Forced To Take A Break

I had to take a break from blogging because I found myself being sued by my ex. Him saying that I was in contempt of court for refusing visitation & not alternating every other holiday. I was flabberghasted. Then I found it comical that he was so stupid to file papers that were absolutely NOTHING but lies. 

$2,200.00 later I got myself a female version of Gerry. Oh how I miss Gerry!!! My new attorney is amazing. She's flat out the best there is. 

There were plenty of OMG moments in the court room. Let's start at the beginning so as not to confuse anyone. 

4/30/2011--My ex husband & his wife got into a fight. It was a pretty big fight where she cussed at my 7 year old daughter & used (explained) my ex husband's genitals in the fight as she was screaming at my daughter. I only found this out after I picked my babies up from their dad at 10 pm that night. I asked the ex to sign a paper saying that it was in our children's best interest NOT to be around his wife. She's a lose cannon & high strung. He signed with no questions asked, said that that wouldn't be a problem because he was divorcing her. I've heard this song & dance before. 

I texted him quite a few times requesting that he see the children. If he were anywhere near where I live I would meet him with the babies so that they could see him. July 2011 he saw my babies for 2 hours. That was it. 2 freaking hours. 

8/30/2011 He texted me to see if he could get the kids for a weekend. My reply was simple, "As long as your wife is around no." 

I knew then to get an attorney & I did just that. I went online and looked up our divorce record & saw that we had a pending court case for 9/21/2011. I called the court house to find out what was going on. They explained to me that *I* was being sued for contempt of court. My mind was B L O W N! Are you kidding me? He filed the papers 8/28/2011 & asked for visitation 2 days later? How does that work? 

I saw my attorney & she shook her head. She asked me if I had done anything or if the ex was bitching about anything. I said, "No. This came out of the blue." It did. We are filing back against him for an up in child support, modified visitations & a change of venue. 

He was served with notice of court less than 24 hours after I was served. 

I went to court on Wednesday, nervous. The presiding judge can be a hard ass & quite frankly doesn't necessarily like women. That is just MY opinion of him. 

We get there & of course the ex brings psychotic wife as well. Our case gets called up & I went through the doors, the ex went through & of course his wife went hauling ASS through the doors. The judge gave her a cock-eyed look & said, "Are you his counsel?" She PROUDLY said, "NO, I'M HIS WIFE!" The judge looked at her & said, "Go sit in the galley." CRACKED ME UP! DUMBASS! 

Here we go!! The judge looked at the ex & said, "What proof do you have that she has been refusing visits?" He said, "Your Honor, I haven't seen my children since July." That was his evidence. I looked down.. tried not to laugh. The judge addressed my attorney & asked why I shouldn't be held in contempt of court. My attorney provided the written statements showing that he agreed NOT to see the children as long as his wife was going to be there. That he was free to see the kids at any time as long as she wasn't around. 

The judge hopped up off his bench, made copies & showed them to the ex. He said, "Yes, those are my signatures." The judge asked if he had ever told me that he & his wife had reconciled? The ex said, "No, but I talked to her last week." The judge chuckled. He said, "We don't play like that." 

The issue came up of us moving jurisdictions. The judge asked if the ex had any concerns about moving the case. The ex opened his stupid ass mouth & said, "Well your honor you've presided over our whole divorce & so I think it's necessary that you continue to." The judge looked at him & said, "I haven't seen you guys in 3 years!" I hung my head.. held my giggles back. 

While all this is going on, his wife is just DYING to speak. She keeps having little out bursts. I'm actually surprised that the judge didn't throw her out. 

The judge said, "Ok that's all, I can't find her in contempt b/c she's not." The wife, from the galley said, "BUT WE'RE NOT DONE, THERE'S MORE!!" Then the ex spoke up, "We have more." The judge said, "Uhm, first page? All it says is contempt of court for refusal of visitation & every other holiday." We're done. The ex said, "There's more on the back pages." The judge said, "Those issues weren't filed correctly." HAHAHAHA! 

I was ready for all of it. The contempt of court, him dropping his salary from 60K a year to 13,200.00 a year etc. DO NOT MESS WITH MY CHILDREN YOU WILL LOSE! 

Court was adjourned. 

My attorney asked to speak to the ex & as usual 300 lbs of stupid (the wife) went hauling ass behind the ex. My attorney turned around & looked at her & said, "I WANT TO SPEAK TO HIM, NOT YOU!" HAHAHA! She came back out to the waiting area & plopped her 300 lb ass down. She stared me down the whole time. I giggled as I texted, I looked at my amazing ring, knowing that it was eating her alive. 

Not only do *I* know how stupid the both of them are, the judge knows too! The judge kept telling the ex that he should probably get an attorney b/c he can't give legal advice. 

As we were walking out my attorney said, "I told him that his wife was a bit high strung and she needed to chill out & that she could understand WHY I was fearful to send my children with him." I said, "If you can get him away from her, he's not bad to deal with. It's HER that's screwing this all up." 

It IS 300 lbs of stupid that's screwing this all up & the reason my babies don't want to go on visits with their dad. For the longest time I blamed her for the way she treats my babies. I blame 400 lbs of stupid now too though b/c he tolerates it & allows her to treat them that way. He's just as guilty as she is. 

Bottom line with the advice in this blog---

DO NOT LIE when you file papers with the court. You will look stupid. 

GET A GOOD ATTORNEY!--You'll need one, especially if you are dealing with children.

DO NOT BRING YOUR HOT HEADED SPOUSE TO COURT! 

If you are going to bring contempt charges, I suggest you have PROOF. 

KEEP EVERYTHING! When I went into court I have over 2 YEARS of emails between my attorney & I & my ex & I. I keep texts. I always have & it's proven CRUCIAL to my cases. 

DO NOT VERBALLY SPEAK TO THE EX ABOUT VISITATION, MONEY OWED, ETC. Do it all where it can be PRINTED out! Trust me, when they get into court, they lie. This can PROVE that! 

This week was stressful. Even though I KNEW I had the upper hand, it was still stressful. 

We have another court date coming up & so I'm sure as the time gets closer I won't be blogging again until it's over. This one I am the plaintiff & he's the defendant.