Court Update: First, all documents I received indicated my hearing was to be at 1555 6th St., in San Diego, we get there 50 minutes early, parked just across the street. Find out by 8:40, for a 9:00 hearing, that my hearing is actually at 220 W. Broadway, in Superior Court!! WTH?? So, we make it in time, I meet w/my attorney. The Judge is a new Family Court Judge, after being a Criminal Court Judge. Maybe, thats a good thing. His is considered an Overflow Court, there are 5 other cases to be heard, we are saved for the last. The Judge remarks that mine is an old case. Yes, it is. I am told that ordinarily, if the Respondant doesnt show up or attempt contact with the Court, the Plaintiff kind of is assured victory. Not so fast. Was he properly notified?? Yes, he was. Did he attempt contact?? Yes, but not until the week before our hearing. He had over a months notice. Both I & our son took off from work to attend. We were there!! But, the Judge seems to be sympathetic to the Respondent, who ignored his order to appear, submit paperwork, etc., yet, He was concerned with whether the Respondant has sufficient assets to cover the $65,000. owed. WTH?? Why would a Judge be concerned whether the Guilty Party has sufficient assets to cover what they owe & whether a Judgement s/b rendered?? Omg!! The Judge actually stated that he didnt want to force the sale of his house & then render him homeless. Funny, & not haha....my ex didnt give a crap whether I or his son were or ever became homeless ourselves but now, we s/b concerned for him?? After 25 years of nothing, Im supposed to feel for him?? WTH?? He now wants info from me, regarding my exs assets!! Im to find out if there is a Probate Case filed in the County in which he lives in. WHAT?? Im to submit info on how much his house is worth. What??!!?? Since he didnt show, we went off the record for 15 minutes while the Court attempted to call him to ask why he wasnt there. I have had no contact for 10 years but, I do have a cell phone number. First, my lawyer called his sister to get his number. Then, the Court called the number she gave. It was Wal-Mart!! So, I look up the number I have...its the same that his sister gave but, instead of the prefix being 377, I had 344....interesting. The Court calls. No answer. I asked if the caller ID w/say San Diego County Superior Court. Yes. Well, no wonder hes not answering. The Judge actually asked me why would his sister give the wrong number?? I stated, the same reason his family has been helping him hide his assets for the last 25 years!! and, this should tell you all you need to know about this family!! In addition to my CS arrearages, were asking for attorneys fees, too. My last Court Order states if I EVER had to come back to Court over CS, I was to be awarded attorneys fees. My attorney charges $350./hr which is the prevailing rate....the Judge asked my attorney her qualifications that enable her to be able to charge that rate?? She told him, in her 18 years as a San Diego attorney, she has NEVER been asked to explain her hourly rate while requesting attorneys fees. But, she complied & her qualifications are incredible plus ours was/is a complicated case, with necessary, extensive research. In addition NOW, the Judge increased my costs by requiring us to do a asset search of the non-custodial parent, instead of making him comply w/the Income & Expense Declaration!! Incredible!! So, we have a continuance until July 9th...to comply with his requests before he will order attorneys fees. But, he did render Judgement on my CS arrearages, & I was awarded $65,000. in principal & interest. He did not assess a penalty. My sons take on the Judge was that his Father could ignore a subpoena, not follow ANY court orders, EVER. But no worries! Why bother when you can ignore the Courts order & get this Judge to become essentially his attorney for him!! We complied with every single requirement, & we still have hoops to go thru because every benefit of the doubt was given to the absent party. But, I do have a judgement. My attorney said next court date, her fees w/b higher due to additional work she is being required to do. She was livid!! But....this is my continued abuse by the San Diego County Courts!! This has been going on since 1981 and the primary reason I gave up for 20 years. I was told much had changed since my experiences. Unfortunately, based on yesterdays proceedings....apparently not for me!! To add insult...the asshole ex now claims not only did he make his CS payments religiously but...he overpaid by $5,000. & now wants to go after me!! Claims he paid Revenue & Recovery EVERYTHING....& since they revamped the Department, they have lost his records. Well, IF that was the case....why didnt he bring his proof to the Court, or call, or fax the info or ?? I wouldnt be surprised if they require me to show proof of what I received!! Smh!! So, he then calls my attorneys office & states there is no money, no inheritance, the house is in a Living Trust. He is on Welfare, uses Food Stamps, is trying to get SS Disability. Hasnt been able to work since 2000. But, hes also a Master Carpenter, Master Mechanic & has been working under the table/cash money in order to hide his income for 25+ years!! His parents helped him do that before they both passed & now his sister is helping him. But, I came home & started doing my research & I now have the name of the Estate Attorney...once that Attorney is contacted & informed we have a Judgement....now its going to be held up until the Court determines what his inheritance proceeds w/s be. But, I DID get a Judgement....& I guess I won. Interesting, though....it doesnt seem like it. I feel abused, all over again!! Obviously, my day in court while somewhat successful sure felt like the ex still was given consideration. Next court date my son wants this Judge to know the history. If hes going to give consideration even though the FACTS speak for themselves, then he MUST know the history, too. I agree but doubt well be given that same consideration.
Posted on: Thu, 29 May 2014 17:36:59 +0000