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Divorce/Separation Post Reply     Print Topic    
User Topic: Bounced child support check...right before mediation
teeghan
♀ Member
Member # 40859
Angry  Posted: 10:46 PM, April 29th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

We go to mediation next week. He has supervised visits with the kids and breaks our TPO any way he can. He is in arrears in payments and just bounced a check. My bank app notified me at 9pm tonight it was returned.

Last two visits my son has came back with MAJOR injuries that I was not told had happened when the the ex inlaw dropped them off. My son had to tell me and I had to take him to the ER both times. Sent the reports to my lawyer.

WE just filed contempt for the child support, tpo violations, stalking etc on Monday. Now the check which is over %500 and in my state a FELONY bounced. I was reading and it says in the rules for our county that I can go after him CRIMINIALLY and I can sue civil too and get punative damages twice the amount of the check up to $500. Check was for $575

But my question - wonder how this will look in mediation? I have never been to mediation.... but I know he has a LOT stacked against him including cruelty to kid charges, battery charges on me etc.... NOW bouncing child support checks too and injuries to my son with no concern to seek any medical attention when in his visits with his parents as the supervisors which is SO not working.

Can the mediator pull any visits or make him have supervised visits through the court system? I know that should be a question for my attorney but they are in trial this week and hard to catch them and I cant sleep because I am so mad....so i thought I would ask here......

He is a TRUE monster and has NPD and is a socialpath as well..... I really will be glad when this is all over..... SIGH......


Posts: 111 | Registered: Oct 2013 | From: Georgia
betrayedfriend
♀ Member
Member # 19785
Default  Posted: 11:16 PM, April 29th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I'd go after him legally. Get the judgement and get his cs garnished through the state. That money is your children's, so no question in my mind about it. As far as the injuries, document and request an emergency hearing with no visitation until certain stipulations are met...eg parenting classes, and first aid training... Maybe you can request someone other than his parents supervises.


I originally joined SI as a way to help my best friends find ways of coping with infidelity, but now infidelity has touched my family much closer to home.

Posts: 868 | Registered: Jun 2008 | From: Midwest USA
teeghan
♀ Member
Member # 40859
Default  Posted: 11:22 PM, April 29th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I WISH I could do garnishments but he owns his own business and hides money very well. Thus why they set my child support @ $1150 per month because he can not and will not prove his income EVEN to his own attorney who hates him. His own attorney admitted to my attorney that he hates his client and he is a snake in the grass. And yes he is more than a snake in the grass.

I am so going after him criminally but it says I can ALSO do civil at the same time - both letters can be sent in SAME envenlope - so I will be seeking BOTH just to show little mister smart pants that I am tired of being pushed over.

I am requesting no visitation right now beccause he still mentally abuses the kids and has started to physically do the same to my son the last two weekend over nights..... :(

I just was wondering how mediation really works since I have never been and quite nervsious......


Posts: 111 | Registered: Oct 2013 | From: Georgia
courageous
♀ Member
Member # 34477
Default  Posted: 6:20 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Mediators just help the two parties come to agreement. They do not determine visitation or anything else.

It will not matter what evidence you bring in the mediator doesn't determine any outcomes.


Me: BW (35)
Him: ExWH (31) EA/PA with MOW coworker
Married 9 years, 2 small kids
dday 3/12/2011 divorced fall 2012

My ipad does a lot of crazy typos.


Posts: 652 | Registered: Jan 2012
confused615
♀ Member
Member # 30826
Default  Posted: 7:01 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

He abused your son the last two times he had him..to the point of major injury and needing to be taken to the ER?

Im so sorry.


BS(me)42
FWH 45
4 kids
M: June 2001
D-Day: 8/10/10
Status: Reconciling?

..that feeling you get in your stomach, when you heart's broken. It's like all the butterflies just died.


Posts: 7756 | Registered: Jan 2011 | From: Indiana
jjct
♂ Member
Member # 17484
Default  Posted: 7:27 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I arrived at my mediation an hour early.
Parked and took a xanax.
Walked in to; "You're a little early aren't you?"
Me; "I want a separate room."
Him; "Why?"
Me (screaming in my head - "Because I WANT ONE DOUCHEBAG!); "I don't want to face my abuser."
He - something flickered in his eyes - said; "Come this way."

Later, the mediator (a different guy) kvetched about the separate rooms, saying it would take longer, it's more difficult this way, etc.
ME - I'm sorry, I don't intend to be difficult, and REPEATED - I don't want to face my abuser.

PERIOD.

I WON my little battle, and I was NOT going to give up that hill.
My L arrived a little later - yes, have your L present! He didn't like it either, but whatev buddy here's some $$ - yaknow?

I did not see her. At all. Worked out just fine n dandy.

You CAN HAVE your toughest, strongest mofo ally present too - just in case the abusive fuck gets out of hand.
Gawd what a monster (((teeghan)))
Praying, sending boatloads of strength!


Posts: 6684 | Registered: Dec 2007 | From: texas
Gemini71
♀ Member
Member # 40115
Default  Posted: 8:25 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Uh, yeah. Press charges on all counts.

