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For those that have been following:
I had a second SC last week as per the judge’s endorsement from my October motion, to deal with ongoing support and arrears (for those that don’t recall, the motions judge imputed a $40,000 income on my ex via temporary order but didn’t want to deal with the arrears)
So, SC with our case management judge. Ex played the same game of not filing a brief, confirmation, or anything at all, just shows up empty handed. I can’t figure out if he’s just really not very smart, or if this is his ongoing delay tactic. Either way, the judge immediately ripped into him for not filing anything. The ex had the audacity to say “I left it on top of my fridge at home”.
The judge then begins asking my ex why he isn’t following any of the orders (still won’t disclose bank statements, hasn’t got life insurance, stopped paying CS again since October). My ex pulls out his broken record and begins repeating the same sentence he says at every appearance: “I only make $18,000, I can’t pay her anything”
Duty counsel who is standing with me reminds judge of the Respondents ‘15, ‘16, income tax returns in the continuing record which show income of $32000 & $37000 respectively.
Judge’s response: “If you are going to continue to ignore the courts orders I need you to understand that your pleadings can be struck and this case will just continue on without you. I’m not saying that is what should happen right now, but you need to understand that is a possibility” He then stood the matter down to give us some time to try and come to an agreement.
During this time ex reviewed my offer to settle with counsel (CS and s7 based on $30,000, reduced arrears) and returned it to me with a scribbled note on it of “Child Support- $140, S7’s- $40, no retroactive support” which was his counter offer. He then proceeded to walk out- I think counsel thought he was going out for a smoke. The female duty counsel that always helps me looks at me and says “Don’t you dare settle for anything less than support based on 30”
We get called back in front of the judge. Ex doesn’t come back. Counsel goes looking for him only to discover he has just completely left. Judge then proceeds to write the longest endorsement to date, detailing ex’s argumentative mannerism, inability to follow court orders or file material, and how he left the court house in the middle of negotiations. I ask for an order that his upcoming motion date to change the temporary support order be withdrawn unless he can provide full financial disclosure by this coming Monday. The judge grants me the order and then says that he doesn’t know if there is any point in me booking any further settlement conferences, and to give it some time to see if the ex will begin following the temporary support order before I do anything else.
As I am leaving duty counsel begins talking with me and thinking out loud on what my next steps should be. They suggest I should wait a bit to see if my ex will start following orders (aka let him dig his hole a little deeper) and then consider just filing a motion for a summary judgement. In the meantime, call FRO regularly to keep them on top of him.
So the saga continues
Side note: Anyone have any idea on how long it takes between the time a support payor stops paying and FRO moves to suspend their license? Is there a minimum amount they have to owe or a certain amount of months to pass before that enforcement kicks in?
And does the passport get suspended at the same time or are those two separate enforcement methods?
I had a second SC last week as per the judge’s endorsement from my October motion, to deal with ongoing support and arrears (for those that don’t recall, the motions judge imputed a $40,000 income on my ex via temporary order but didn’t want to deal with the arrears)
So, SC with our case management judge. Ex played the same game of not filing a brief, confirmation, or anything at all, just shows up empty handed. I can’t figure out if he’s just really not very smart, or if this is his ongoing delay tactic. Either way, the judge immediately ripped into him for not filing anything. The ex had the audacity to say “I left it on top of my fridge at home”.
The judge then begins asking my ex why he isn’t following any of the orders (still won’t disclose bank statements, hasn’t got life insurance, stopped paying CS again since October). My ex pulls out his broken record and begins repeating the same sentence he says at every appearance: “I only make $18,000, I can’t pay her anything”
Duty counsel who is standing with me reminds judge of the Respondents ‘15, ‘16, income tax returns in the continuing record which show income of $32000 & $37000 respectively.
Judge’s response: “If you are going to continue to ignore the courts orders I need you to understand that your pleadings can be struck and this case will just continue on without you. I’m not saying that is what should happen right now, but you need to understand that is a possibility” He then stood the matter down to give us some time to try and come to an agreement.
During this time ex reviewed my offer to settle with counsel (CS and s7 based on $30,000, reduced arrears) and returned it to me with a scribbled note on it of “Child Support- $140, S7’s- $40, no retroactive support” which was his counter offer. He then proceeded to walk out- I think counsel thought he was going out for a smoke. The female duty counsel that always helps me looks at me and says “Don’t you dare settle for anything less than support based on 30”
We get called back in front of the judge. Ex doesn’t come back. Counsel goes looking for him only to discover he has just completely left. Judge then proceeds to write the longest endorsement to date, detailing ex’s argumentative mannerism, inability to follow court orders or file material, and how he left the court house in the middle of negotiations. I ask for an order that his upcoming motion date to change the temporary support order be withdrawn unless he can provide full financial disclosure by this coming Monday. The judge grants me the order and then says that he doesn’t know if there is any point in me booking any further settlement conferences, and to give it some time to see if the ex will begin following the temporary support order before I do anything else.
As I am leaving duty counsel begins talking with me and thinking out loud on what my next steps should be. They suggest I should wait a bit to see if my ex will start following orders (aka let him dig his hole a little deeper) and then consider just filing a motion for a summary judgement. In the meantime, call FRO regularly to keep them on top of him.
So the saga continues
Side note: Anyone have any idea on how long it takes between the time a support payor stops paying and FRO moves to suspend their license? Is there a minimum amount they have to owe or a certain amount of months to pass before that enforcement kicks in?
And does the passport get suspended at the same time or are those two separate enforcement methods?
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