[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

266.0. "Overtime pay problems!" by JUPITR::NORTON (Ike/ 237-2411) Tue Jun 15 1993 13:23


I looked throught this conference but did not find anything about this.
My divorce decree was really bad.  We went in for the prelimary hearing
before a judge and I was pressured into signing something I am
really unhappy with. I have however been paying - except overtime pay.
I get pay for beeper support.  I have been getting it for quite a
while, about 4 years.  This was a point of contention in the days leading
up to our court appearance.  We had one meeting with both lawyers
in her lawyer's office several days before the court appearance.  We did
not write up an agreement, but I came away feeling that things were going
well and my lawyer as he was leaving said we had made progress
and this was going to go okay.  (he had been called away by some
really stressful personal family problems... his wife had called him
during the meeting so it was called short.  We had discussed beeper
pay, as "Overtime" and my lawyer said it was unreasonable to
expect someone to be motivated to work extra time if he had to pay
her part of it, and the other lawyer said as we were leaving, "think
about division of property percentages, my lawyer said "how about 50/50", 
I thought he was joking, now I am sure he was joking).
 
Well, my day in court was not okay.  9am appearance and waiting until
about 11:30 when the lawyers went to see the judge privately (I wish
I had insisted on being at that meeting).  My lawyer came back with a
yellow work sheet with the key items listed.  I disagreed with many
of them, including her getting all proceeds of house sale, me paying
for all credit card debt, 1/2 of pension at retirement, her COBRA
payments (I pay),other stuff, including her getting 27% of beeper 
pay until house is sold and then 17 1/2% of beeper pay.  

He said the  court ordered support payments (big payments) were something 
he had worked on with the judge and had gotten down (I later determined that 
they were right on the formula),
and although we should go off and spend another few weeks getting this
typed up (I should have done this) we would do a lot worse next time and
I would end up paying more if we waited to dot the i's etc..

During this the other lawyer kept appear at the open door of
our little get together room saying the judge was going to be going to 
lunch and couldn't we hurry because we had to write this thing up.
My lawyer said, "why don't you write it , your hand writing is better
than mine"... gads that should have sent up a red flag in my head, 
and though I was really uncomfortable with the whole thing - I was
under the impression that "it would be a lot worse next time".  When
the document came back my lawyer was just starting to read it to
me when her lawyer appeared in the door saying "not much time", and
mine saying " well, I should read this to him  first".  

At any rate.  Here I am.  I have fullfilled all other financial
agreements, but the overtime pay really makes me more angry.  I told
her I was not going give her that money and expained why.  I am
giving my daughter money for college (not in the afgreement).
I received a letter on friday from her lawyer saying he wanted my
pay stubs for the period since our court date... no threats, but
I underrstand that I am not well positioned to fight this.  I don't want
to go to my old lawyer - he was the pits.  I have not yet gotten another
lawyer, but have only until this friday to get him the documents.
I have been working on a letter to the two of them (x and lawyer)
but not clear on how to do this.

Any thoughts?

Ike

T.RTitleUserPersonal
Name
DateLines
266.1AIMHI::RAUHI survived the Cruel SpaTue Jun 15 1993 18:3815
    In some states it is part of the program that you pay for overtime. And
    in other states it is not part of the program. And in New Hampshire it
    flops back and forth. 
    
    Anyhow, sounds like you got the traditional rail road game. And it was
    hot in the ol kitchen. I don't know what to say to you about your
    experience execpt to the opposing councle to tuck his bill in his butt.
    Or with the hurry up game I would do the old drag the feet for they are
    trying to manage you via FOG. Thats Fear Of God. You can apeal anything
    you dont like in the game like this execpt if it is cast in concrete
    that it is so. But the division of personal property and etc is
    negotiable. Always. 
    
