Tuesday, December 20, 2016

Court - Modification Hearing

What a long day.

I had to report to the Orange County Superior Court today for my child support modification hearing.  After learning approximately how much money Rick was making (back in October) DCSS filed a modification request on my behalf.  Since then, Rick told me he was "laid off" and (didn't tell me that he) subsequently went onto "Family Medical Leave" via the Family Medical Leave Act (FMLA.) For Rick, this meant paid time off because of the baby his wife had in September.  How nice for him.  The DCSS began receiving the garnishments from his FMLA earnings last week (except they read as disability payments) and here we are.  So when I arrive and speak to the DCSS Legal Dept rep, she tells me that his FMLA benefit is supposed to be ending yesterday (no verification) and he is claiming NO INCOME.  Oh my.  What a blindside.  "Do you want to just keep the amount the same?" she says. My response was "No.  I would really like to get him in front of a judge."  Even though I was taking the risk that the judge would lower the monthly amount, I knew I had to make my case visible for the future.  I knew that (regardless what happened) the likelihood is that Rick is NOT going to pay whatever amount is being ordered.  At least if we were to see a judge today, the ball would be rolling.  I could always go back once he gets a job.  And he will get a job.  He always does, eventually.

So, I was frustrated and stressed out and angry...  So I went to the Block to eat some lunch and calm down during my two hour break.  Of course I see Rick there, pushing the baby stroller.  Then I head directly to the bathroom - and end up seeing his wife and her daughter there.  Oh my.  I bit my tongue.  I was so annoyed.  "I hope you're proud of yourself!" I thought "Trying to get out of supporting these six kids!"  But I said nothing.  No eye contact.  Nothing.  They left immediately, I'm pretty sure she skipped the drying her hands step as soon as she saw me.  Lol.

During lunch I just tried to calm down.  I talked on the phone a bit and tried to organize my thoughts into the points I wanted made.  I scribbled notes and ate a sandwich.  It worked.  I was definitely more calm.

Sitting in front of the judge was nerve-racking.  I tried to keep my mouth shut.  Only speak when spoken to.  Answer questions when you are asked.  (Honestly, I was a bit unsuccessful.  At the end the DCSS lawyer had to tell me "I didn't ask a question."  Ooooooops!)  Anyway, most of the points that I wanted to get in, got in.  And finally, the judge made her order - $2388.  WHAT?  That's AWESOME!  She set the amount based on his FMLA, which is lower than his potential income, so if he goes back to work, we can go back for another modification.  Of course, right now, all that really means is that the amount he ISN'T paying will go up, effective November 1.  Hopefully he goes back to work soon.

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