Taking Off To See the Man!

   I am on my way to airport with the whole family plus Amber. We are so excited. It is 1100 my time and I will see D in12 hours!!
  WhoooooooooooooooooHoooooooooooooooooooooooooooo!!!
   I will be Bloggin while I am there. Stay tuned!

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The Case Conference With The Judge

  The only entry I care to make at this time is that D will be in Canada until at least September. That was the date set this past Tuesday the 24th by the courts. All in all we are very pleased by the outcome other than the date. We had an idea in our heads that this was going to be a 3-6 month process.
  I felt rather melancholy on Tuesday but I had my trip to Canada to get ready for so it helped. Thank you to my friend Ronda who answered the phone when I needed to talk to someone after I heard the news of September. I am grateful for you and I love you guys!
  I will Blog about the details once I can sit down with D and get the facts in order.
  Until then on this topic...
 
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A Very Long Weekend

  D had gone to the lake with his cousins for the Victoria Day long weekend. He missed out on so much family time over the past 12 years and he deserved to catch up. We did not have contact for several days. The short texts kept me going.
  I had a tough weekend to say the least. I try to remain strong and keep my chin up. I am not made of steel and there are days when I feel down for a while. I don't stay there too long. It serves no purpose.
  I have a great group of like minded friends that I meet with every other Sunday. I was especially grateful for them this past weekend. They are filled with energy and positive thinking. They feed me with love and kindness. They lift my spirits just by BEING who they are. Thank you Kyle, Linda and Doug. I love you guys! D misses you all so much. He misses our Sundays too!
  My sons Stephan and Kyle are there for me anytime I want to grab a cup of coffee. It's most enjoyable to just sit with them and take my mind away for a while. I am so grateful to them both. Thank you for BEING who you are. I love you both so much!
 
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Research On B & D

    I decided to spend some time over the weekend doing some investigating of my own. Trying to stay one step ahead of the court game, I Googled myself and D's names. I figured that Sharon and Atty would have most likely done the same. At least something similar if not that.
  Just as I had suspected my name came up in dozens of places due to my involvement in so many projects, businesses, social sites and groups. I verified certain data that came up and made note of it all.
  D's name came up in a few places only. His name was linked to a site about "Happy Bachelors" (the point was to stay single) and it had to do with the article written about him in 1997 in a National paper:

   "In the case of DM, when determining the postal worker's income, the judge added an additional $300 a year he would earn if he delivered extra flyers -- thus turning an option of earning more money into an obligation.

  The stories are remarkably similar across the income spectrum. In 1997, DM, a Winnipeg postal worker, had a take-home pay of $1,900 a month after quitting a supplementary part-time supermarket job during an ugly divorce that included false sex abuse allegations against him. Having been ordered to pay $2,000 in monthly child and spousal support by one judge, he was forced on to welfare until another reduced his payments to a more manageable $910."

  Everytime I read this it amazes me in more ways than one. I sit here pondering this as I type. I knew about this article in the past however it was interesting to find it on such a site.
  His name also came up as the manager of one of my companies. Not an issue.
  We are who we say we are. We've done what we've said we've done. Whatever information is requested will be provided if possible. They can turn every rock over. There will not be any surprises.

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D's Filing Deadline!

  D ran around on foot making copies and dropping files off on Thursday the 19th of May.  By the time he'd gotten to the court to file his papers, the fellow behind the counter informed him that his 500 page stack needed to be bound. Well who knew? He actually was quite sympathetic and advised that at the very least place they would need to be in a ring binder.  D was certainly not going to get these professionally bound.     
  Back to Staples he went. By the time the hole punching was done, D stated he'd let out all of his frustration. That poor 3 hole punch took a beating with D placing all of his weight on it to get through as many sheets as was possible for time saving.
  There was a customer trying to talk near him and he was making so much noise at that "hole punching" station. "Kabang" over and over. We laughed as he recanted the story.  The lady just kept talking to the store clerk. 
  Laughter is great medicine.

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My Thoughts...

  Abundance shows up in a variety of ways. The only one we truly are and want to continue to be connected to is love, peace and freedom. That is absolute abundance to the both of us.
  All of my experiences have played a valuable role in who I am today. I appreciate every single person that has crossed my path. Thank you! Here are some of my thoughts...

  "It matters not what house I live in...it is shelter and I am grateful.
  It matters not how much money I have or do not have...I am detached from monetary value.
  It matters not where I live on this globe...it is temporary and it is not where I am from...I am grateful for what it offers during the time I am there.
  It does matter how I show up in every moment of every day so that I am true to myself.
  With this outlook and belief I can BE anywhere. I am not attached to anything material. If it all had to disappear tomorrow, I would still BE me. I feel this to the core of my BEING!"

