Family Law Questions? Ask a Family Lawyer Online.
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Has the matter been scheduled for a hearing?
Great!. I have a number of questions along these lines.
I will be more than happy to answer all of your questions.
Was the 2900 the amount that you paid to the ex daughter in law, or the amount that is tolled.
Yes, which starts the beginning of the web of deceit. The Family Court actually summoned him to court on the basis of her word alone PRIOR ot his having left rehab. In fact, no one, including ourselves, knew he was coming home. The summons, dated Dec. 28, called for a court date of Feb. 8. My son was not released from rehab until Jan 7. And, that was a spur of the moment release.
Was he ever personally served with the summons?
He was not home at the time the summons came. He was at church. The summons was given to me.
Ok then that is sufficient for service purposes. Is the hearing a contempt hearing for non-support?
Have you kept reciepts of all the support that you provided the grandchild.
Yes - it was delivered by the police at 11 at night.
Yes, we have all receipts and all e-mails where we were asked for the money.
Ok. Keep good records of all the support that you provided to the grandchild while your son was in rehab. One more question. Was the rehab court ordered or voluntary?
My son got a red notice on the door saying this is a civil matter. Please call this number. He called and they said please come to court to sign some papers. He had a job interview that kept him from getting there that day so they sent the Special Deputy for the Sheriff.
Did I miss a question? The rehab was voluntary.
Ok. Thank you for that information. Sorry the chat has been messing up on my end
Does your son have an attorney for the matter?
But we will get one. I have every document and every record necessary for any argument needed.
I can represent to you that in these types of cases the petitioner (ex-daughter in law) very rarely gets contempt entered against the respondent. Contempt for non-child support is reserved for circumstances where the individual is in arrears of thousands upon thousands of dollars. So contempt against your son, who voluntarily was in rehab, and the child support tolled, should probably not be a concern at this point.
I would definitely provide the attorney with the documentation of every penny of support that you have provided to the grandson and ex daughter in law.
Has your son responded to the complaint issued by the ex-daughter in law.
He has a right to answer the complaint and deny each and every allegation put within the complaint.
Also, was there a written agreement to toll the child support?
We never thought this was an issue since all payments were tolled while in rehab. Since there were no plans for his getting out of rehab and support for Lucas was being provided (though not in the traditional format), we thought it was a non-issue. This is a grandson/son that we are not even allowed to see. My son asked to leave rehab for the express purpose of helping me as I had broken my ribs and scapula before Christmas and was receiving no help for it from other family members. He is still under the care of a rehab dr. He had been in rehab for6 months - and before marrying this girl and her kicking both him and his daughter from a previous relationship out - he had been clean from drugs for over 6 years, had an international ministry, had just purchased their first home and completely remodeled it himself, was expecting their first child (the son he has seen 2 times), etc. He had a triggered addiction reaction to some prescription medication for ADHD and it totally changed his behavior for two weeks before she kicked him out. She also was over the whole marriage once he got custody of his 7 year old daughter and treated her worse than anyone could imagine.
He has not responded. We did not know you could. There was a written agreement to toll all payments due while he was in rehab.
Great. It appears to me that you have all the evidence that you could possibly need for your son to defend himself. MAKE SURE, you keep that written agreement handy and provide that to the court during the hearing. Since the hearing is set next week, I would advise finding an attorney who can handle the matter for you, and provide him with all of the information that you have provided me.
With the child in question, is there a child custody/visitation arrangement entered with the court?
There is no visitation allowed due to Jeremy's former drug use. He has to pass a five panel drug test that he pays for, then once he passes, he can come under review for possible supervised visitation at the next weekend with the spouse as the supervisor.
Additionally, you can provide your son and his attorney with all of the receipts and documents that you have as it pertains to your grandson and his support. The attorney can present this to the court and show that there is a written agreement that provided for the support to be tolled, that your son voluntarily entered rehab, and has now completed the program and is clean. Moreover, the attorney can present the receipts and documents to show that even though he was in rehab, and unable to make money, you as grandparents, provided for the child's medical needs and his provided financial assistance to the ex daughter-in-law for his support.
He would pass. He could have passed it on Nov. 28, the day of the divorce. But, they refused to change the language of the agreement.
Right. Im glad to hear that!
He deserves visitation in that case.
One more question if I can ask on this same "dime"?
You most definitely may.
Just remember to click the accept button at the end of our conversation so that I may be compensated. Otherwise, I will not be paid.
Your son sounds like a great guy, he just went through a rough patch, and the judge will consider that, and the steps he has taken to improve his life and to clean up. With the evidence you have detailed, and the fact that you are going to seek an attorney should bode well for you at the hearing.
I have just learned that my son was coerced by his ex-wife to sign the settlement agreement as it was on the day of the divorce or she would put him in jail. The settlement agreement gives her the house and everything in it. It gives her the upper hand on everything. It gives him nothing. The judge questioned him several times as to whether he was sure about what he was doing, and he said I don't want to fight anymore, I just want to give my wife what she wants. Several people witnessed her doing this to him prior to court and could testify to it. The one part she did not tell him, and that came out when her attorney called me in to corroroborate (and I am sure she about fell off her chair) was the fact that the reason for the divorce was that my son was a habitual drunk. There is no evidence to that at all. In fact, I raised hell about it and refused to testify. The GAL was there and just happened to be the same one who had placed his 7 year old daughter in the home just 3 months earlier. She did not say a word in his defense. Jeremy, knowing this was going to be a problem, pulled a letter from his rehab dr. stating that he was being treated for chronic substance abuse and asked if that would serve as corrorobaration. They decided it would. He had only seen this dr. one time. I have asked the GAL to make this right before I go to the judge or to the SC Bar to advise that officers of the court subjourned perjury on Nov. 28 when they allowed that testimony to come in. No one has come forward to correct it. I am now writing to her attorney with all the documentation that shows where she lied to him, etc. I know that is a conflict of interest. What can I do?
Ok. This is a loaded question. Allow me a minute to think through it and get back to you. Stay patient please, and do not exit the chat, I will reply momentarily.
If you feel that the attorney intentionally and willfully used information that she knew not to be true then you can contact the SC state Bar Association and file a formal complaint against her for doing so. The bar will assist you in filing a formal complaint and she will have an opportunity to respond to your bar complaint as well. The GAL should have spoken up as well, so you could consider doing the same with him/her.
The only problem I foresee is that Jeremy did voluntarily go and get the letter from the doctor and submitted to those allegations.
I feel that the attorney was duped as well. I am going to him as being as much a victim of this evil woman as my son was. But the GAL knew it was not the truth, and she stood there and let it go forth. She was not called for testimony; she was in the back ready to pounce on Jeremy for her fee which she would not "toll". The attorney had so much integrity he even made Amara (ex-wife) walk down to the child support court clerk to post the payments received so far. But, they are not posted, so Amara must have been told by them that if you do not choose to submit them, you do not have to (that is what they told us when we called to ask why they are not posted). I want to know what can be done about a person who will stand and lie under oath to a judge, to her attorney, and will coerce another party using fear as a motive so that she can get what she wants in a proceeding?
If the individual is under oath and has lied then they can be charged with perjury by the court.
You will have to have substantial evidence to back this claim up.
As you know, an individual under oath is not allowed to perjure themselves.
I do. How do I go about bringing this charge against her and getting the divorce settlement overruled?
I would consult an attorney to draft a complaint against her for these allegations.
OK. Thanks for your help. You have been a great help.