Suing ex-wife regarding misappropriation of CS

"Bob Whiteside" wrote in message
ink.net...

"Gini52" wrote in message
...
In article , AMand32385
says...

For many years now, my ex-wife, as it seems other ex-wives have, use a
large
portion of CS to subsidize her own lifestyle. I pay a substantial sum
and with
her supposed "contribution" per FL guidelines, 2 kids are "entitled" to
approx
$2000 per month. There is no way she comes close to providing that
level of
support or giving the kids the kind of lifestyle that amount of $$
could
provide. The $100/mo allowance that I give each kid is actually more
than the
cash she gives them, making them pay for their won cars and their own
car
insurance.

So over the past years she has clearly used funds meant to be earmarked
for the
kids to, among other things, do extensive renovations to HER house,
continually
refurnishand redocorate, and etc etc.

Now I am toying with the idea of taking her to court (on behalf of the
kids
since they are minors) and can show that she did not/has not properly
used the
funds earmarked for them. I wonder if anyone has ever heard of this
being
done successfully???? My idea is to try to get a judgement against her
and
have the court require her to fund some Certificates of Deposit with
funds that
should have been used for the benefit of the kids and to have them
mature
and
go to the kids when they each turn 21.
========
I have not done this but my husband did have a FL case and I dealt with
DOR for
about 10 years. FL statute does "prohibit" CPs from using CS for their
own
expenses--but, in all the FL case law I have read (and it has been
substantial),
I heard of only one case where sanctions were put on a CP for misusing
support
and that was the ex of a professional baseball player where the amount
of
support was huge. In our case, we paid 1200 a month and the ex submitted
a
financial affidavit claiming $300. in direct expenses for the one child
she then
had in her custody. The affidavit was replete with her personal expenses
which
were way out of line with her income so it was quite clear the support
was
being
misused. The judge never even looked at it. They simply do not wish to
become
entangled in trying to make sure CPs spend the money on the kids. That
said, I
don't know what county you are in but there are more father-friendly
judges in
the 5th Judicial District. If you are in the northern district (1st
Dist.
CoA),
you're probably out of luck. What county are you in?As an exercise in
justice, I
would certainly like to see you bring a petition requesting
accountability
based
on the statute. As for asking the judge to order the CS be used for
savings,
etc., I'm sure the response would be that he/she doesn't have the
authority to
order that (he doesn't). There would be some very interesting
constitutional
questions if you could get the case into the federal courts, though and
there
are very credible class action arguments. Please let us know what you
decide to
do (and if you need some "class members" :-).
===
===

The baboons in black robes have a track record of turning issues fathers
raise in family law court back around on them.

I can just hear it now - "Your suit is not timely, so I am not going to
hear
it. If there were issues about how your child support money was being
spent, you had an obligation to alert the court to that fact years ago.
Because you waited until now to file this suit, it suggests you are only
seeking to harass your former spouse. I am directing the lawyer for your
ex-spouse to prepare an order to that affect for my signature and I am
awarding her attorney fees for defending against this frivolous action."

So IMO - I wouldn't try to press this kind of legal action. It's sad but
that is how fathers get treated when they try to raise legitimate issues.
==
Bah, Humbug!
==

AMand ...
You're a day late and a dollar short, my friend. You shoulda been on
this case a very long time ago.


nm

AMand ...
You're a day late and a dollar short, my friend. You shoulda been on
this case a very long time ago.


nm

The baboons in black robes have a track record of turning issues fathers
raise in family law court back around on them.

I can just hear it now - "Your suit is not timely, so I am not going to hear
it. If there were issues about how your child support money was being
spent, you had an obligation to alert the court to that fact years ago.
Because you waited until now to file this suit, it suggests you are only
seeking to harass your former spouse. I am directing the lawyer for your
ex-spouse to prepare an order to that affect for my signature and I am
awarding her attorney fees for defending against this frivolous action."

So IMO - I wouldn't try to press this kind of legal action. It's sad but
that is how fathers get treated when they try to raise legitimate issues.



I can relate to the OP. I paid my CS on time, and when I got laid off,
and got a new job at lower pay, I thought about applying for a reduction, even
though I only had 12 months left to pay. I had heard all the horror stories
about what a waste of time it is, since the "baboons in black robes" (I like
that phrasing) ignore the law and just screw the dad.

