Thursday, December 22, 2005

Another bad order

I just got another ridiculous order from Commissioner Joseph of the family court. This one retroactively requires an increase in my child support payments.

Apparently he searched the file, and discovered that at one point I had to pay extra because of "a deviation from guideline due to imputation of income based on the father's having no mortgage or rent payment for his house".

I had convinced Judge Kelly to drop that charge, but now Commissioner Joseph says, "However, Judge Kelly failed to perpetuate his calculated deviation for father's housing circumstance." So he ordered me to pay an extra $1062 per month, retroactive to last year.

This makes no sense. I've paid off my mortgage so I have to pretend that my ex-wife is the bank and send her my mortgage payments instead? As usual, Commissioner Joseph gives no justification, and I cannot find any statute or precedent for such payments.


Masculiste said...

Appeal that one AD.

The state can't grant what your ex hasn't asked for. It cannot act of it's own accord nor take on the position of an agent for your ex when she already has a lawyer, which is what they are clearly attempting to do.

This is the problem with Family court. It's incompetent and incapable of locating actual bad dads who skirt their support, so it has to APPEAR as if it is actually doing something.

Naturally, you're a consciencious dad who's been cooperating from the that makes you a much more convenient target.

And don't think for a second that there isn't collusion going on here.

Masculiste said...

"However, Judge Kelly failed to perpetuate his calculated deviation for father's housing circumstance."

One more thing. Whatever Judge Kelly did or didn't do was up to your ex to appeal, not up to the commish to dig up after the fact. If she failed to appeal within the alloted time allowed, that's her problem...and again, see the above comment.

George said...

My ex-wife did ask for some more money retroactively under a different theory. Perhaps the judge couldn't figure out what she was asking for, and found a theory to give her some other money instead. I don't know. It doesn't make much sense to me.