Its been a while and I thought I'd stop by and update you on whats happened.
The divorce was finalized in December of 2012 (I have full physical custody of the three boys) and the ex had a garnishment order for $150/wk in CS and $65/wk to pay back all the money she owes me.... She got fired the day before Christmas and I only got one payment of $16.75 (her last little bit of PTO).
Back in April, she filed a petition to have her child support obligation reduced to $0 because she was "unable" to find work.
I countered with a petition to have her found in contempt (for the 3rd time) for failing to pay CS.
Now she is living in a multi-Million dollar condo on lake Michigan in Chicago. After threatening to drag her lover into court to testify, we finally got financial info out of her. The condo costs the lover $17,000/mo!!!!!
Now this is important. She's not working, but because she is living with her lover, half of that cost for the condo can be considered "imputed income". Its like the lover is giving her money to pay her half of the mortgage and expenses.... That would go directly on the balance sheet as income!
She is claiming she is unable to find work (she is a LPN) in Chicago, yet she failed to get an Illinois license when she left the state of Indiana.....
Part of my petition was to have the CS amount raised based on what she should be making as a LPN (I was nice and under valued her income in the initial divorce settlement) plus the imputed income.... I was asking for the CS to go from $150/wk to >$400/wk!!!!
So last month (July) I received two payments of $300 from her.... supposedly she is back to work, but has failed to submit her garnishment order to her employer... I think she was just trying to make herself look good at the last minuet.
So we had court the other day and she shows up wearing an outfit that probably cost more than all the clothes in my closet combined.
The lawyers made their cases and the Judge made his ruling....
He tossed out her petition an found her in contempt!!!!! 30 DAYS IN JAIL!!!!! Now the sentence is suspended so she has a chance to make good and start paying (all the back support has been tacked onto the 2nd garnishment amount). If she doesn't, he said he would drag her in, find her in contempt again and give her another 30 days and would send her directly to jail from the court room!
The judge was PISSED!!!!! He said that if the roles were reversed she would be yelling and screaming about me being a "dead beat dad". He didn't increase the CS, but I think that's because he was so angry at her, he didn't want to make a bad decision about it.
So we will see what happens.