But I had an "integrity" issue with paying the CS to someone who did not
deserve it (the ex). I was tormented by this injustice, and decided to "roll
the dice", and started feeding myself into the gears of the CS system, planning
to scream loudly to any who would listen, as the gears ground me up into
soylent green for the Morlocks to devour. I imagined screaming obscenities at
the arrogant fool judge as he denied my request. And yes, the usual thoughts of
shotgun blasts, blood, mayhem, etc., that abused and ripped off people have.

The final result of the ordeal was positive, however !!! I did get my CS
reduced. But the only reason I did, I think, is that my ex actually agreed to
it without a court hearing !!! What a surprise that was. Maybe she was afraid
of showing her tax returns, who knows. The ex told me that the feminazis at DR
were telling her I would never get the CS reduced, and that she should not
agree to it. At the same time, they were taking my $25 filing fee and telling
me that I WOULD probably get it reduced.

After a lot of bureacratic foulups caused by DR, I finally have my CS reduced
by about 25 % ( even though my salary was reduced by 75 %).


To the OP, I hope you do file the lawsuit, just to add fuel to the fire of our
"resistance movement", but I think you are bound to get one of the "baboons in
black robes" to deny you your morally deserved victory.

L

The baboons in black robes have a track record of turning issues fathers
raise in family law court back around on them.

I can just hear it now - "Your suit is not timely, so I am not going to hear
it. If there were issues about how your child support money was being
spent, you had an obligation to alert the court to that fact years ago.
Because you waited until now to file this suit, it suggests you are only
seeking to harass your former spouse. I am directing the lawyer for your
ex-spouse to prepare an order to that affect for my signature and I am
awarding her attorney fees for defending against this frivolous action."

So IMO - I wouldn't try to press this kind of legal action. It's sad but
that is how fathers get treated when they try to raise legitimate issues.



I can relate to the OP. I paid my CS on time, and when I got laid off,
and got a new job at lower pay, I thought about applying for a reduction, even
though I only had 12 months left to pay. I had heard all the horror stories
about what a waste of time it is, since the "baboons in black robes" (I like
that phrasing) ignore the law and just screw the dad.

But I had an "integrity" issue with paying the CS to someone who did not
deserve it (the ex). I was tormented by this injustice, and decided to "roll
the dice", and started feeding myself into the gears of the CS system, planning
to scream loudly to any who would listen, as the gears ground me up into
soylent green for the Morlocks to devour. I imagined screaming obscenities at
the arrogant fool judge as he denied my request. And yes, the usual thoughts of
shotgun blasts, blood, mayhem, etc., that abused and ripped off people have.

The final result of the ordeal was positive, however !!! I did get my CS
reduced. But the only reason I did, I think, is that my ex actually agreed to
it without a court hearing !!! What a surprise that was. Maybe she was afraid
of showing her tax returns, who knows. The ex told me that the feminazis at DR
were telling her I would never get the CS reduced, and that she should not
agree to it. At the same time, they were taking my $25 filing fee and telling
me that I WOULD probably get it reduced.

After a lot of bureacratic foulups caused by DR, I finally have my CS reduced
by about 25 % ( even though my salary was reduced by 75 %).


To the OP, I hope you do file the lawsuit, just to add fuel to the fire of our
"resistance movement", but I think you are bound to get one of the "baboons in
black robes" to deny you your morally deserved victory.

L

Maybe she thinks it is best that the kids pay for their own cars and car
insurance to teach them some responsibility.

At least she isn't teaching them to misappropriate funds like she is doing.

Maybe she thinks it is best that the kids pay for their own cars and car
insurance to teach them some responsibility.

At least she isn't teaching them to misappropriate funds like she is doing.

o maybe just be thankful that she does provide the basics of life.

Sounds to me like DAD is providing more than the basics and mom is enjoying the
free ride.

o maybe just be thankful that she does provide the basics of life.

Sounds to me like DAD is providing more than the basics and mom is enjoying the
free ride.

teach them some responsibility

My parents were not divorced, but my mom passed away when I was 13. When I
turned 18 and went to work my dad charged me "rent" to continue to live in his
house. A few years later when I was ready to move into my own apartment he
gave me that rent money that he had put into a savings account.

My dad was a very clever man. He taught me the value of money without putting
any of it in his own pocket.