Not sure why you are doing mediation. It's usually for situations where the parties are willing to negotiate. You shouldn't have to give in on anything. He is truly a monster.

At least you'll see your lawyer at mediation and can ask about pulling his visitation etc. Good luck.


Edited to correct stupid typos.

Two steps forward and one step backwards, is still progress.


Posts: 1879 | Registered: Jul 2013 | From: Illinois, USA
nowiknow23
♀ Guide
Member # 33226
Default  Posted: 8:43 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Some places require meditation, Gemini. My state requires at least one session.

Teeghan, the mediator doesn't have standing to act on the bounced check or the visitation. Their job is to get two parties to compromise and come to agreement on as many issues as possible outside of court. You can certainly go into meditation with the position that you want no overnight visitations and third party supervisors other than his parents. Monster won't agree of course, so that topic will end up being decided in trial.

((((Teeghan and kiddos)))))


You can call me NIK

"If you carry joy in your heart, you can heal any moment."
- Carlos Santana


Posts: 25850 | Registered: Aug 2011
SeanFLA
♂ Member
Member # 32380
Default  Posted: 8:43 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

There's no law that says you have to do mediation. Courts like it because it helps cut down on the huge backlog of divorce cases they have to review. Some judges order it if both parties seem amicable and non-threatening to the other. If the judge sees potential problems (like you certainly have) he will preside over the case. Mainly due to any child abuse occurring. The courts will consider the children first EVERY TIME.

Sounds to me the only people mediation will do good for is the $ the mediators and your lawyer are making off you two. Bounced checks and child abuse?....really? Wages need to be garnished and child protection needs to be put in place. Skip mediation altogether and get in front of a judge already. I feel badly for your child as no kid should be put through that. Your child is looking to you to help him.


BS(me) 48
WW 46
1 son 14 yrs old
Married 18 yrs, together 21 yrs

"You never know how strong you are until being strong is the only choice you have." ~ Bob Marley


Posts: 1470 | Registered: Jun 2011 | From: Zombie Land
peacelovetea
♀ Member
Member # 26071
Default  Posted: 10:35 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I wouldn't do anything until you have consulted the attorney, but if s/he says you can, nail his balls to the wall.


BW, SAHM
D-Day: 6/5/09, drunken ONS on business trip, confessed immediately, transparent, remorseful but emotionally clueless
M 11 years, 3 kids
4/12 Tried to R for 3 years, have decided to D
12/31/12 D final

Posts: 542 | Registered: Nov 2009 | From: PacNW
Kajem
♀ Member
Member # 36134
Default  Posted: 11:06 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

Teeghan, a side note, if his business deals with any govt contracts. He has the potential to loose those contracts. The federal govt is auditing the businesses they use for CS arrears. If they exist the Feds pass up that business for the next bid.

That little tidbit slipped to XH, (and I'm sure confirmed) and he never bounced a check to me again!

You can have CS go thru the state CSE, he has to pay them, they pay you. It doesn't matter if he is self employed or not. The difference is CSE has the ability to act on his arrears faster as they don't need you to file a complaint. If his arrears are a certain amount, CSE can garnish his tax refunds. All things to ask your attorney about.

Good luck,

[This message edited by Kajem at 11:09 AM, April 30th (Wednesday)]


I trust you is a better compliment than I love you, because you may not trust the person you love, but you can always love the person you trust. - Unknown
Relationships are like sharing a book, it doesn't work if you're not on the same page.

Posts: 5333 | Registered: Jul 2012 | From: Florida
sparkysable
♀ Member
Member # 3703
Default  Posted: 11:30 AM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

I don't think it is going to be possible to mediate with this guy.


D-day OW#1 2/2004; R for 6 years; D-day OW#2 5/2010

Marriages that start this way, stepping over the bodies of loved ones as the giddy couple walks down the aisle, are not likely to last.


Posts: 3429 | Registered: Mar 2004 | From: NY
Chrysalis123
♀ Member
Member # 27148
Default  Posted: 1:13 PM, April 30th (Wednesday), 2014View ProfileEdit MessagePrivate MessageHomepage

There's no law that says you have to do mediation.

My state requires one session of mediation before divorce and 1 session for post decree issues.

I am dealing with NPDx. He doesn't mediate, he talks in circles, he is an ass and wastes time. Mediation with your lawyer is expensive because you are paying for the lawyer and the mediator. You can walk out at any time. Nothing can be used in court against you either.

Only do this with him if you are required to by law. It will be much more effective and better for your mental state and pocketbook to have the lawyers go back and forth IMHO.

Also, trust me on this, ask for CS to be garnished thru the state. Let the state tell you its impossible. Not having him jerk around the payments was a huge benefit. Plus the state is keeping the records, and finally they have nifty penalties for noncompliance that are very unpleasant.


Donít get to the end of your life and find that you lived only the length of it; live the width of it as well.†

Posts: 2729 | Registered: Jan 2010
Topic Posts: 13

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