Mom Makes Fake Excuse To Block Dad's Parenting Time — Judge Wasn't Buying It

Ajouté : 2026-05-22

[00:00:00]motion regarding custody. There's also a show cause as well. Parties are present, would you all please raise your right hands? Do you solemnly swear or affirm that the testimony you're about to give in this case is the truth, the whole truth, and nothing but the truth, so help you God? I do. I do. Thank you.

[00:00:13]Can I hear from the friend of the court first, please? Let's go with the show cause. There are two show causes that the friend of the court filed for today, your honor.

[00:00:20]Um, the first was an allegation that Ms. Murray failed to include the minor child's medical appointment on the Apple's calendar, um, that order entered on April 9th of 2024, and it requires that the Apple's calendar be updated no later than 3 days after the appointment date is received um, for each of them.

[00:00:40]Second show cause, um, Mr. Yarbrough alleges that he was denied parenting time with minor child for the weekend of September 20th through 22nd, as well as the weekend of October 4th through um, Mr. Yarbrough did write out um, some detailed explanations of his attempts to pick up the minor child, including arriving at Ms. Murray's residence timely and waiting a full half hour. Mr. Yarbrough, let's begin first with the alleged misparenting time. Yes, um, I just my regular parenting time I go over to her house cuz that's where she is at, at her house, at 6:00 on Fridays, and either her car's there or if not, or if not I just sit there. I just I go up and knock on the door, nobody answers, so I just sit in my car for a half hour, and and if Ms. Murray doesn't hasn't come out, I leave, and then I put it in my 20. Okay. So, did you have parenting time? Were you Was it the time of September 20th through 22nd and October 4th through 6th?

[00:01:36]>> Yes.

[00:01:37]And you did not receive the child in any way, shape, or form? No. Was there any explanation provided to you by mother?

[00:01:43]She said because I didn't have the pump training for the new pump he has on, but I had him all summer from Father's Day weekend to middle of August when I had him.

[00:01:55]And then after Labor Day the I had After Labor Day the and after that that's when she tried saying I had a the training but I wasn't able to take her with me.

[00:02:01]When was the new pump installed? I have no idea cuz she didn't tell me okay. I want to say if I were to guess it would probably be end of winter spring time maybe.

[00:02:10]So you had the child with the new pump?

[00:02:13]Yes.

[00:02:14]And um in spring time and all summer long. What about your allegation of medical compliance show cause hearing?

[00:02:20]That was cuz she didn't and then it was past 30 mark and I hadn't seen any uh new updates on the new appointment because sometimes she would ask me to take him or we've been kind of starting to every other appointment that we take him we switch uh taking his appointments and so when she took him to the last one she didn't put it on the calendar within the 3 days so if you would have asked me to take him how am I supposed to know when the appointment is if it's not especially if it's last minute.

[00:02:46]So that's why I complained. And are these the endo appointments and endodontologist appointments? Yes, correct. And you're stating under oath that they were never put on the calendars? That first no and then this last one she did put it past the 3 day mark. It was I think it was 4 days later or it was 1 or 2 days later past the 3 day mark. Anything else before I go to this one? No.

[00:03:06]Can I add just one thing before you go to this one? Sure. The friend of the court office received an email from Miss Murray on October 30th. I did not file this in the court file because it was not filed or filed this but it is in our correspondence file.

[00:03:20]Um and Miss Murray had indicated to our office that she did put child's in the endodontologist appointment on the calendar but had to redo it because it didn't enter correctly.

[00:03:32]And then there was also as part of that email a request for the friend of the court office to speak to the child um and I did respond and say that we would not do so. We don't discuss court matters with a child with the exception that if the court is doing an in camera interview or we're ordered to do an investigation. Miss Murray your response to the show cause. So the show cause I remember going to court back at the end of May and you ordered him to take the pump training.

[00:03:58]And on in court. And he lied to the endocrinologist and he kept telling me he has nothing to prove to me.

[00:04:05]And he knew about the pump training and he knew when he when B was getting it put on.

[00:04:13]He knew about it at the beginning of that week.

[00:04:16]When was the pump installed? I want to say the pump was installed in April.

[00:04:21]In April?

[00:04:23]Okay. So, I do recall an order, I believe, about he needs to go to the training, but did you send the child to father without the training throughout the summer? He told me that he had the training and then it came down to it that he didn't have it and I just got a phone call last week from the doctor's office to set up pump training. Okay. So, if the pump was installed in April, when when do you claim he told you that he did the training? Uh right before school got out. So, sometime in June? Yes.

