Extremely Frustrated, Need to Vent! May have to change trip AGAIN!

[Tinkerbell_n_neverland]

I need to vent, and I need advice!!! I'm not sure what to do in this situation!

 

[tlh0726]

First make sure that you are documenting everything. Who was present, what was said, kids reactions, etc etc etc. You never know when you will need this information in the future.
As for this situation
Contact a lawyer, see if he can delay these proceedings (normally they can come up with some type of reason and you would still be able to go on your trip) I would also check into the possibility of countersuing her for expenses especially since this is not the first time nor will it be the last time that she has done this. If she loses the case, then she should be responsible for paying your expenses.
I would also see if the lawyer would be allowed to submit to the judge the past instances and results of those. Normally a judge can give people a pretty stern warning about ever appearing in court again over such nonsense.
As for the kids, it is a shame that she is doing this to them. Is there a court ordered child custody agreement that spells out what days, times, etc that he is to have the children? If so, by law (at least in my area) she cannot deny him those days. All he needs to do is call the police have the document to show them and she has to allow them to go with him, otherwise the police will take her into custody for not following a court order. (have seen it happen)

Any chance of getting custody from her?

 

[Tinkerbell_n_neverland]

Thanks for advice..

 

[Disney1976]

If the hearing is coming up soon, and your attorney just got hired, they may be able to get the date rescheduled -but they will likely also have to show that they tried to coordinate a new date with opposing counsel, too. You have to have grounds before you can move the date.

You mention that the ex constantly brings your DF into court over unpaid medical bills but then can't produce them. If that's the case, has your DF discussed with his attorney bringing a motion for sanctions/attorney's fees against opposing counsel for filing a baseless/frivilous action?

In Florida, it's commonly called a "57.105" action, and it scares attorneys to death! Brining a claim in bad faith, a baseless action, or frivilous action can result in an attorney paying court costs, attorney fees, and fines, and possibly being reported to the bar, depending on how ticked off the judge is.

At the very least, I think the judge needs to probably be made aware of (if they aren't already -here typically the same judge assigned to the case originally will hear all the new motions) the abuse of process. I don't think it's too much to ask that before DF pays 50% of a medical bill, he get a copy. Plus, the ex is clearly not trying to communicate with her former spouse. I used to practice family law, and judges here HATE that.

Good luck.

 

[Kenenitz]

((( hugs))) I am sorry that you are having such a hard time with the trip and the DBF's Ex. I agree with the poster above, disney1976, Find out if anything can be done withthe lawyer for briging up all these frivolous lawsuits.

My friend's husband was going through something similar. I beleive that they were in court over 5 times in one year over nonsense. Eventually they had a "contract" set up. I believe she could only pursue additional money for expenses ONCE a year ( with exception for expenses above some larger amount like 5 grand per incident) She would need to submit all receipts to her domestic relations office and the enforcement officer would have a meeting with her and then decide the agreeable amount. That total would be added to his child support. He would have one year to submit the additional money that was tacked on. If she violated it in any way, she would be held in contempt.

She stopped her nonsense pretty quickly. HTH

 

[ilandrazdsw]

I am so sorry that you, your DBF, and kids have had to go through all this! Great news about changing the date though...a much needed vacation.

I know this situation is in NO WAY funny, but I always like to try to bring a laugh. reading your post this woman reminds me of Judith from 2 and 1/2 Men and the eposide that she keeps giving Alan bills for things (for Jake) that were already covered in the child support (med bills, shoes). When he says he won't pay she threatens to call the lawyer. Maybe the Ex needs to stop watching that show...hehehe.

 

[momtoBrandon&Jacob]

I need to vent, and I need advice!!! I'm not sure what to do in this situation!

My DBF (who would be my husband by now if we hadn't gone through such rotten divorces... we've decided to give it a full decade before deciding if re-marraige is the right way to go...) is being sued ONCE AGAIN by his ex-wife . I think we are on 10 times and counting now. Its all petty, and she just keeps bringing him back to court over and over again. Its usually over a doctor bill for one of the kids... she's been asked numerously to provide proof - *which she never comes up with* - and his portion will gladly be paid.. but we always seem to end back up in court a few weeks later. She is a very mean person, and could care less about the stress she is putting on her ex-husband and how it is effecting their 2 children. He has another court date in 6 days. Hes had to hire a lawyer to defend him - and there goes the Christmas money he had saved up for the kids. She also refused to allow him to have the children on Father's day, and on Halloween this year (his visitiation days), and told the 2 children not to bring home anything that has TINKERBELL on it (I LOVE TINK) because "it reminds her of Daddy's girlfriend and she "Hates" Tinkerbell" (she said this to a 6 year old and a 9 year old). We had a birthday party for the 6 year old, my father bought her a pair of Tink PJ and the 6yr old cried and said she didnt want them because "Mommy was going to be mad!!!" . The head games this woman plays in UNBELIEVEABLE. And we're not dealing with a child... shes almost 43 Years Old!!!! And to make matters worse.... my main frustration in this issue.. DBF's Christmas gift from me.... airfare and a trip to WDW. We found out today his court date falls in the middle of the surprize trip he knows nothing about !!! I have to change my trip now... if thats possible!!! Im so angry because it seems like everytime I plan something the ex ruins it with a court date! Even my WDW trip!!!!! I dont know what to do, I stay out of these things and try not to get involved with this, but its really starting to take a toll on my DBF and his 2 daughters. its even taking its toll on me because I'm so worried about him. I feel like hes a sitting duck and she's ready to pull the trigger at any moment. He has called and is waiting for a response from his lawyer... but has anyone ever had to deal with a sue-happy ex-spouse??? Isnt there a law or something that says you cant sue someone over and over again like this??? What would you do if you were me??? What about the trip I planned???? Please... advice and experience if you have anything to offer. I just dont know what to do anymore!!!

Since you asked - my advice is to RUN - RUN quick and far. I could never live like this with nothing but stress and bitterness and all that ex-wife baggage.

 

[Crystal824]

You should be able to get the hearing moved. Opposing cousnel will have to consent and most consent at least once as a courtsey especially since you already had the trip planned prior to this hearing.

 

[Tinkerbell_n_neverland]

 

[Crystal824]

Great. I hope your trip and surprise go well.

 

[dis-happy]

Glad it got moved!

Here's a thought: can't your dh get copies off all the medical visits and receipts from the doctor's office himself? He's their father and should have access to their medical records, especially if he is paying.