Saturday, May 28, 2011

When It Rains, It Pours

So, I had an interesting week. Dealt with personal issues, work issues, feeling overwhelmed and overly emotional. I really earned my 3 day weekend. Today was pretty relaxing, at least until 5:00, when I was awakened from my nap by a knock at the door. I was served papers. My ex-husband is suing me over his child support order. For those who don't know the story, a short (hopefully) history.

I have 3 wonderful daughters. Sammee, Tori, and Kat. My ex is Sammee and Tori's dad, but not Kat's. So, after the divorce was finalized, the State of Idaho started proceedings for a child support order. Since the state couldn't find Kat's father, they listed my ex as the legal father, since we were married during the pregnancy. So he was ordered to pay a monthly amount for 3 children.

Fast forward to last May. He realizes that Tori will be turning 18, so he decides that he is going to have the order modified and have Kat removed. It was March before the process was completed. He was ordered to pay the same amount for one child that he was paying for 3. Needless to say, he's not amused.

Quick info bit on the State of Idaho child support laws. If 2 people were married during any part of the pregnancy and the biological father cannot be found, then the other spouse is considered the legal parent and subject to support. the non-custodial parent has 6 months to contest paternity. So, he couldn't get the DNA tests to prove that Kat was not his child, and had to roll with the ruling handed down. But, instead of taking it like a man, he has chosen to sue me directly to get the support order dismissed.

So, I have talked to a couple of people who know a little about civil law (which is a lot more than I do), and he is suing the wrong entity. I had no control over what the state did with my case. On Tuesday I will go to Child Support and show them the papers and see what my next step should be. I am not going to just sit back and let this happen. He has been bitter for 15 years over this stuff, and is just trying to take it out on me. I am a strong person, and won't stand for being dragged through this crap! A friend told me that Legal Aid should help me because it's a family issue, so hopefully I won't have to pay thousands of dollars in legal fees to fight this ridiculous suit.

I am not worried about this frivolity. I am just annoyed that my ex won't let it go away. I know where I stand in this. I have never deceived anyone into thinking Kat was my ex's child. There is a notarized document on file with the state that my ex is not her father. I am also annoyed that his wife has involved herself in this, sending me nasty emails accusing me of basically being a money grubber. Nothing is further from the truth. I don't care about the money. I even offered to send the money back to them.

I will keep you posted on the progress of this lunacy. Hopefully it will all go away one way or the other in a month or so. I really don't have the energy for a long, drawn out process. But, other than that, life is pretty good.

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