[00:04:56]Okay. So, the month of May and the early part of June he did not have training, but you sent the child to the father, right? Correct. He then told you sometime in June that he did do the training in the summer with he had the summer with the child, right?

[00:05:12]Correct. Why would you send the child after the pump was installed in April up until June if he didn't have the training? It's like if I'm damned if I do and I'm damned if I don't. Then I'm in show cause for not sending him and then if I do and something happens then it falls back on me because I failed to protect the child. Okay. What about the parenting time? The two weekends.

[00:05:33]That that's the reason, right? Right.

[00:05:35]Okay. When did you discover that he did not undergo the training? When B came back home and said that he told the endocrinologist that he did have it and then I go he didn't because he doesn't know some of the things that Well, I'm asking when you found that out.

[00:05:51]>> happen with the pump. When When did you find that out again? The beginning of September.

[00:05:55]September. Okay.

[00:05:57]What about placing the appointments on the app close? When I did it, it messed up and it didn't it put it in for that month so I had to go back in and delete it. And I redid it and it got shared to Shawn on the app. Mr. Yarborough, did you have parenting time in September? No. This is just a labor day weekend. No that That was my holiday and it was a birthday weekend. Okay.

[00:06:19]All right.

[00:06:20]Regarding the show cause, regarding the appointments, placing them into the app, it has to be done 3 days no later than 3 days after the appointment date is received. I receive an explanat- I not an explanation. Mr. Yarborough states that they were never put or not placed in there or placed late. Plaintiff's response is, "Well, I placed them in there, but they were wrong and I had to go back and correct and then he did get notes." I I I don't know who to believe.

[00:06:46]The show cause portion is dismissed.

[00:06:47]Relative to the denied parenting time, I find mother in contempt.

[00:06:52]The reason I find her in contempt is because first, there is an allegation from mother that dad lied about pump training. However, you wouldn't be sending your child after April through first part of June to father if pump training had not been done. She had no concern at that time.

[00:07:12]But she did have a concern in late September and the first week of October.

[00:07:18]You can't have it both ways. As a result, I find her in contempt, denied parenting time. There was no rightful reason for it. Now, dad, did Did you tell her that you did do training when you didn't? Not what you told me when she's claiming I did. No, I never I never told the doctor that I did training. I took him to his two appointments in the summer and we went on the appointment as long as everything was okay. Nothing was right about the training at all. Well, why why didn't she go to training early on after the new pump was installed?

[00:07:48]Well, she didn't tell me. Like she's claiming that I got told a week before the pump training. No, she never told me he was getting a new pump. But I have to assume though when you had the child for summer that it was a different pump, was it not?

[00:07:59]>> Yes. That's correct. Yes, that Okay, so you were put on notice, but did you do the training at that point?

[00:08:04]>> No. Why not? I thought since I had him all summer that I I had everything was okay and I had his levels at good uh levels. In fact, his uh his endocrinologist was impressed about his A1C levels. Well, that that's all well and good, but who ordered the pump training? And I do have it done now though, right? Yeah, you can't have it both ways either. So, I mean, the gamesmanship between the two of you has to stop. You're talking about your child's life now. We're not We're not talking about maybe missing a uh some medication for I don't know. I just an antibiotic. You You missed an antibiotic.

[00:08:41]You didn't give the child the antibiotic. This is life changing stuff.

[00:08:46]And when you get to that level where the child is below a certain blood sugar level, who knows what's going to happen?

[00:08:53]And when you have the hyperglycemia, what's going to happen there? I'm glad you got to undergo the training, but you just can't sit on your laurels and say, "Well, he had a great A1C this summer. Everything's fine." There's That's why the court ordered that.

[00:09:08]But no reason for the denied parenting time.

[00:09:11]Father is allowed to make up that time within the next 6 months.

[00:09:16]In addition to that, I am also going to order a fine in this matter. This is not the first time though, is it, Michelle? Yeah, I know.

[00:09:24]We We have been here on a number show causes. Um however, I do believe that I believe Mr. Yarbrough has been granted makeup parenting time previously, but I'd have going through the file to verify that.

[00:09:37]I'm going to have to give you an answer.

[00:09:39]I find bad faith on behalf of mother.

