I had filed a complaint for contempt covering non-payment of child support, non-payment of shared expenses (mostly medical) and him not being compliant with showing a paystub with a YTD figure on it. I suspect he is withholding alimony payments, but since I cannot prove it without the pay stubs, I can only claim that he is not compliant in showing the pay stubs.
He was served May 23. He is leaving Saturday for a vacation in Bermuda. Here is is response. Note the bullying:
This email is in response to the summons that I received (and that CatKid2 had the misfortune to read).
1. Regarding support. When I was unemployed, I easily could have sought modification. According to my lawyer, recent case law suggests that I would have had a good chance of being successful. This would have resulted in significant reduction in support. When I would have gotten a job, you would of course sought modification again. More money to the lawyers. I did not do this because I didn’t want to spend money on an attorney and I didn’t think it was the right thing to do.
[Actually, he pays a lot less in support than he should, given his income, and unemployment and his severance package would have been taken into consideration. Therefore, his issue for not seeking a modification, and he still owes the money]
2. Attached is a spreadsheet that represents what I have been paying for cell bills for both girls. The agreement requires that you pay 40% while they’re both in undergrad. It has been years since you’ve paid anything – I estimated August 2010. Their average monthly bill has been $180 and so I just used that round number. And you can’t blame me for not sending you bills. The agreement says nothing about who’s to provide bills, etc. This information is easily available online. Or you could have asked me. You have chosen not to pay or even inquire about their cell phone costs. So you owe me this money and technically are also in contempt of the agreement by not having paid it.
[Don't worry--I'm not paying anything without a real receipt. And I am *not* going on line to check his bills--there are legal reasons that I don't want to do this. Oh, and I have to remind him to send me a receipt? I was fired from that job a long time ago.]
3. This sheet also shows money I have sent them for education. According to the agreement, you owe 40% of this. It is money they have asked me for from time to time to cover school expenses. There is a gap in 2011 because I have requested statements from the bank but don’t yet have them. Once I do I am sure they will add to the total.
[And I am supposed to believe that these are school expenses? When I send the kids money on request or just because, it is because I want to. When I buy books or dorm decor or whatever for them that is covered by the agreement, I send him a receipt. He is smoking crack here to think I will fall for this one.]
As you can see, this more than offsets what you claim I “owe you” for support. I also understand you’ve added money you spent for some dental work. In any case, if we go to court I will show that you have also been in contempt of the agreement by not paying your share of these expenses.
[The judge is not going to buy this--his decision not to send me anything for years, and then pulling numbers out of his ass is really impressive.]
I have shown that you owe me at least as much as the amount you’re wanting to dispute in court. To me this makes it even. So I am asking you to drop this immediately. Should you choose however not to do this, here’s what I will do:
1. I currently pay $710/month for Catkid1’s living expenses. I will cease doing that immediately starting July 1. She will have to find the money somewhere else.
2. I will stop paying their cell bills. It will be up to you and them to work out any arrangements to keep their payments current. I can give you logins to the website.
I’m sorry but I have no other choice here. I need your decision by the weekend.
[When pigs fly.]
Cat