 Having D by my side is unequivocally an awesome bonus that I am so grateful for every day!!! I love YOU so much. You are so generous, loving, tenderhearted, honorable, flexible, open, honest, willing, patient and so much more.
  You are already effecting change my friend. You stay the course with those intentions coming straight from your heart, NOTHING can ever throw you off course.
  I am in this with you as long as it takes. Know it and feel it baby. I love you!

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The UPS Package Arrives On Time

  By late Wednesday afternoon May 18th, D had his 5lb, 500 or so page package of documents.  He'd spent part of the evening and the following morning spreading it out and becoming familiar. We'd spent time going over all of the important details by phone on Thursday morning.
  D was near elated about how "poor" he looked on paper. We both laughed. He could not believe how good he felt going through those tax returns.
  It was a comforting feeling to know that the documents requested were in line with what he'd been saying all along. He had no money and he had made very little income in the past 10 years. This was factual.
  He would have to make copies of all of these docs and get them filed with the court today! His turn to go to the office supply store! I did not envy him.

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The Notice To Appeal

    D informed me the day prior that an appeal would need to be filed before the 19th of May. He had 30 days to appeal the decisions made from the April 19th hearing. He was doing this for many reasons  I would have to create it and file it within 2 days. D had alot on his plate and left it to the last minute. This created a little squeezing feeling for me. I would have to put on my attourney hat now.

  I will not disclose the exact details at this time in order to protect the case as it unfolds. I will reveal all of the information at a later date.

  Thank goodness D had a template from filing documents with the courts prior to leaving. I used it and created a new document pertaining to the appeal. I ran it by D and he ran it by Krista. No changes were advised.
  I added more language to it and filed it for $88 on May 18th at 1130. Done!

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5/16/2011...Maintenance Enforcement Hearing

  First things first. The box had to go to UPS. I was told there was overnight delivery to Canada and that I would get my money back if it did not arrive on time. They could not guarantee that it would not be held up at the border. We would soon know. I opted for 2 day delivery for $85. D was to get it on Wednesday afternoon. This was very hopeful.
 Secondly, D's hearing took place at 1400 Manitoba time. D went before a Master (a judicial officer appointed under section 11.1) and a Prosecutor, both representing the Crown who is on the same side as the petitioner (Sharon). The prosecutor stated that she was surprised that Sharon was not there. D's sister Krista was there with him.
  There was a dialogue between the 2 parties and no resolution. The Crown (prosecuting party) made no decisions as they seemed to be in the dark about all of the events surrounding D's case. They were ill prepared. The arrest warrant and the contempt of court charges were both brought up. They did not wish to dismiss these as they were uncertain of the reciprocity between the 2 countries.  Krista asked that these be dismissed as D had already been convicted of contempt and would face arrest in AZ upon his return. He could not be convicted twice of the same charges. They opted to adjourn the hearing to June 20th. D felt that they did not seem to understand that it was the Maintenance Enforcement in Canada that pushed the AZ Courts to honor the existing orders for child support. The trigger was pulled in Manitoba. The confusion remains a mystery.
  Here is an exerpt fom the Manitoba Department of Justice/Family Justice/Family Law website:

"Enforcing Support Provisions Against Persons Living Outside Manitoba

If a support payor lives outside of Manitoba, the order or agreement can be registered and enforced elsewhere in Canada, and even in another country as long as Manitoba has mutual maintenance enforcement arrangements with that country - a reciprocating jurisdiction."

   The positive outcome from the hearing was that the Crown was not going to elevate this to a show cause hearing. That was indeed good news! We must look at the bright side. We were grateful.

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The UPS Pick Up...Did We Make It?

   We did not make it. We missed it by 5 minutes. It turned out to be in our favor without a doubt. It was Saturday and this would mean we would lose 2 delivery days to get D the docs.
  I was with Kyle and he texted D to let him know that I did not make it. I tried and had run into some snags. I was so sorry. D texted back not to worry. I didn't. It would not change what was.
  I had spent most of Saturday a.m. going through all 500 or so pages of tax returns and other papers. I wrote notes for D and organized it in sections for his ease.
  I had to print some files and copy some to my flash drive. By mid afternoon the 5 lb pile was ready to take to Staples for photocopying.
  I fed the photocopier sections at a time. When I was done, the copies were not collated and were completely out of order as were my originals for whatever reason. I was so discouraged. Needless to say we were at Staples much longer than anticipated and missed the last UPS pick up of the weekend.
  Good thing too! I sorted through the two piles the next morning and came to find that some pages were missing and others were still out of order. I rearranged both stacks and was so glad to put the copies in a box, seal it, address it and place it at the door.
  I had acquainted myself very well with that stack. This would be an advantage as I could go over it with D once he received it at the other end.
  I probably watched some mindless comedy that night as I did not want to have one thinking cell in my brain do any more work.  My cranium needed a siesta!

