Now that I have cooled down again we can move on with this story. As you remember I was hit with a $500 a month garnishment, $400 for child support, and $100 a month for arrears. This garnishment started Nov.04 1996, My employer deducted $141.92 each week, you don't need a calculator to figure out they were withholding more then what the state of Alabama said I needed to pay monthly. I didn't quibble it was only an extra $68.00 a month, and I thought it would help pay off the arrears early.Boy! was I in for a surprise,when I started getting monthly statements from Alabama, it appeared that the $100 a month to cover the arrears that they said I owed, didn't even cover the interest that they charged each month. This went on year after year. I tried to get a lawyer to help me with this situation, but all I got was, that if it was a court order, there was nothing they could do. Then in the spring of 1997, after I filed taxes, I was informed that the garnishment also included any tax refunds.Now remember they are still withholding the same amount each month, and now they are taking any tax refunds that I may get. The big surprise came after my son turned 19 the legal age in Alabama. He turned 19 on July 30th.2001, up to that point I had stopped paying attention to the monthly reports, I just filed them.
I requested a payment summary after he turned 19, I was just curious as to how much money they had taken from me, and how much they figured I still owed.
I skipped a small detail at this point, in July of 1999 I pulled up stakes in Fl., and moved all the way across the country to sunny California. I tnought that since I was no longer in a contiguous state to Alabama, I was free from this debt.(I wasn't running out on my obligation, I figured they had collected more then enough.) During the period of Nov.1997, when this all started, and July of 1999 when I moved they had managed to withhold $18,262.11(Remember what the judge stated ,$400 a monthchild support, and $100 a month towards arrears) My math may not be the best but I figure from Nov.97-thru-July 99 is 21 months. Let me see if I have this right =$18,262.11 devided by 21=$869.62 a month, or $369.62 a month more then the court order.Again I sought a Lawyer, this time I found one willing to take on the court, only one small detail, he wanted $2500.00 up front and $250.00 per hour, and he had no idea how many hours it would take, Needless to say with the experience I had gone through with my other high-priced lawyer(He only took me for $750.00 remember.) I wasn't about to trust this guy.
Well I took it easy for the first couple of months after arriving in Ca., but by Oct. I was ready to go to work. I had spent about 10/15 years in the retail business so I knew that it wouldn't take me long to find work. I went to work in Oct. 1999, in Nov. of that year I got a letter from the corporate headquarters informing me that beginning in Dec. the garnishment would begin again. It was at this point that I surmised that contiguous didn't mean a thing when it came time for a state to collect money.
Hang in there with me I'll have you up to the present shortly, but it gets worse not better.
Monday, June 30, 2008
Sunday, June 29, 2008
Venting Again
Picking it up where I left you Yesterday. Soon it became my turn to face the judge, but much to my surprise the judge only called the two attorneys. After about two mionutes of whispering between the three of them the judge told me to rise. In a very gruff voice he informed me he had decided that a fair settlement would be $400 a month for child support, and $100 amonth toward the arrears.
Once again the dizziness set in I couldn't speak(Not because I didn't want too, I was fuming at this point.) the judge said that would be all for my case.I went immediately to my Lawyer, and asked him what happened, he stammered for a moment and said the judge only listened to the state lawyer.(I knew at this point why he had left the room when my ex had said she wasn't interested in arrears, he represented the state, and knew what he could do about that arrears.)
I left town immediately and hauled my butt back to Miami. I called my inept lawyer the next day after I cooled down. I wanted my $750.00 returned because he had done absolutely nil.When I asked him about the arrears he said the judge wouldn't let him bring it up, but he would continue to work on it. I never heard from him again. Not only did I not get my Money back , but he would no longer take my calls.I don't want to say that all three of them were in cahoots on this, but I think you could come to a assumtion the way this whole thing was handled.
About a week after returning to Miami, I was called to human resources at work, and notified that since Florida, and Alabama were contiguous states they were bound to obey the court order handed down by the judge, and that starting with my next pay check a garnishment would go into effect to the tune of $500.00 a month.( I get mad typing this so I'll shut it down for now, but wil be back tomarrow.) I.m relating this in the form of a soap opera, cause that's what it is.
Once again the dizziness set in I couldn't speak(Not because I didn't want too, I was fuming at this point.) the judge said that would be all for my case.I went immediately to my Lawyer, and asked him what happened, he stammered for a moment and said the judge only listened to the state lawyer.(I knew at this point why he had left the room when my ex had said she wasn't interested in arrears, he represented the state, and knew what he could do about that arrears.)
