Thursday, September 22, 2011

Here We Go!

Well, to start off, I feel like a zombie. I drove 7 hours south, stayed in a hotel, got hit on by some guy working @ Starbucks, went to the hearing, hung with Carley for a couple of hours, then drove 7 more hours home. It was 12:30 by the time I got home last night.

What happened to the days when we would go out drinking on a Tuesday night, get home around 3am, and go into work the next day without even feeling tired??? This whole "getting old" thing is for the birds.

Anyhoo, I know you all want me to stop babbling and tell you how the hearing went.
I'll get to that.

First, though, I need to establish something. I'm tired... that means that whatever I write may or may not make sense. Seriously. It's taking forever to even type this much because my brain doesn't seem to be sending the proper signals to my fingers. Grrr...

So, here we go:

First, we were able to work out the kinks of what I actually owed in back child support. The State finally recognized what had been paid. I will not claim that I am perfect. I was extremely broke after the divorce, and so I freely admit that I had missed a few months, and didn't pay the whole amount for some months. I have no problem admitting that I owed something. My problem was that they claimed I owed a LOT more that what I actually did. So, we came to a number that Tim and I could both agree on.

Next, they looked at my financials and his, and the Judge crunched some numbers...
DRUMROLL, PLEASE...
My support is reduced by $180/month.

It isn't what I wanted, but let me explain further. My lawyer had come up with a lower number, using what is called the "20% rule." For those that are unfamiliar, the 20% rule says that if I have Carley at least 20% of the year, then my child support is drastically reduced. Well, last year, I did have Carley that much. Unfortunately, my ex was less than cooperative about summer vacation this year.

(If you ask him, he'll claim that he cooperated freely.)

Here is what happened... I asked if I could have Carley all summer, with the exception of the 2 weeks she always spends with his Mom in Tennessee. I have absolutely no issue with making sure his Mom gets Carley during the summer, even though he has NEVER made an attempt to help Carley see or even talk to anyone in my family. So, he responds with "Yes, you can have her all summer... Except for this date, and this date, and this date, and this date. She has to be in Florida during those times."

I had no idea why she had to be in Florida for those dates, but I obviously didn't have the money to drive back and forth to Florida countless times, especially if he refuses to meet me even part of the way. So, my only option was to choose the longest time period that he gave me, which was 10 days. I was told that she HAD to be back to Florida by July 31st because they were going to go on a "family vacation."

Carley told me all about the cruise they were all going to take. So, I made sure she was home on the date told to me. Turns out that they never did go on that "Family Vacation" and I was never called and told that I could keep her longer. They just allowed me to bring her back on the agreed date. So, she sat at home for the next three weeks, waiting for school to start, when she could've been up here with me for those three weeks.

So, because I did not get Carley for enough days this past year, the 20% rule does not apply to me, thus the higher child support amount.

They did remove Ashleigh, but only pro-rated her back to February of this year. When she graduated high school, I contacted the State of Florida and asked them what paperwork I had to file and whom I needed to file it with.

Maybe I seem stupid to a lot of people, but I have literally NEVER had to deal with the legal system. The worst thing that I've ever had happen is that I got a speeding ticket once. So, I am completely lost/clueless when it comes to filing official documents, especially from an entire state away. If you walk in somewhere and say, "I need to file this," they will look at it and tell you where you should actually be. When it gets mailed to the wrong department (same building), it just sits in someone's box for months.

So, I attempted to file the documents regarding Ashleigh graduating way back in August. But, they weren't filed correctly until February.

One final thought. Tim did try to throw me under the bus by bringing up my part-time job. The judge asked me, and I explained that I had gotten it in order to pay the lawyer. I told her how much money I made, and that the State of Florida is aware of it, because they've been taking money from those checks as well to send to Tim. She told me that I needed to quit the job, or they would consider that as part of my income and I would have to pay more. So, I will be quitting my Michael's job as of today. I hate not giving a 2-week notice, but I am not about to give him the opportunity to increase my support.

I guess things didn't go as well as I'd hoped, but I am still happy. The fact that they never aknowledged the support that had been paid really bothered me. So, that's a weight that's been lifted.

Plus, with the extra $180/month, I can set that aside and actually SEE CARLEY MORE OFTEN!!

That right there made all of this worth my time.

4 comments:

  1. I feel your pain! In Michigan because the people who know how and where stuff has to be filed cannot give "legal advice," they don't tell you. So I can be in the building with the right paperwork, filled out properly, and not be able to file it because nobody is allowed to tell me where to go. RRRRRRR. Good news you are able to get the amount reduced and the amount owed changed!

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  2. I don't work in family law or anything, but when it comes to the legal logistics of things if you ever need help with where things go, or locating the documents / phone numbers / addresses you need please feel free to ask me!! If I can't give you a for sure answer, I can definitely get ahold of someone who can answer it for me :) I am glad that the state finally recognized the fact that you ARE trying! That is WAY more than most parents paying child support can say -- I myself am a child of a parent who still currently owes $6,000 and I am 22!! I'm sorry to hear Tim is giving you such a hard time when it comes to Carley but as she gets older, whether he likes it or not, she's gonna start having a little more say in how often she sees you (and how often she bugs him about seeing you). Chin up ma'am! you're moving in the right direction and handling your business as you should!! :)

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  3. Emm, I'm sure I'll be in contact with you for some info in the future. I just feels really good to be moving in a positive direction. Between this, and paying off one of our large bills today, it's turned out to be a pretty good week. :o)

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  4. Geez, that man takes douchebaggery to new heights.

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