Thursday, January 19, 2012

Post move crazy

Emails Between G and attorney after move:

From : G
Date: 5/12/11
To: atty, Me


Dear Attorney,

I received the letter from A and yourself regarding A's departure from the residence at ********* the the utilities associated to that address. 


I set up SRP in my name as of the 16th per your request.  Due to A's actions I was unable to transfer the bill to may name and set up a new account.  There is a $511 deposit on the old account. $180 of that was paid after I was served with divorce papers.  After the final bill is deducted from the $511 deposit, I expect that my half of the deposit to be returned to me. I incurred a sizable additional deposit and need that money to offset the expense.  If I do not receive those funds I will assume the funds were applied instead to the child support previously established. 

A and I are both responsible for the water/city utility bill.  I tried to remove her from the account and can not without the final divorce decree showing that I have ownership of the home.  Our information has been updated so any changes regarding service will require both of our permissions.  A was going to have service shut off on the 16th.  That order is no longer in effect.  The outstanding balance currently is $149.92.  I expect A to pay half of that amount plus half of any additional charges up to the 16th to keep the water from being shut off for non payment.  I am sure A agrees that it is in our kids best interest that running water and city services are maintained. 

I have established separate internet services effective 5/12/11. 

According to the insurance agent the current insurance policies will stay intact.  Our Agent is waiting for A to remove the Kia from the policy and establish her own.  Until then I will only pay for the coverage on the Ford Escape and expect A to pay for the coverage on the Kia. 

I would like to express some concern over the way A moved out of our home.  She had stated on multipul occations she wanted to discuss the divisions of our mutual property on Saturday morning, May 7th when I returned from home from work.  I am sure you are aware she moved out before I got home that morning completely ransacking my personal property and trashing our house in the process.  The home and some of my personal property were damaged in the move.  Additionally A took items that were my property.  I understand that someone else may have accidentally removed the items in their haste to get moved in the middle of the night.  I expect those items to be returned sooner than later.  My biggest concern is that A said one thing and did another.  Establishing this pattern of mis-trust from the beginning is going to make this process much more difficult for both of us and our kids to go through.  Please ask your client to keep her word.  The only times I heave been upset with A during this process were times she did not communicate with me openly.  Joint Legal Custody of our children necessitates that we have open communication.  If she is unable to maintain open honest communication with me I will have to act accordingly.

I would like a complete inventory of every item A took from the house in case there is a dispute over whether or not an item is communal or personal property.  There were many items I considered gifts to me either directly or to us both that either A has claimed as her own or she returned to the people that gave the items to us.  I would also like a position statement from A with a clear proposal in how she would like to divide our assets and debts. 

I am sure you are aware that A and I work for the same establishment.  Please ask A to refrain from any conduct or behavior that could be construed as a conflict of interest.  This includes any tasks related to auditing my cash drawer or time punches unless another manager is present.  We both like our jobs and the management staff is able to work with us to ensure the proper separation of duties.

Sincerely,
G


Mr. G - I am in receipt of your email. 

1.  I will provide the required rule 49 documents to you as soon as received and reviewed by this office.  Mother believes she has most of them gathered and will provide them to my office as soon as possible. 

2.  Mother denies that she "trashed" the community home upon her departure. 

3.  Mother does not agree that you may take self-imposed credits for child support.  Your child support is $350.00 per month commencing May 15, 2011.  Please pay the child support as ordered. 

4. Please note that since you acknowledge Mother is out of the home it will be assumed that you will pay the water/city bill each month even though it remains in both parties names. 

Please do not hesitate to contact my office should you have any questions or concerns regarding this correspondence.  I look forward to working with you on this matter. 

Very truly yours – "atty"

Mrs. "atty" - I have received your email.

I would like to resolve this issue without further delay.  When A and I discussed this matter initailly we thought we could have this resolved at the 61 day point.  That time period has come and gone and I have yet to receive any offer from you to find a suitable conclusion other that what was stated in the injunction.  I agree to most of the terms of that you asked for in the injunction and would like to open negotiations on the remaining matters.  All I see that needs to be done is establish what our debts and assets are and how they are going to be split.  Please let me know if you and your cliente are ready to complete this process.  At this point you should have a complete listing of both.  I would like an appointment with you and your client to review our debts and assets and distrubute them between both parties.

1.  The injunction asked for a 50/50 split of our debts.  Putting aside items that have debts associated to them that should be a fairly short list.  At that point it is my understanding that any debts and associated items go to whoever gets the debt. 

2.  Your client appears to have canceled the automotive insurance policy on the Ford that is in both of our names.  When I logged into our insurance account it says we don"t have any policies in effect.  Because the vehicle is in both of our names and still being paid for, we both have to have insurance on the car.  A could still be held liable for any damages from any accidents or otherwide until the Ford is transfered to my name.  If that item is no longer in dispute, can we put that in writing so I can transfer the title to my name and obtain insurance without A having to be on the policy?

3.  My child support is $300/month and A has refused payment at this point, saying it needs to go through the court system to be recognized as child support.  I will start payments as soon as I have instructions as to where to make the payments. 

4.  I received a tax refund check for the amount of $430.39.  I will be using a portion of those funds to pay Allysons remaining part of the water bill, and maintence on our house to meet HOA and city code for infractions that occured before her departure.  I will fax a copy of the receipt for the maintence on the house and a copy of the refund check to you.  I expect a copy of the SRP final statement and refund check to be provided to me.

5.  I would like to move forward with some sort of agreement on the family residence.  Please find our what your client wants to do with the house so we can move forward.  I am unwilling to make any decisions or follow through with any action to save or sell the house until I have an agreement in writing.

Sincerely,

G

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