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Help, Please *Long*

HChadHChad member
in Blended Families

Hello all,

I've tried to be a lurker, but I need help in this situation.  I've posted a few times before (had to change my account due to issues with my DH's ExW), so I'm going to give a very brief recap of what we're experiencing.

 I have no children (yet, hopefully.  We might TTC, but I'm 36 and don't have a good history), my DH has a daughter with his ExW.  She is 7, going to be 8 on Saturday.  She doesn't feel like a SD to me, as we live in MN and she lives in GA with her mom and SD.  DH and I got married 2.5 months ago.  We've known each other since high school, but weren't always in contact until he moved back to MN.

His ExW has been horrible since she found out we were engaged.  Filing with the court repeatedly, subpoea'ing me for an ex parte motion for child support enforcement (which was denied, he is paying CS), the whole 9.

 Long story short, (very, very long story), CS was modified and more than doubled.  We can work with that, we both have jobs.  DH's ExW tricked him into signing away all of his visitation and the court made a mistake on the address, so he never received the final order after it was filed.  He didn't find out until 1.5 months before our wedding and his ExW didn't allow his DD to come to our wedding.  We worked through that, obviously he was upset.  His ExW filed for an ex parte motion 2 days before our wedding in Aug and the hearing occurred on Oct 15.  As I said, CS increased, effective Nov 1 and an Income Deduction Order was issued (he's been putting the CS directly into her account).  For November, DH asked our attorney how much he should deposit on the 2nd (first payday) and was advised to deposit 1/6 of the total order, as that is what would occur when the IDO goes into effect.  His ExW has filed another contempt motion (3rd one in 4 months, the other 2 were dismissed as duplicative, the first was deferred to make sure he paid this month).  

 Here's my dilemma: I have proof she filed legal documentation with the court about the home they owned in FL that was fraudulent.  Witness signatures were either forged or added after the notarization.  I was the only witness, aside from  their daughter.  The signatures that were added are the ExW's new husband and father.  I know I need to challenge this document, (I was a notary, I know you don't notarize a document that requires witnesses without any), but I'm concerned about the effect of that on her husband and father.  I firmly believe they have no idea and I don't want to destroy their lives.

 His ExW is not allowing him to have any contact with SD and violating court order by contacting him directly when he has an attorney.  I just don't want to destroy someone else's life, but I'm not sure if that's the right decision for SD.

Thoughts? 

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Re: Help, Please *Long*

  • OoglybearOoglybear member

    I don't even know what to say to that. I'm sorry, but no one "accidentally" signs away visitation rights...

    As far as the fraudulent documentation, I don't know what you should do but I would assume you'd need more proof than the testimony of a very biased party. 

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  • socloudy99socloudy99 member
    Usually the notarization is only for the signature of the person not for the witnesses. So the witnesses aren't really being notarized. The notary can be one witness if two are needed. Maybe they all had each other be there other witness. From what you have written it sounds like really bad judgement and on the boarder line but not something to go back to court about. If you can prove the information is wrong that would be more helpful in court. GL!
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  • fellesferiefellesferie member

    I remember your previous posts, but I have no idea what you're asking here.

    How is this fraudulent document connected to you and your husband? How are you being affected?

    If you were to challenge this document, what proof do you have? And how would challenging it improve your situation?

    I need more information before providing any sort of opinion or advice. 

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  • HChadHChad member

    Sorry for the delayed response, but things have gotten even more challenging (if that were possible, LOL)

     I was a notary and according to the rules in my state (MN), you cannot notarize a document requiring witnesses without the witnesses present.  That, if I remember correctly, was from the National Notary Association.  The only reason this would be important is because DH signed the Modified Parenting Plan at the same time with the same notary.  If this document can be proven to be notarized in error, anything else this notary notarized comes into question.  That is the one and only goal.

    Appealing the modified parenting plan is in motion (other factors are involved, namely the court sent the final order to an incomplete address and it was returned by the post office).

    I don't care about anything other than getting visitation with SD for DH.  I know it's going to be hard and it's going to be expensive.  DH and I will work through that.  It's just really hard going through the process.  Sorry, feeling a little overwhelmed right now 

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