Month: February 2005

So, check out who signed the OSC the ex received the other day….Funny, It’s the ex’s print and handwriting

Lies, Lies Lies, to the bitter end…she signed this on 2/27/05-

1. Background- ex declares under penalty of perjury mind you, that she has a wage garnishment in effect since April 1991 due to no child support payments voluntarily made from Keith. (LIE) She alleges that Keith became past due in support payments and made no effort to pay outside of a wage garnishment. (LIE)

2. Ex further alleges that Keith has changed his in what was owed to her and is now pursuing the change in wage garnishment. (LIE) She goes on to say that if he changes the arrearages he will still owe her $289.59 at his daughters 18th birthday. (LIE)

3. She states that is has been living in WA state since March of 1993. (LIE) She says that due to “timing of the court date with responsibilities at work, no time allowed by employer. the distance for travel and the care of their daughter, she is unable to appear at this court on this date. (Interesting….) She goes on to say that should the court award for Respondent due to her absence, please consider her declaration and the reason for her absence. She ends with “I am in agreement to stop this order for arrearages in the amount of $50.00 when our daughter reaches age 18 on June 2005.” She copied the front of the envelope that she received her court papers from and told the court, “I was served the court papers by Richard (last name) himself through the US Postal system.”

IRONICALLY, the proof of Service by mail SHE made a copy of says and sent to Keith said it was sent by her ex husband. Gave his address of residence or business as a strip mall. Ironically, the address listed also includes a grocery story that HER employer is located at. When her ex husband printed his name, it’s her writing and when her ex husband signs the proof of service, it’s her signature. ALL under a declaration under penalty of perjury under the laws of the state of CA.

Go figure.

Ex received the OSC today. She picked it up at 11:35am.

https://simasgovlaw.com/declaratory-relief/

Keith filed an OSC today. He gave background information in his declaration. He also let the court know that his attempt to contact the mother on 2/22/2005 to obtain her agreement that that his arrears obligation was satisfied, failed. She stated she would not agree until their daughter turned 18, (which is in June 2005) at which time his ongoing support will also terminate. Keith declared: 1. Background- I am the father of the minor (17) involved in this matter. The mother and I divorced in 1990. The most recent order on child support was filed 9/26/03 and provides that I pay the mother $560 per month child support retroactive to 12/1/02, plus $50 per month commencing 6/1/03, towards any arrears created by this order. A wage assignment was filed that same date. The stipulated order does not set an exact amount for the arrearage payment, nor does the wage assignment order.

Effective 2/25/05, I will have paid the last arrearage payment. I am seeking to modify the wage assignment to terminate this portion of my obligation. My attempt to contact the mother on 2/22/05, to obtain her agreement that my arrears obligation was satisfied, failed. She indicated she would not agree until our daughter turned 18 (which is in June ’05, at which time my ongoing support obligation will also terminate. )

2. ARREARS: I request a court order declaring that my arrears obligation is -0- and modifying the wage assignment to reflect this. See Ex. A attached for verification. I was current on my support obligation prior to the stipulated order. The arrears was only created because of the retroactivity of the order. I was initially paying child support of $700 per month for 2 children. The support obligation reduced to $350 per month in Sept. ’02 when our eldest turned 18 (and had graduated). In Nov. ’02, the mother filed an OSC to increase support for our youngest, which led to the stipulated order of $560 retroactive to December ’02 (with retroactive portion payable at $50 per month). We entered into this stipulation in May/June ’03, although it was not filed until Sept. ’03. I began payments as required by the order immediately. Payments were made by wage assignment and by direct payment for amounts not covered by the assignment.

I sent this OSC to her today from El Cajon. I sent it Certified/Return Receipt.