I left town immediately and hauled my butt back to Miami. I called my inept lawyer the next day after I cooled down. I wanted my $750.00 returned because he had done absolutely nil.When I asked him about the arrears he said the judge wouldn't let him bring it up, but he would continue to work on it. I never heard from him again. Not only did I not get my Money back , but he would no longer take my calls.I don't want to say that all three of them were in cahoots on this, but I think you could come to a assumtion the way this whole thing was handled.
About a week after returning to Miami, I was called to human resources at work, and notified that since Florida, and Alabama were contiguous states they were bound to obey the court order handed down by the judge, and that starting with my next pay check a garnishment would go into effect to the tune of $500.00 a month.( I get mad typing this so I'll shut it down for now, but wil be back tomarrow.) I.m relating this in the form of a soap opera, cause that's what it is.
Saturday, June 28, 2008
Day 2 of Venting
okay where did I leave you yesterday. Ah yes ! I had just gotten served papers to appear in court in Alabama, and I need to find a lawyer who practiced in the state, so I get on the internet and find Alabama legal services. I get the name of a (supposedly) reputable lawyer(Name withheld, you will understand later). I give this lawyer a call,and he is more then happy to take my case, as soon as I send him tem times the amount of what it cost her to get a state lawyer, or $750.00(I can envision the cops knocking on my door, if I miss my court date, and hauling my poor A-- to jail)'
A couple of days before I have to be in Alabama, I rent a car and drive to Alabama.(I haven't even to court yet and I am down almost $1000.00) The day before the court date me and my high priced lawyer meet with my ex and her cheap lawyer.The meeting is amiable enough, and we sort of agreed that she needed more money so she could start a college fund for our son.
Then we got into something called Arrears(I am sure some of you out there know what that is.) Her lawyer states that based on what she has told him the reasonable amount of arrears is $6000.00. At this point I get dizzy, light headed, and almost fall out of my chair. I try to gather my emotions and continue with the meeting. My ex-wife in all of her new found wisdom states that she has no interest in arrears only the amount that will be settled on for a monthly payment. Her lawyer (the state paid bottom feeder!) gets up and leaves the room. He knows the rules and doesn't want to hear that she is not interested in arrears. I tell my high priced lawyer to make a note of her statement,and I watch as he jots something on his legal pad. Every lawyer has a legal pad, but in my case I am not sure why he needed one or what he was jotting down.
Now it's court day. My lawyer tells me to wear my worst clothes and leave all jewelery in the motel room I had to rent.(More out of pocket expense!) I figure this guy is really good to think of that and he will fight for me in court.Alabama has a new mathamatical system for figuering what is a fair settlement in divorce cases.(It's 12 years since that court case, and I haven't figured it out yet) Something about the total of her wages, and my wages,but my part is higher because the man has the potential of making more money.( Wasn't there something about ERA that went on for years?)
Anyway I sit in the court room waiting for my turn to address the judge. I guess i've watched to much television in my life, this was unlike any court I have ever seen. It was all fine when the bailiff said all rise, and we all stood as the judge came into the court room chewing on a cigar.(Dizzy, and lightheaded again-This is getting to be a habit) I think there were about 30 cases on his docket for this day,all were about the same thing. How much money was the ex-wife entitled to for the next number of years until the child, or children reached legal age, which in Alabama is eighteen.
We have a son togeather, and he is 12 at the time of this case. Now you have to remember that is a small town in rural Alabama.(Close your eyes and try to imagine what this looked like!) As the judge started his cases for the day I noticed something that appeared out of place, next to where the judge sat, there were two large burly cops. They were carrying what looked like a sawed off broom handle with a lot of what appeared to be handcuffs. It didn't take long for me to find out what was going on . The first defendent(funny, all of the men were defendents, and all the women were plaintiffs!) walked up and faced the judge, he was not represented by an attorney. I came to assume that most of these men had been in this judges court before. The judge asked him a couple of questions, and then waved to his burly cops. They walked up behind the man and put him in cuffs, and took him away. This went on for quite awhile, some gave the judge an excuse,but most didn't. No excuse, handcuffs. Excuse you had to come back to court on another day.
Think by now you can figure what kind of court I was in. I'll say adieu for now and pick this up tomarrow. Stay with me it keeps getting better, and better.
