source of income. If you want to avoid some of the hassle and costs, would it work to reduce how much extra BPD mom has to pay each month to catch up on her child support? AnotherPheonix |iiii She's only paying $125/month to catch up and $250/month current (we have the boys; she has DSD). She doesn't want to give DH a dime... . not even copays when he submits them to her. We made an offer to her to reduce the back support she owes by half, and she wouldn't take it--wanted to fight instead. So here we are... . Title: Re: Injunction hearing coming up... Post by: ForeverDad on March 28, 2013, 10:52:51 AM So DH should withdraw past offers. If it was made in writing, then it might be good to withdraw that offer in writing. All offers need to have an expiration date and also be conditioned that they permanently resolve the stated issues as a whole and pieces of it can't be re-litigated unless both parties agree to re-litigate.
I don't see how the judge can take away DH's money to pay BPD mom's child support. That's already DH's money. BPD mom is employed, so she has a source of income. Oral agreements are worth the paper they're written on. Would DH be at a disadvantage to admit something was said verbally? Perhaps DH can simply state that any verbal conversations regarding agreements were just tentative proposals or pending until put in writing and signed in order to be documented and enforceable but since nothing was written up and signed, then it's all thin air and went *poof*. |