[00:09:41]She allowed the child there without pump training after April.

[00:09:45]But then it was convenient in September, October. $250 fine.

[00:09:50]Will be due and payable to the friend of the court's office by December 13th, 2024.

[00:09:57]Let's talk about the custody and parenting time. What's the motion regarding custody, Mr. Yarborough? Um I don't know if you're aware, but Bentley is Bentley is suspended >> Don't use child's Our child uh has been to school since October 17th until after Christmas break because he the kid was picking on him and he threatened to bring a gun to school. So he apparently is suspended from school for that and his grades are failing again. Like he just got off probation just like 2 months ago and then this has happened again. This is getting getting gotten worse.

[00:10:32]And I feel like with um how bad it's gotten, I want a chance to correct it and because I feel like he's been going down a dark path and I want him a chance of correcting this. I mean he's his his attitude's gotten worse, his behavior, he even in a message once said that he cuz he claims that I told his mom one day and uh they said that I was a dead man. It's not a threat, it's a promise.

[00:11:00]I got the message to prove it.

[00:11:02]And the facts when the day the weekend he got suspended, I went to the meeting at the school and when I found out what happened, I took him back to his mother cuz it wasn't my time yet and uh she thought in what he said was he done it cuz the kids were picking on him for years. So she let him go spend time with other friends all week long and not disciplining for it.

[00:11:25]And I thought that was wrong kind of parenting.

[00:11:28]You made other allegations in your motion regarding the home. What's that about?

[00:11:33]With um the the day that he got suspended, I wanted to call the police. She didn't want to, but then that following day following evening, she text me on the app asked me to come over to her house and talk to her. Talk to her following day. I had time. She said, "Can I come over?"

[00:11:49]"Okay, I'll be there."

[00:11:51]We're in there on the in her house a few minutes. We're talking and then started arguing about it because she thought because the same kid that's been picking on him since first grade that he was bound to snap and react that way is what she was claiming. It seemed like It seemed like she was condoning what he had his actions were a kid picking on him.

[00:12:13]And so then when I with the argument started getting heated, it was going to so I'm I'm leaving. We're arguing and it's not getting solved. I'm leaving. I tried to leave. She put her hands on my face. She pushes me to try to stop me from getting out of her house. So I used my forearm to slightly kind of push her arm out of the way so I can leave. And then I walked out. There's She had friends on the porch. I had to get out of the way. I said, "Excuse me." And then I left. Police called? No, because I had a prior commitment that I had no time to make arrangements to go through.

[00:12:46]She said she was going to call the police and I never got contacted at all because she thought I was the one that hit her or something. But you make allegations regarding her home as well, right? What are you implying with the No, in your in your in your document.

[00:13:00]Oh, because her cleanliness of her house cuz of the CPS, I think there's still an open case with that. With her There's still I think they have visits every once in a while. And I don't think it's still always clean cuz when I was in there that day, it was still a mess.

[00:13:13]Not as bad, but it was still a messy house. Okay.

[00:13:17]As far as your response to all this, please. Your Honor, there is domestic violence case downstairs with our client, and as far as I know, there will be a warrant out for his arrest.

[00:13:28]There was police contact that following Monday morning. The court will review the civil records. Yes.

[00:13:35]This is alleged to be a 24, obviously.

[00:13:38]Mhm. Not 23.

[00:13:39]The police know.

[00:13:41]According to court records, there's nothing pending against Mr. Yarborough.

[00:13:45]The court takes judicial notice of the other files that the court has opened in this case, and the court is well aware of them. Uh but the one file that I should state, there must be proper cause or change in circumstance to warrant a review of the custody factors to determine whether or not custody should be changed.

[00:14:01]As I understand it, I believe the parties have joint legal, joint physical, but the mother has primary. The judgment of divorce had granted joint legal, but Ms. Murray has Physical. I I stand corrected. All right.

[00:14:15]Father is requesting physical custody based upon the allegations that he has stated in his pleadings and what he has stated in open court this morning.

[00:14:23]Based upon the standard of change in circumstance in the last order, again, the court is aware of the pending uh file in the family division that has the the suffix NA. That matter is still pending and [clears throat] hopefully getting to work conclusion at this point. Uh it's been ongoing and hopefully that matter can be resolved. I I find no change in circumstance regarding that. Regarding the Yes. I'm sorry to interrupt. Before we move forward, uh could the court just verify with Ms. Murray that my child is not in the car? She she's dropped him off at 9:30 for an hour of schooling.