    If the opposing camp says to you to cough it up and they fill for
    the big motion. You can apeal it. And lidgate their little tush's.:)
266.2Don't Let the B*st*rds Get You DownABACUS::MCCLELLAN_WTue Jun 15 1993 18:5836
    Sounds like you had one of my old lawyers (had 3).  The bad news is I 
    came up totally empty.  And, the overtime issue got stiffed to me 
    along with everything else - even though I hadn't had ANY overtime for
    6 months prior to the court date.  The ruling was it was "available"
    then, and could be in the future (say what???!!)
    
    And yes, I got the same hurry up, and the lawyers are in bed together.
    And yes, I learned the same lessons - painfully.
    
    My advice:
    
    	Before throwing away any more money on ANY lawyer (because no
    	matter WHO you get, you're still throwing away good money), try
    	to buy some time to do two things:
    
    		>  LEARN as much as you can on your own!  Go the the
    		   library, talk to friends, talk to anyone who sounds
    		   like he/she can offer sound advice; preferably one
    		   who has been burned by the court.
    
    		>  Try to CONNECT with activist/support groups, who can
    		   provide a lot of the above.  Get all the knowledge
    		   and support you can!
    
    These sharks smell a sucker (and I don't mean that offensively).  I
    mean that if you don't learn to play their game, they have no qualms
    about burying you financially.
    
    Finally, trust your instincts.  Even though this is a very difficult
    time for you, from your note, you sound like you have your instincts
    about you; you weren't feeling right:  trust that feeling, and
    respond to it!
    
    Good luck, and welcome to the club.
    
    -Bill 
266.3hang tough!JUPITR::BROWERWed Jun 16 1993 07:3521
         I 3rd the motion trust your instincts and don't sign anything
    you're not comfortable with. My wife ,bless her heart, has yet to file.
    We've been in long drawn out negotiations since MARCH!!. I was given a
    sort of ultimatum in rehards to Parochial School Tuition. ie: we'll
    be taking you to court to get an order against you. Well seeing as I
    voluntarily left the house and agreed to pay 36% of my gross as an
    interim child support arrangement another $120-$140 a week will make
    them happy. You can bet your bottom dollar that I'll fight tooth and
    nail against this. Late yesterday my lawyer left a message that they 
    now have a proposition to make. Unless it's a 50/50 slpit on tuition
    they can go pound sand. My lawyer allready assured me that in his
    opinion there isn't a Judge in the state that would force private
    school tuition when public schools are an option. Now I only have to
    determine whether or not my lawyer is in bed with hers!
           I've been given the name of a person in the Worcester area that
    may be helpful to anyone wanting to let the lawyers starve. He helped
    my landlord sit down with his ex and hammer out a decree. He even went
    against his own lawyers wishes. Went through the courst without a
    single hitch...
    
            Bob whose day will soon come
266.4It's warrior timeCSC32::HADDOCKDon't Tell My Achy-Breaky BackWed Jun 16 1993 11:4930
    Ike,

    I hope I don't sound like I'm coming down on you personally with this,
    but, as bad as I hate "special interest groups", this kind of stuff 
    is going to continue unless and until men band together into a
    group with some political clout.  We keep letting them take us
    on one at a time where we don't even know enough to raise our hands
    (figuratively) let alone fight.  Men are usually totally unprepared
    for what happens during divorce.  They are usually in denial that 
    it can/will even happen to them, or they are praying to God it don't.
    Women get all the support and sympathy and men "get what they deserve
    for being such scum for so many years".

    I'll add my agreement to previous notes...Learn for yourself the
    law and where you stand.  Learn how to fight back.  If you can,
    learn to be your own lawyer where you don't have to put up with
    the b.s. run around.  Contact the "father's rights" support groups.
    They can provide a lot of information and emotional support (they
    are usually pretty thin on financial support for the same reason
    you are).  

    Go to the library and read up on "family law".  It is an emotional
    %$#@, and it will make you maddern' $#@! when you find out just how
    badly the system is screwed up, but you will _know_ where you stand
    and what the law and your rights are.  You can't play the game when
    you don't know the rules.

    It can be done.
    fred();