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Mandatory Enforcement

  I would never have seen this one coming. Going back one day to May 12th, 2011...yet another document arrived by mail. This time from the DES Division of Child Support. This one was titled Health Care Coverage and Cash Medical Support.
  In essence, DES was required by Federal and State Law to enforce that D provide information on his health care coverage as ordered by the court on April 19th. D knew nothing of this and it was the first time he'd heard about any "health coverage" topic. This was not discussed at all during the hearing.
  The paragraphs as they were written:

  "If you do not give us this information, a National Medical Support Notice will be sent to your current employer. This notice will require your employer to enroll your child/(ren) in the health plan available from your employer.
  If Division of Child Support Enforcement does not receive proof that you are providing medical support within 90 calendar days since your court order was signed, you will be responsible to pay a monthly cash medical support amount of TBD. This amount will be added to your child support obligation and we will begin to enforce and collect the cash medical support."

  More disarming would need to occur. More energy expended. D would need to act on this and communicate with DES. Communication and common sense seemed to both be non existent. The courts had it in writing that his children and Sharon were in Canada and that they lived there. They also had their DOB's on their court orders so there was proof that they were both adults. Anyone living in the USA is very aware that insurance coverage in the USA would not cover them out of state let alone across countries. Most employees cannot afford the premiums of health care benefits. Premiums for a family would cost approximately $600.00/mo on average.
  We could not spend time nor our strength on frivolities such as trying to figure out why this was going on or feeding any negativity related to it.
  I emailed the scanned docs to him with some comments:
 
  "Denis here is the form....and info.....when u call DES let them know as well that this makes no sense in 2 countries and that ur kids are adults and
Canada Ins is free.....not trying to tell u what to do or say but trying to
help so you don't always need to think of everything....I think this is the
OBAMA care stuff as mandatory.....not necessarily mandatory to cover ur kids but mandatory that DES needs to collect the info regarding your status on this issue.....what is so frustrating is that u told the courts that you
were in Canada and not working yet all of this manpower and paperwork keeps coming.....it must be auto generated because it makes no sense....yet again then it must be the gov't!!! HAHAHAHAHA!"

  We had to keep it light many times because we could easily get bogged down with the weight of it all if we allowed ourselves to. Hope you readers have chuckled here and there along the way also.

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The Inaccurate Document

  All of our federal returns were done correctly and filed as they should have been each and every year. This was not the problem. It was the document that accompanied the returns. This was a key item for D up in Canada.
  I sent an email to my CPA, David the moment I discovered this in the morning on the 11th. He responded in the late afternoon near 1600 with the following:

"Hi B, I have briefly looked at 2009 return based on your questions.  It looks as though we were not as consistent as we should have been with “XYZ” notations on "XYZ"...etc, etc"

  I will not disclose the exact details at this time in order to protect the case as it unfolds. I will reveal all of the information at a later date.

  That was an understatement.  David and I went back and forth via email as he was going to take "the week" to review everything in order to see what was needed. We did not have the luxury of time. I stressed the urgency and with his approval and his assistant Emily's due diligence and persistence over the next 2 days, we had all of the corrected documents uploaded from their website as well as a copy of the 2007 return.
  I went to the mailbox and all of our IRS transcripts arrived. I was not certain what they would show.
  The transcripts were a beautiful sight to my eyes. They were accurate and they reflected the same figures as on our returns. Relief at last!! What a weight lefted from my whole body.

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Double Whammy on May 11th

   By that afternoon I felt emotionally drained. The day was still young. I retrieved the mail and there was yet another letter from the Maricopa County Superior Court.
   It was the "fill in the blanks" handwritten version of the findings from April 19th. The "COPY" of what was transcribed in the courtroom that day. OK nothing new. Whew!
  Then,  I read the last page that came with the documents. This paper was orange. It was "Important Information about the Judgment and Order". Most of the information I was aware of.  There was one bullet that gave me a jab to the side. I will not disclose the exact information at this time in order to protect the case as it unfolds. I will reveal all of the information at a later date.
  I had spoken to D earlier in the day to let him know about the tax debacle. I brought him current in the early evening.
  I emailed him these new court docs after we'd talked. Both of us felt quite a bit of pressure that day. These reality checks kept it feeling very real. Moving forward though. We had to keep it all together and stay strong for ourselves and each other.
  D would call DES here in AZ and let them know again that he was in Canada so that it could be noted in his files.
  I would do everything in my power to get the necessary documents to him on time.
 
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