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10-15-2005, 04:27 PM
This is for Utah. I am going to court on Friday. I should have started all the paperwork sooner so I might be in a jam. I am acting as my own attorney. My ex. is behind on child support and alimony in the amount of $32,000. Then he owes and additional $7,700 to the state.
So I subpeoned his bank records and his work records. The bank sent back the subpeona saying I had to have a clerk sign it. Well after they wouldn't sign it I downloaded the rule that says they have to. Got that sent off. The bank called me and there were 2 deposits made, one in July and one in October so I realized this is not his main checking account. I now know the right checking account number but it is too late to send off a subpeona to that bank. Also they notify him when a subpeona comes in so he has time to fight it. I sent the work subpeona off to the wrong work address. I sent the new one to the right address and am hoping that I will get the information in time.
Well what I am asking is my ex. has sent copies of what he made for the last 5 years (not needed) and even his wife's income but has not gotten around to sending this years income. I have no clue why his wife's income was included because that was not requested or can be used. His attorney is trying to get me to postpone this court date to give us time to get everything all together. Mostly I think it is a stall tactic. I am hoping that I will receive his work records because then I can still go ahead. I will make more calls on Monday to get an idea of when I can expect the paperwork.
I am asking my ex be put in jail if he does not pay $20,000 in back child support. I want him to be on work release if there is any way possible. Nothing else worked to get him to pay. He is an independant contractor so we cannot garnish his wages. He started paying $100 about every 2 weeks in the last 2 months because court is coming up. There are 4 children he is to be paying on. He is ordered to pay about $1,000 a month. I have tried every other avenue to collect cs but nothing works. After court he will go back to his old ways.
Three months ago in court the Judge was furious that my ex. made me lose my home when he was court ordered to pay back child support.He was mad that cs is so far behind but his hands were tied because I did not file paperwork. I thought it was a scheduling conference. The Judge said he has no qualms about putting someone in jail at the last court appearance. This Judge does not get mad very easily so it was nice to see he would take this seriously. I felt that if I filed the paperwork and asked for the right things he will help me in court.
Should I continue with this court date? I am going to call his attorney on Monday and say I will ask the Judge to put him in contempt of court for not providing the work info I had asked for. Any other suggestions? I subpeoned his work records so I could tell if he was lying about what he is making. I was married to him for 20 years so I know he is not above falsifying documents if he wants to. He has done it on numerous occasions. Oh I sent the court documents out on October 28th. to the court, his attorney and Office of Recovery Services. Also 2 years ago he took me to court to lower child support and when it finally got before the Judge he dropped the actions. He did not even have a job then. Well neither one of our attorneys had filed paperwork to drop the lowering of the child support so he is now trying also to get child support lowered going back two years. That is what has gotten us back to court this time. He is trying to get the child support lowered. His attorney has told me right after the court date three months ago that he knows he cannot keep my ex out of jail and knows the Judge won't go back two years to lower the child support. I don't think he meant to tell me that. I told his attorney then that I will not back down. My ex. did not come for the last appearance since he lives in Colorado and was not required to at that time. My ex. has done many illegal things (one was taking money out of his works money bag that he was to deposit)and has gotten away with that and so many other things for so many years while we were married because he had children. This is the first time that he will have to 'pay the piper'. I am not trying to be vindictive because that is not right. My problem is I am too nice. His attorney keeps wanting me to negotiate and I am finally in a position where I do not have to negotiate and have all the cards in my hands.
Can anyone give me help and advice. Should I keep this court date? I feel if I can get his work records then I will be ready for court. This is pretty stressful and I really could use some moral and legal support.
So I subpeoned his bank records and his work records. The bank sent back the subpeona saying I had to have a clerk sign it. Well after they wouldn't sign it I downloaded the rule that says they have to. Got that sent off. The bank called me and there were 2 deposits made, one in July and one in October so I realized this is not his main checking account. I now know the right checking account number but it is too late to send off a subpeona to that bank. Also they notify him when a subpeona comes in so he has time to fight it. I sent the work subpeona off to the wrong work address. I sent the new one to the right address and am hoping that I will get the information in time.
Well what I am asking is my ex. has sent copies of what he made for the last 5 years (not needed) and even his wife's income but has not gotten around to sending this years income. I have no clue why his wife's income was included because that was not requested or can be used. His attorney is trying to get me to postpone this court date to give us time to get everything all together. Mostly I think it is a stall tactic. I am hoping that I will receive his work records because then I can still go ahead. I will make more calls on Monday to get an idea of when I can expect the paperwork.
I am asking my ex be put in jail if he does not pay $20,000 in back child support. I want him to be on work release if there is any way possible. Nothing else worked to get him to pay. He is an independant contractor so we cannot garnish his wages. He started paying $100 about every 2 weeks in the last 2 months because court is coming up. There are 4 children he is to be paying on. He is ordered to pay about $1,000 a month. I have tried every other avenue to collect cs but nothing works. After court he will go back to his old ways.
Three months ago in court the Judge was furious that my ex. made me lose my home when he was court ordered to pay back child support.He was mad that cs is so far behind but his hands were tied because I did not file paperwork. I thought it was a scheduling conference. The Judge said he has no qualms about putting someone in jail at the last court appearance. This Judge does not get mad very easily so it was nice to see he would take this seriously. I felt that if I filed the paperwork and asked for the right things he will help me in court.
Should I continue with this court date? I am going to call his attorney on Monday and say I will ask the Judge to put him in contempt of court for not providing the work info I had asked for. Any other suggestions? I subpeoned his work records so I could tell if he was lying about what he is making. I was married to him for 20 years so I know he is not above falsifying documents if he wants to. He has done it on numerous occasions. Oh I sent the court documents out on October 28th. to the court, his attorney and Office of Recovery Services. Also 2 years ago he took me to court to lower child support and when it finally got before the Judge he dropped the actions. He did not even have a job then. Well neither one of our attorneys had filed paperwork to drop the lowering of the child support so he is now trying also to get child support lowered going back two years. That is what has gotten us back to court this time. He is trying to get the child support lowered. His attorney has told me right after the court date three months ago that he knows he cannot keep my ex out of jail and knows the Judge won't go back two years to lower the child support. I don't think he meant to tell me that. I told his attorney then that I will not back down. My ex. did not come for the last appearance since he lives in Colorado and was not required to at that time. My ex. has done many illegal things (one was taking money out of his works money bag that he was to deposit)and has gotten away with that and so many other things for so many years while we were married because he had children. This is the first time that he will have to 'pay the piper'. I am not trying to be vindictive because that is not right. My problem is I am too nice. His attorney keeps wanting me to negotiate and I am finally in a position where I do not have to negotiate and have all the cards in my hands.
Can anyone give me help and advice. Should I keep this court date? I feel if I can get his work records then I will be ready for court. This is pretty stressful and I really could use some moral and legal support.
