I went to court in May for his downward mod petition and my violation petition. On my summons paper it says that we were supposed to have a certain judge (last one we had last time) Well it wasnt here, it was a man who I never seen before (later on my lawyer told me hes a "fillin" judge so we prolly wont see him next time).
Judge says who filed first? My lawyer says ex did. So he says how do we respond, my lawyer says denial.
Then he asks ex how he responds, he tried starting in on his needing support lowered because etc. Judge then said no they already responded your petition and it is here with the court, we want to know how you respond to her petition. Judge then reads my petition and then ex says "its over $3000?!?", i dont think its that high I just paid $1500 and Ive been paying $30 every week (wrong). So they call in the support clerk (whatever shes called) reaffirms that it is over $3,000 and the $1500 payment was credited and it reflects that. So ex says "how did it get that high"?, now the people's faces were just in shock. The judge says at such amount weekly it adds up etc, and the judge asked when was last payment before the $1500 we say November. Judge says well 6 months of no payments will add up.
Ex then carries on about people at support told him even he needs to get it modified, the judge says to him saying save it for the hearing etc. Judge says why havent you been paying and he says " I dont have a job(im confused about this part in his petition he said he had a part time job) and last magistrate told me I could pay whatever i could" then the faces on them were priceless (they know a magistrate wouldnt say that), They were smiling (im not sure if they just couldnt believe he was saying these things or what not). What she said was "do what you have to, to pay or at least pay something til you find a job and you better find something soon because its not going away".
Then the judge set a hearing date for both petitions for mid July. Ex says so can i start explaining my petition to lower it and Judge says no you can when you come back to court and then ex goes ok whats the date? Im like wtf? He just said it do you even listen. My lawyer doesnt think ex will get it lowered judge said he could only go back to May 7th and my lawyer told me something needs to have changed since the Feb 28th court date (his 2nd mod petition and he cant use the stuff that happened before that date meaning the injury).
They offered him a lawyer in the beginning but he said he wanted to continue without one so there we go. Next date is in 10 days.
All this doesnt even equal one week payment (including his add ons as per the order).
I have also found out he no longer works for that one employer(the part time job one he works for only sometimes) 1 week after he started (my case worker at cseu told me). So right now I believe hes not working.
What will they do for violation if hes not working, has no property in his name, and they already took his license. I hear they dont threaten with jail in my county mainly just tack on more towards arrear weekly but if hes not working what then? Right now hes over $4,000 in arrears.
Don't expect to see much happen. There are several options for the CS people to take, and since he has nothing, the only thing they could take was his driver's license. It appears incarceration is the only option left. He might get a few weeks in jail here or there over time, but it doesn't sound like he will pay much anyway. I'd plan a life without the CS myself if I were you. CS people tend to go after people that don't pay, and have assets, and substancial means to pay.....and he has neither.
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