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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-25-2009, 08:26 AM
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Not like you don't already feel bad enough, but welcome to the FL system..

It's a total crap shoot; I often wonder how these judges can sleep at night knowing the disasters that they are creating with their "judgments". IF they only understood the damage they are causing the children. Who cares if they feel they’ve made the right decision for the custodial parent, they seem to forget the collateral damage they continue to cause.

Chin up though, think of it this way, how can it get any worse, it can only get better, (I try to tell myself that at least once a day, or reality sets in then I'm SOL, LOL).
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Old 02-25-2009, 09:32 AM
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Oh, I am so sorry to hear you didn't have a positive experience at your conference.

It is definitely not a good sign when the judge arbitrarily imputes an income based on a figure he defines as a minimum.

I have to wonder though, why did you agree?

I would rather take my chances in motions court to reduce the child support. I guess you can always bring a motion to vary based on further and better evidence. But since you essentially agreed (or were intimidated, bullied or manipulated!)on "consent" to an inflated amount might affect the outcome? I am not sure.

I beg to differ with that judge that $400.00 is the minimum per child. How can some judges say that? My ex is ordered to pay $100.00 less than that to me from an old income tax return in 2006. He makes 5X that income now as stated in a "draft" financial statement from 2007 but the judge declined to rule any different and is leaving it a trial issue.
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Old 02-25-2009, 09:51 AM
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I'm sorry that you had a disappointing outcome. You just never know. I quickly learned to not get my hopes up as the outcome is always a crapshoot.
Aside from that, how did the self-representation go? Are you happy that you did? Did it go smoothly?
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Old 02-25-2009, 11:04 AM
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Well, first, we didn't get a chance to agree or disagree with the child support amount. We didn't think we could. The judge ordered an interim support order, and we didn't know we could dispute it then and there. She also set a settlement conference 4 months from now to deal with the issue (and the other issues) once more information has been disclosed (i.e. 2008 income tax return, proof of income to-date for 2009, proof of employment seeking, etc.)

Self-representing sucked. I thought blood was going to dribble out of the corners of my mouth as I bit my tongue, watching my fiance - who is usually very confident, well spoken, able to debate any topic - flail around like a fish out of water, grasping desperately for oxygen. It definitely wasn't a positive experience for either of us. We're trying to come up with ways to have a lawyer represent us for the settlement conference, even if it means eating canned beans for breakfast, lunch and dinner for a month!

But, there is not much that can be done now. We'll have to deal with it all again in four months, and hopefully we have learned something from this experience and things will go better next time.

One thing that really irked me, though, is that the judge ordered costs (my stepson's mom is demanding that my fiance pay her legal fees) to be decided on by the settlement conference judge. Really? Like do they really think it's reasonable to order an unemployed father, who has just been ordered to pay $250/month in child support MORE than his EI benefits obligate him to pay according to CS guidelines, to pay for the legal fees of the money recipient? REALLY?
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Old 02-25-2009, 11:14 AM
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Again, welcome to the FL system, where reasonability does NOT factor into any judgment. I really hope that you get a better chance in the Settlement Conference.
My prayers & thoughts are with you!
FL
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Old 02-25-2009, 01:35 PM
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Quote:
Originally Posted by FL_Needs_To_Change View Post
Again, welcome to the FL system, where reasonability does NOT factor into any judgment.
Isn't that true! I almost laughed, when at the beginning of every-other-sentence, the judge said "I'm making this order in the best interest of the child." Yes, because causing the child's second home/family to fall to pieces is in his best interest.
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