sis's divorce

October 09, 2008 at 6:42 a.m.

One of my readers asked about how Sis's divorce went. Thanks for asking, Margie!

I figured that some of the drama would settle down after Sis's divorce. It has merely shifted gears.

The judge was fair. Extremely fair, I thought. Sis was awarded everything she asked for and then some.

The judge asked her if the house held any sentimental value for her. She had to dig deep to answer. When she spoke, my Dad teared up. She said after much thought, that no, the house was not sentimental to her. It would only hold thoughts of what could have been and what should have been and that she wanted to embark on their new life without any bad memories.

The judge ordered the home be sold and the money be used to pay off all debts that the ex incurred in HER name. Yes, he'd had all the mail redirected to his new address in another state and had opened several credit card accounts in both their names since he'd left her. The judge was not happy about that and mentioned that it borderlined fraud.

The ex was not happy about that at all. He mentioned that the house held a great deal of sentimental value for him and that he didn't want to have to sell it.

The judge asked him if it was so sentimental, why did he move out? He said he was leaving his wife and had no choice. The judge pointed out that Sis was living with my parents for well over a year. Why did he move out of the house when she didn't even live there anymore? He said it was because of work. Then the judge reminded him that he was collecting workman's comp. Why, if he was not working, did he move? He didn't answer. The judge ordered them to sell it and pay off all debts incurred in Sis's name.

The ex asked about his own debts. The judge said "what about them?" He asked could he use the left-over money from the sale of the house to pay his debts. The judge said no. After paying off Sis's debts, she is to receive all left over monies.

Let me mention this. One credit card he got in her name after he moved has a balance of $9267 as of yesterday. His minimum payment on that card as of yesterday was $750. WTF???

We really didn't think the judge would award child support because the ex is receiving workman's comp (from a 'planned' injury to his back). I say 'planned' because several of his old co-workers have come forward to my Sis to tell her that the ex had said if he managed to get injured, he wouldn't have to pay child support. How sick is that?

The judge did award Sis child support to be paid by the 15th of every month. The judge also told her that if he is one day late to report it. They will arrest him once he is 30 days behind. He will lose his driver's license and they will retain his income tax refunds.

The judge also made sure that Sis got her car. The car is tied up in a bank note. He used it as collateral for a loan that she didn't know existed until the bank called her and asked for money. The judge demanded that he pay for that as well. If he defaults on that loan, the judge will order him to jail for not obeying judicial orders or something to that effect. He was scrambling to find other collateral so that the Trailblazer would be released free and clear.

The judge also awarded Sis 33% of his workman's comp settlement and any and all future settlements he might be involved in. The ex was extremely pissed about that. So was his attorney. The judge told the ex that he had a good wife for 15 years and that it was a shame that her parents and sister's family had to support her and their child financially for the last 3 years and physically AND financially for well over a year while he did "whatever it is that you do".

The judge also asked about "this casual visitation" thing. The ex told the judge that he lived out of state and would like to visit his child if he was ever in town. The judge shot that down. He told him he would have standard visitation...every other weekend, alternating holidays and 4 weeks during the summer. The judge told him that he hoped he would "step up to the plate and decide to be a real father". He's already making excuses not to visit Nephew. Already...sigh.

Now get this.

Yesterday, the ex phoned my Sis and told her that he had been cut off workman's comp because they'd caught up to him working under the table. He told her that since he didn't have an income, she would not be receiving any child support and she would lose her car. Also, the house would be in foreclosure so he wouldn't be able to sell it to pay off her debts. He said he wouldn't receive a settlement either.

Imagine that. They haven't been divorced a week.

She's seeing her attorney this morning to see what can be done. I think he's going to have a tough time talking to the judge. I'd love to hear him explain himself out of this one. Under oath he said he was not/had not been working. The very next week he's cut off from workman's comp. because they caught him working???

Sis is okay. She was even laughing about it a little. I wish I could.

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