[00:15:02]Oh. Past the hour mark, I didn't see her. Is the child in the car? He just got out here. What What What did you say? He just got back out to the car. He just walked in? Yes. [clears throat] He didn't hear any of this beforehand?

[00:15:17]No.

[00:15:18]Can you have him step outside the car for a moment? Please tell me when he is outside the car. He's outside. Okay.

[00:15:25]He's outside the car.

[00:15:26]Okay, thank you. Um regarding change in circumstances relative to at this point speaking with Ms. Schultz, there may be something pending regarding that.

[00:15:38]However, there is nothing pending that the court has reviewed relative to allegations of domestic assault assault by either party against the other approximately 2 weeks ago.

[00:15:48]It's not to say that it may not happen.

[00:15:50]I don't know what goes on in the prosecuting attorney's office. That's an executive branch function.

[00:15:55]And if it comes before a court, it comes before a court. But there's nothing pending at this time.

[00:16:00]I'm very concerned about the child's behaviors.

[00:16:03]However, as it pertains to a change in circumstances at this point, I don't see it.

[00:16:08]As a result, the motion for custody is respectfully denied as there's a lack of change in circumstances in this matter. I've already addressed the show cause in this matter.

[00:16:19]Bottom line >> [clears throat] >> to Ms. Murray number one, those dates have to be correctly entered within 3 days. When the court says "Pump training, complete that", complete it.

[00:16:31]It has been completed. You stated that under oath.

[00:16:35]And uh this is a reset now.

[00:16:38]I have a feeling that uh this case not in this particular venue, but in another venue in the form of a DL will be coming before this court.

[00:16:48]And parents need to be absolutely unified for this child's best interests.

[00:16:52]And so, let's reset it. Let's refocus it. But I'm denying the motion regarding custody. I've addressed the show cause.

[00:17:00]And that is all. Good luck to you. Thank you. Off calendar.

[00:17:04]The truth, the whole truth, and nothing but the truth, so help me God. Yes.

[00:17:08]Thank you. You may put your hands down.

[00:17:10]Ms. Moody is objecting to the support recommendation in this matter.

[00:17:13]And uh let's hear from the friend of the court, our friend Friend of the court had completed a mandatory review of child support in this action, your honor, and we did recommend that Ms. Moody be responsible to pay support in the amount of 268 hours per month, which includes $34 ordinary medical for one child, effective June 27th, And according to the objection as I understand it, she is comparing gross versus net income, correct?

[00:17:44]>> Um it it did appear that way to me.

[00:17:47]When Ms. Moody filed her objection, I had requested some updated pay stubs from her. She did provide that information finally. Wait. Um so I was able to review that. The friend of the court had used an average weekly earning of $694.95 on our calculation. Um she does work a 40-hour work week, but there is some overtime that is included as part of her So it is base earnings are $600 per week. There is approximately $100. She never did have $94.95.

[00:18:19]Okay. What was the support amount before?

[00:18:22]Um the last The current support amount Ms. Moody is paying $90 per month. And I will note for the record that we did not impute income to Mr. Kibble. He has means based on Okay. That's how we knew the difference now. Yes.

[00:18:35]That's it. Um at the time of the last calculation, that benefit was in place also.

[00:18:40]Um but Ms. Moody has changed jobs since then. She recently gained a Okay.

[00:18:45]Okay.

[00:18:47]Ms. Moody, your objection. Yeah. The bonuses that are on there for the weekends, that will not always be there.

[00:18:53]The current employer that I work at right now, they are in the process of opening a different place, which they have opened, and it should be we are short-staffed right now.

[00:19:03]So that's kind of a thanks for you know, working your weekend, here's that, but that's not always going to be there. I don't know when it will end, either.

[00:19:12]I just know that I thought it was going to be for a period of time. So, that extra $200 that's on each paycheck will not always be there. So, Ms. Schultz, if if it's a standard 40 hours, it was $600. Check. 600 So, it would be 600 a week and not ultimately. I apologize. Um if the court wishes to know the support amount based on those earnings, I can run that if you would like me to do so. Sure. Sure.

[00:19:38]While you do that, like you're for Mr. Kibble. Mr. Kibble, do you have any comment relative to this?

