Thank you ALL for your support. As always, it is greatly appreciated!
Valeria, thanks! In the judgement, the judge did put in the findings that ex was found to be incredible and that she did not believe that he owed ow 100 thousand dollars.
This judge (really a support magistrate) sent the case off to the actual family court judge as she can not hand out punishments.
We have court on Thursday. My lawyers said the judge we will see is a "no-nonsense" judge and may very likely send ex straight off to jail.
Ex owes me 18k and agreed to this amount. I don't recall if I mentioned it here but he said that he would be taking a penalty if he took the money out early from his investment. My lawyer responded that it wasn't my problem.
Then this past week his lawyer called my lawyer while ex was in his office and said that not only would he take an 8 percent penalty when he gets the money out, but he can't get the money out until Sept. 22. That would make it one year since he invested it.
At first I responded to my lawyer that it shouldn't be my problem but my lawyer said the deal they were offering wasn't bad. Ex was willing to pay for my legal fees and start paying me the correct support payments if I agreed to wait until then. My lawyer said this was a good idea to agree to it as there is no guarantee the judge will reward me legal fees (which is about 10k at this point). He said the would also put it in there that they have to pay me 5k for now and he was going to ask the judge that if I didn't get the money by Oct. 1, then ex would go to jail.
All was agreed upon until the next day when my lawyer got a fax from his lawyer with 2 different proposals. Both only benefited ex. He wanted me to agree to a $1,200 reduction a month and drop my violation petetion. He also admitted in the fax that ex makes 68k alone in his side business a year. So in all actuality there was no pay cut. Oh yeah, and ex is appealing his case.
My lawyer wrote back to his lawyer: "Your settlement proposals are rejected. It is quite apparent that Mr. X still doesn't "get it", even after having been found to be incredible and, basically, a fraud by the Support Magistrate. I will waste no further effort discussing the issue. I will see you in court next Thursday and will let the judge make his ruling".
Ex is acting like he is holding all the cards. I hope things go my way on Thursday and the judge finds him guitly of being willful and makes him pay my legal fees.
My lawyer said that the family court judges rarely go agaist the support magistrates decision. If the support magistrate found him to be a fraud then the family judge will take her ruling on it.
Bottom line, ex is an idiot.
Oh yeah, and also, ex's lawyer put in the proposals that ex will remain co-owners with his gf as he can no longer afford to own it by himself as he planned. WTF do I care? What does that have to do with my case? (Ex said in court that he was hoping to eventually own the house by himself and by his gf out)
Now onto other things.... Sorry this is long! I've been feeling kinda down the last few days. I have no motivation to do anything. I'm feeling kind of sorry for myself. Not sure what is going on.
I think a big part of it is that I miss being in a relationship. I miss being a married woman. I am not talking about being married to ex as I no longer miss him. I just miss having someone to talk to while the kids are gone, someone to cuddle with and be intimate with. Someone to hold my hand and go out to dinner with.
Don't get me wrong my friends are wonderful, but I still feel like I am missing out on something. So many of my friends are going on vacation with their husbands and/or kids for the summer. I never got to do that when I was with ex.
Miss H, As I told you earlier, he has no cards to play, he can ACT like he does, he can THINK he does, but the reality of the situation is, he is liable for everything. He can appeal the decision, but appeals court is different, you have to PROVE that the case was mishandled, or the Judge overlooked evidence in his favor. As he has already admitted in the fax sent by his lawyer of his true income, he has no legs to stand on. This judge may very well send him to jail for fraud and perjury to the court. Truthfully, he deserves that, in spite of it all, he owes the money and support and will have to pay it. Btw, please keep all your financial disclosures you have on him. If he starts trying to hide assets with family members, you can track them down and turn whoever is holding them into the IRS for not paying taxes. Yes, you must pay taxes on any income regardless if it is yours or given to you by someone. After an IRS audit, I can promise you, no one else will hold anything for him!!! Let us know how it goes on Thursday!
BH, I know, he acts like the cards are in his hand, but in reality it's me that has the upperhand at the moment.
I realized last night why he said he wanted to own the house by himself without the ow. This was just an excuse of why he put the 100k in her name, he was trying to make it look like he owed her that money. Now when his bs was called out by the judge he says he is going to remain co-owners with the ow so now miraculously (sp?)he doesn't owe her a 100k anymore.
They are nothing but a bunch of frauds who act like they can outsmart anyone.
Ms. H, You must remember that Karma has a way of coming back to bite a person on the @ss. Give him enough rope and he will surely hang himself. From what you've written, your lawyer is just the person to take him on.
Sit quietly, the answers will reveal themselves when you least expect them to. The past is gone, the present is a gift and you need to focus on today, allow the future to reveal itself when it is ready.
Snodderly, so far my lawyer has done a great job. All I can do is to keep faith in him. BTW, how are things with you?
Punkin, no applause yet as I still have Thursday to get through. I must say though that I have been waiting for Karma to come around now for a long time.
Ms. H, Karma is coming along slowly but surely for you. Just be patient a little while longer and I think you'll see some changes for the better for you.
I'm doing fine...surviving the heat and humidity. Took my sister and her children to the Kennedy Center to see Mary Poppins. It was extremely good.
What about you and your boys? How are your parents?
Sit quietly, the answers will reveal themselves when you least expect them to. The past is gone, the present is a gift and you need to focus on today, allow the future to reveal itself when it is ready.
Glad to hear you are doing well Snodderly. My parents and the boys are good, thank you for asking.
So just an update. I had court today.
The judge found ex of being guilty of being willful and ordered him to pay me what he owes me and to pay all my legal fees.
However, he did not order him to jail. He felt like since the economy is bad right now he was going to give him a break.
BS. I don't see how you can say he was being willful and then not punish him on it.
Ow also testified. (I know she is not the ow anymore but it's just easier to distinguish who I am talking about)
Ex's lawyer asked her to testify on ex's behalf. Ow and ex did not previously produce a promisary note in the last 2 hearings stating that the 100k he put into an investment and then changed over to her name belonged to her as repayment for ex buying the house. But today they produced one.
The judge wasn't buying it that the note they brought in today was signed in the beginning of 2009.
He said in his judgement that he believed that it was too much of a coincident that he changed the investment into her name the same month that I petitioned to take him to court.
Ex also took the stand. Get this...he actually started crying when his lawyer questioned him if he was aware that he could go to jail if being found willful. He also asked him if he ever been to jail before which ex replied "no" while trying to choke back tears.
I am relieved that he was found guilty but like my lawyer said, it's a win for us but not a win if he is not punished for not paying.
Now here is the confusing part. My father and I thought the judge did mention something to the effect that if ex did not pay after a period of 30 days then he would be sent to jail. My lawyer did not seem to here this.
So I am going to call up the courts tomorrow and see if I could get a copy of the transcripts so I can make out what was really said.
