Ex’s 2005 Declaration

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.

Terminate Arrears/Declaratory Relief

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.

FINALLY

It took 10 years, LOL, but uncovered medical expense arrears have now been addressed. Child support went down to $607 a month support.

THANK YOU.

2005 “Estimated”

Hilarious that the ex thinks Keith should pay BEFORE anything, before she gets her support checks, before the insurance companies process claims, etc.

Today, Keith received a letter from his ex, that is dated January 18, 2005, and with it, she attached HER perceived final amounts and “estimated” amounts of child support she thinks he would owe her.

Their daughter turns 18 this year in June, so I guess the ex is trying to “wrap up” whatever it is she’s trying to “wrap up.” The ex also told Keith to not contact her regarding this letter “or any further complaints or harassment directed toward me by you and your wife.” She told him she no longer has an attorney on retainer and she no longer uses the services of her previous attorney, based out of San Diego.

She said, her personal information is private – that forwarding or otherwise directly sending correspondence or other information to other parties that she has not authorized is a violation of her privacy rights. GEEZ, if I had a nickel for every time she used that phrase. She went on to tell him that she “is seeking the professional services of an local attorney to file charges of harassment due to the continued berating content of e-mails (which I have deleted and blocked all addresses and alias by Richard (our last name) and his wife Patricia) and the violation of my privacy rights. I have refused and will continue to refuse all mail and any other correspondence to the nature and content of these mailings.”

She told him that the amount owed to her for child support for the benefit and welfare of (formal name Daughter) date of birth 6/18/1987, ( as if Keith didn’t know) is due monthly and has been court ordered to her that was since 1989. UM, that would be a lie. He LEFT in 1989, and there was NO court order for support until November 1990. Prior to that, he paid on his own, with her acknowledging his payments and even told him “thank you for sending money on time and regularly.” She then went on to accuse him of never being able to meet that court ordered requirement. Well, truth be told, there WAS no court ordered requirement at that time, LOL. She whines that she continues to receive less than the court ordered amount from his employer by garnishment. She states court ordered amounts are not what she is receiving resulting in arrearages and past due child support. She tells him, “this is not my problem.” He never said it was. She says this is his responsibility to pay his child support on time and in full each month.

She then tell him, “Should you wish to make the payment owed in fill or make payments before the end of June 2005, you may do so directly to my checking account at (lists her banking name and address) in my name (her first and last name which she has changed back to her maiden name)or to our daughter (daughters first and last name.)She is at the same post office and is able to pick up the mail each day.”

These last two paragraphs made us laugh. She wrote, “Five months until June 18, 2005 and the end of your responsibility to support your daughter. I NO longer wish to have any contact with you. If you need something talk to your children not me. Failure to pay your child support in full by June 18, 2005 will result in filing a statement with the State of California Department of Child Services. (she typed her first name and then signed it).

Huh? I’m thinking she means the Dept of Child Support Services. She tries to sound so smug and smart.

Harassment Charges

Does she really think she has the power to scare Keith/us? She sent him an email a little bit ago, 9:53pm to be exact, with “Harassment Charges” as the subject matter.

She told Keith, “I have hired a local attorney and have begun the process of filing harassment charges against you.

Do not send any emails or mail to me- do not call or contact me in any manner.”

That was it. LOL

At 10:04 pm, Keith forwarded it the email to her attorney and his at 10:04pm saying, “So, this is why she refused the mail today. I have no idea what grounds she has for doing this, she has none as far as I am concerned. So I still need to know where to send payments of child support and arrearages go.”

Then Keith wrote HER back at 10:10pm, “Good, I look forward to reading the (false) accusations and responding to them. Thanks for the heads up. Until then…. Keith”

January 12-15, 2005

Several emails were sent back and forth between Keith and his ex regarding child support. Can someone truly not understand how how child support works, after all this time, because it sure seems she hasn’t grasped it yet.

This morning, 1-15-2005, she emailed Keith and amongst other things she told him, “I will receive child support through the end of June 2005. She is your child or did you forget you are responsible for her welfare until she is 18. Please work on canceling the insurance too. She does not want or need your insurance after June 18th. Court orders will be sent to both insurance companies to show that. You are so stupid. And I imagine how happy all of this makes you and I think you are even more stupid. Not bothering me at all. In fact the more you waste time the more I LAUGH MY ASS OFF.”

Huh? “you are so stupid. And I imagine how happy all this makes you and I think you are even more stupid.” WHAT? What does that even mean?

2004 Letters

From Jan. 2 to Dec. 4, 2004, All letters (7) to Anthony were pertaining to uncovered medical expenses that he is refusing to pay reminding him what the LAW says about reimbursement and what our court orders say.

The last letter on 12/30 was a recap of the actions of his wife over the years, letting him know that I will be bringing up this issue before the Judge when we go back to court at the end of January 2005.

2004 Gifts and Things

6-18-04- Thomas sent L a card. It was a congratulations card. It had a white flower on it. He addressed the envelope himself. He signed his name and added a heart. He wrote, “I hope you like this flower and my picture.”

11-30-04- J gave (8:31 am) a list to Keith suggesting what to get the kids for Christmas. He had only asked about L, because he was no longer discussing N with her. She gave ideas for Both kids. 10:40am, Keith told her thanks for the ideas, he appreciated it. Reminded her he doesn’t talk to her about N, but did tell her that he had sent N a birthday card in September and N refused it, not once, but twice.

12-20-04- received card from L. She wrote, “Richard (AKA) Dad” It’s postmarked 12-16-04. It was addressed to “Mr. & Mrs. D*******” in J’s handwriting.

12-21-04- Keith emailed (12:16am) J asking where to send L’s gifts, her home or her mothers. J responded (7:33am) to send L’s gifts to her home or her work. We sent the package to her home. (PO Box)

12-27-04 Keith emailed (1:46 pm) J asking if the box got to L yet, that it was mailed on 12-21.

12-28-04-J asked (7:50 am) where he sent it, that no box has arrived. Keith told her (7:59 am) he sent it to her PO box. He checked the postal tracking and emailed (12:54pm) J back and said, “It’s there now, today, a note was left in your PO Box that it’s there.”