[00:19:43]No, sir. I'm just No, I ain't got nothing to say today. Okay.

[00:19:47]Very well. Uh support amount would be $229 a month, your honor.

[00:19:52]Um ordinary medical at $34.

[00:19:55]That would be based upon With excluding overtime, that's just the standard 40. Base earnings. Okay.

[00:20:02]Thank you.

[00:20:02]So, taking the plaintiff's sworn testimony that if it's going to be based on 40 because the bonuses won't be here that long, support amount will be 229, which includes [clears throat] $34 of ordinary medical. Position on that?

[00:20:20]That's fine, but if it's backdated to June, that's going to put me in a whole bunch of arrears cuz it has more You know, I was paying 90 and now it's all of a sudden I'm at 200. That's going to put me in massive arrears. Right. It's better than 694.

[00:20:34]Right.

[00:20:36]Mr. Kibble, do you have any comment on the 229? No, sir. Ms. Schultz?

[00:20:41]If if the parties wish to do a stipulation to change the effective date, there's nothing wrong with that.

[00:20:46]No objection to that, but they would have to sign something.

[00:20:48]What did she say? Basically, you can stipulate to the backdate or the date that this becomes effective to be what you agreed to. You could agree to a different date other than June 27th. So, we can start it now? It could be it could start it now.

[00:21:04]So, she You have to She won't have to pay that? Correct. That's fine. It's fine with me.

[00:21:10]229 effective November 1. Any questions?

[00:21:14]No, sir. This is Mr. Schultz's objection to a friend of the court recommendation.

[00:21:19]Parties are present. Would you both please raise your right hands? Do you solemnly swear or affirm that the testimony you're about to give in this case is true, the whole truth, and nothing but the truth, so help you God?

[00:21:27]Thank you.

[00:21:28]The objection, as the court is aware, is I object because of the amount. Mr. Schultz or Mr. Holt? The friend of the court had issued a child support recommendation. Uh it recommended that defendant pay support in the amount of $525 per month, including $23 ordinary medical, with an effective date of June 1st, 2024.

[00:21:51]Um that support calculation was based on zero overnights to the defendant because there is not a set parenting time order in under the court file at this time.

[00:22:01]And we had also used potential imputed earnings to both parties.

[00:22:07]Was this a mandatory review? This was a court-ordered review. Oh. Okay.

[00:22:11]>> So, yes, it was mandatory. Okay. Thank you. Mr. Schultz, what is the concern relative to the support, obviously other than the amount? But go ahead. Um $1,200 every 2 weeks.

[00:22:25]She makes $1,200 every 2 weeks? Yes.

[00:22:28]And and my rent is $1,000, including maintenance, electric, water, and gas.

[00:22:36]And my car payment and car insurance. I also have a phone for my son and me.

[00:22:42]That also is $200 [clears throat] that until 20 getting compromised.

[00:22:52]My living Mr. Schultz, the the testimony was $1,200 every 2 weeks.

[00:22:58]Was the imputed income amount Is that higher or lower? $1,200 bi-weekly would equate to $2,610 per month. $600 a week times 4.35 weeks.

[00:23:09]Friend of the court office views $2,871.52 as a given income, so a $200 difference.

[00:23:17]So, you're stating under oath absolutely $1,200 every 2 weeks. That's a yes? Yes.

[00:23:23]Okay. What was the support amount before this? The support was previously abated because the minor child had moved to reside with the defendant. I see. And subsequently returned to the plaintiff's care, and we have a support and parenting time is being exercised. I think that would be um a bigger impact on the population because he did do several overnights. I don't know what What does he do with parenting time? Are there any overnights? Not currently because of his situation. Do you have pay stubs that you can present to Miss Schultz?

[00:23:56]>> on an app on my phone.

[00:24:00]Okay.

[00:24:01]What is your profession, if I may ask?

[00:24:03]Direct care. Okay. It's hard work.

[00:24:06]Miss Schultz, you know where I'm going with this next question. Rather than 20 871 what would support be at 2600? Just a moment. I I lost my That's going to happen. I will say that the difference in parenting time is That's what I'm anticipating as well. Is there public assistance as well? But I wanted to put him on my my insurance starting in January. Okay.

[00:24:30]Any other assistance other than the insurance? Not that I'm aware of. I'm going to have to have back surgery, so >> [clears throat] >> we're going to need cash assistance and food too, I think. That would be $490 per month including $22 ordinary 23 ordinary?