A couple of days before I have to be in Alabama, I rent a car and drive to Alabama.(I haven't even to court yet and I am down almost $1000.00) The day before the court date me and my high priced lawyer meet with my ex and her cheap lawyer.The meeting is amiable enough, and we sort of agreed that she needed more money so she could start a college fund for our son.
Then we got into something called Arrears(I am sure some of you out there know what that is.) Her lawyer states that based on what she has told him the reasonable amount of arrears is $6000.00. At this point I get dizzy, light headed, and almost fall out of my chair. I try to gather my emotions and continue with the meeting. My ex-wife in all of her new found wisdom states that she has no interest in arrears only the amount that will be settled on for a monthly payment. Her lawyer (the state paid bottom feeder!) gets up and leaves the room. He knows the rules and doesn't want to hear that she is not interested in arrears. I tell my high priced lawyer to make a note of her statement,and I watch as he jots something on his legal pad. Every lawyer has a legal pad, but in my case I am not sure why he needed one or what he was jotting down.
Now it's court day. My lawyer tells me to wear my worst clothes and leave all jewelery in the motel room I had to rent.(More out of pocket expense!) I figure this guy is really good to think of that and he will fight for me in court.Alabama has a new mathamatical system for figuering what is a fair settlement in divorce cases.(It's 12 years since that court case, and I haven't figured it out yet) Something about the total of her wages, and my wages,but my part is higher because the man has the potential of making more money.( Wasn't there something about ERA that went on for years?)
Anyway I sit in the court room waiting for my turn to address the judge. I guess i've watched to much television in my life, this was unlike any court I have ever seen. It was all fine when the bailiff said all rise, and we all stood as the judge came into the court room chewing on a cigar.(Dizzy, and lightheaded again-This is getting to be a habit) I think there were about 30 cases on his docket for this day,all were about the same thing. How much money was the ex-wife entitled to for the next number of years until the child, or children reached legal age, which in Alabama is eighteen.
We have a son togeather, and he is 12 at the time of this case. Now you have to remember that is a small town in rural Alabama.(Close your eyes and try to imagine what this looked like!) As the judge started his cases for the day I noticed something that appeared out of place, next to where the judge sat, there were two large burly cops. They were carrying what looked like a sawed off broom handle with a lot of what appeared to be handcuffs. It didn't take long for me to find out what was going on . The first defendent(funny, all of the men were defendents, and all the women were plaintiffs!) walked up and faced the judge, he was not represented by an attorney. I came to assume that most of these men had been in this judges court before. The judge asked him a couple of questions, and then waved to his burly cops. They walked up behind the man and put him in cuffs, and took him away. This went on for quite awhile, some gave the judge an excuse,but most didn't. No excuse, handcuffs. Excuse you had to come back to court on another day.
Think by now you can figure what kind of court I was in. I'll say adieu for now and pick this up tomarrow. Stay with me it keeps getting better, and better.
Friday, June 27, 2008
Time to VENT
First day-First comment;
I started this because I feel I am one of proably millions of men who got caught in the Divorce Discrimination trap. Mine started ten years ago in Alabama (lovely place to live, horrible place to get Divorced) Ex decided she wanted more money then what was original agreed upon in initial divorse decree. So she found this %#@&* Lawyer that just happened to work for the state child welfare dept. He charged her the going rate for Divorced women in Alabama $75.00.
I had moved to Miami,Fl in the mean time and thought things were fine. WRONG! I get served with papers at my work place, telling me when and where to appear in court. Now I need a Lawyer. Not just any Lawyer but one that can practice law in the great state of Alabama. I think you can see where this story is going. Tune in tomarrow for chapter (2)
Enough VENTING for now.
I started this because I feel I am one of proably millions of men who got caught in the Divorce Discrimination trap. Mine started ten years ago in Alabama (lovely place to live, horrible place to get Divorced) Ex decided she wanted more money then what was original agreed upon in initial divorse decree. So she found this %#@&* Lawyer that just happened to work for the state child welfare dept. He charged her the going rate for Divorced women in Alabama $75.00.
I had moved to Miami,Fl in the mean time and thought things were fine. WRONG! I get served with papers at my work place, telling me when and where to appear in court. Now I need a Lawyer. Not just any Lawyer but one that can practice law in the great state of Alabama. I think you can see where this story is going. Tune in tomarrow for chapter (2)
Enough VENTING for now.
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