[00:24:49]Yes. 20 22. 22. All right.

[00:24:52]I understand mom's plight regarding rent, car payments, cell phones, all that good stuff. I get it.

[00:25:01]We live in an economy now that everything is through the roof. You go to the grocery store and you get a bag of groceries for 100 bucks, and that's not much. However, the court is bound by this book, which is the child support formula.

[00:25:13]And when it comes to those types of expenses, that's not to be considered relative to support. We look at gross.

[00:25:19]Considering mom's position, and I take her at her word that she is making that amount of money, rather than the support amount being the 525, the court will reduce it to 490, which includes $22 of ordinary medical.

[00:25:37]If there's a point in time that public assistance is no longer an issue, parties can come before the court, we can address it at that time. But, I will reduce [snorts] it to that amount. I have to follow the law.

[00:25:48]That's my final order.

[00:25:50]People are free to file an objection after a friend of the court recommendation. Both parties are present. They have no say in this. Both, please raise your right hand. Do you solemnly swear or affirm that the testimony you're about to give in this case is the truth, the whole truth, and nothing but the truth, so help you God?

[00:26:02]Yes. Father has objected to the support recommendation, and we have provided the court with an explanation as well. Your Honor, the objection that was filed by the friend of the court also received pay stubs from Mr. Ashore. Those were not entered in the court file under court policy. I can't see that information.

[00:26:21]Um, and I The friend of the court had issued a child support recommendation that support be set in the amount of $1,261 per month, which includes $68 ordinary medical for two children, effective June 25th of 2024.

[00:26:37]Um, the updated pay stubs that were provided to the friend of the court office by Mr. Ashore match the income amounts that we had utilized. Um, we did not include earnings to Ms. Ashore. She currently receives these benefits. And I know there are a number of other um areas within the objection. The calculation does include credit for a second child, Mr. Shore.

[00:27:00]And additionally, um there were no child care expenses. The children are both the age of 12. That's not an eligible expenditure under the support calculation.

[00:27:09]The health care could be addressed as a change in circumstance subsequently, but we have no information that there is insurance provided by Mr. Shore on his children at this time.

[00:27:20]As it relates to the minor child J, um child support for post-majority support may continue up to the age of 19 and a half. Um and the friend of the court does do a school enrollment attendance verification as part of that. Mr. Shore, first question is did the health care coverage change? So it has not. Um I believe the the children are on Medicaid.

[00:27:42]And therefore, I think that's that's, you know, in the best interest. However, if you'd like to add them to mine, I'll be happy to. I just That's That's strictly to you, Mr. Shore. If if the the health has not been changed, but if it is changed, what's the potential benefit to her to go on the support?

[00:27:59]I apologize. We did give credit for the private health care in addition to the public health care that are out there.

[00:28:06]There's There's currently a health care adjustment of $15 a month that is currently So, but if he were to go exclusively in his own policy for insurance, what's the potential savings to him?

[00:28:18]There There wouldn't be any. There wouldn't be one. There wouldn't be one.

[00:28:22]Medicaid as a secondary coverage is going to pick up the co-pays and deductibles on the private insurance.

[00:28:27]It's actually a benefit to keep [clears throat] that coverage in place depending on what he prefers. All right.

[00:28:31]So, Mr. Shore, I I can't assume either way.

[00:28:34]However, however you handle the insurance is [clears throat] up to you, but so long as the children are covered.

[00:28:39]So, if I may, Your Honor. Go ahead. So, the the I think it's it's it's the best interest to stay as it is just because it covers much more than what mine would.

[00:28:49]So, I think that that's fine. The the child experience I believe it was on the on the on the recommendation. I remember reading it.

[00:28:57]But but I don't know, maybe I'm wrong.

[00:28:59]I'm I'm not really sure.

[00:29:01]Uh but I think it was listed on the on the recommendation. I remember clearly I I don't have a written unfortunately the order. I can take a look at that. And then also the the fact that Miss Schultz was saying that the child support for the for for Jay could go to 19 and a half for schooling or what not. You know, I think I think we might have to revisit that. I believe it is in his best interest to end at the age of 18 for all the other issues that's been going on with him. I think I I think He'll graduate here.

[00:29:28]I I don't think he's in school. I think he dropped out of school. He hasn't been following your order to enroll in school. I think I think that the and this might be a little bit of a story but but just for the sake of conversation, I think the fact that that he receives some sort of assistance money assistance from the child support that he's receiving is leading him to all these issues that he's going through with with with alcohol and drugs and not. I think that if if if if we had required a little bit more discipline and responsible and enrolled maybe in in in school if not in some sort of a skill trade or or some sort of jobs or what not just to keep him busy and and distract him from if that is that he's going towards the way he's going it doesn't look like he's is going to be free for much longer. I know he's got to follow up with you on January 10th. That's when he turns 18.

[00:30:13]I feel that he's he's he might not have a place to go home if he doesn't if he fails out of his school. But again, that's a different story but I I I believe it is in his best interest to end the support for him as soon as possible so we can save him from from the behavior that he's with.

[00:30:27]Uh and maybe redirect him from into more responsibility. Well, according to Miss Schultz, the child is still enrolled.

[00:30:34]It's the child is not yet 18. So, 60 days before the child turns 18, which would be this month, we would start the verification process. If we receive verification that the child is not home schooled full time, then we will automatically establish her to be 18 at the age of 18 and then January 31st if he's not in school full time. So, we're not we're not at that point yet. We're getting close to it. And when when the child does turn 18, he can go to the back. When the child does turn 18, they do then believe me, they follow through.

[00:31:01]If they do their verification, the child's not in school, what happens to your support? It stops. It stops. When does he turn 18 in January? 2020. The day that he turns 18. Right. Another that's his birthday. And there was no talk about on that day, too. Right.

[00:31:16]Okay, I understand that. Okay, that's my you know, that's not a fair but uh Well, it at this point the court is going to find that that is is it's not right yet at 18 yet. Once he turns 18, obviously there'll be an automatic there by the friend of the court in the event he's not enrolled in school.

[00:31:33]Now, regarding all these other issues though, child care, obviously the children are above 12, that's not counted.

[00:31:40]Uh we already addressed the insurance issue. And Michelle mentioned that she says the you know, the calculation included the child will be the third child.

[00:31:50]Okay. But that wasn't again, you know That when when we look at a an additional a family adjustment on the case that we talked under the children at issues name, there is a line that says total other children and you can see that there is one under Mr. Ashour, zero under Mrs. Ashour. We didn't include an additional child family adjustment.

[00:32:09]So, we've addressed that as well.

[00:32:11]So, as to the support obligation at this point, [clears throat] it's going to remain. January 10th is another story. So, And if if by January 10th, we will know what's going on because we'll have a court hearing on that day. In the event that the child's not in school, friend of the court will do what it needs to do to reduce that support amount, but otherwise it's going to remain at this point. Can I say one more thing? Sure, please. Um so, in terms of the the income calculation, I know that uh this mentioned that uh The pay stubs matched. In terms of the mother, uh there's a >> No, in term terms of the No, my my issue is that He he is looking at at mother's, Your Honor, which we did not include her in these two years before because she receives no state income. So, if there's an argument that she should have a two-year earnings, that's that's his place. Okay. You want to argue with me?

[00:32:54]>> That's that's what I'm what I'm proceeding. I think that there's also an obligation. I believe that there is that there's also an income coming, and that should be included in in the in the calculation.

[00:33:02]>> What do you base that on? Uh it could be a social security, could be other other other source of income that applicable calculation, Your Honor. Uh We're looking for able-bodied income. In other words, she's able to work. Do you have any proof of that at this point?

[00:33:15]No, I do not. Okay. Yeah, yeah, I don't I'm investigating I'm investigating her.

[00:33:19]I don't I don't I don't know. And I'm only asking you for your question.

[00:33:21]>> I'm just I'm just saying it's very hard for me it's hard for me to believe that a person has been living on child support for over 12 years. Uh it's you know, it's it's just And there is, you know, she finally contacts every year.

[00:33:33]Uh So, I I don't know that there has some sort of income, but if you believe it's not, then then it it it's not. Well, let me know. Mom, are you doing anything other than what you're receiving in assistance? No, I do I am I get disability.

[00:33:46]Okay. So, any other income, whether No, sir. whether you are working for school or or helping out a neighbor or getting paid anything like that.

[00:33:56]>> No, I have problems even doing the things I need to do like cooking and cleaning for my own children in my own house. I cannot go out of my house and do other things. And and I'm not to play tricks with you, either, cuz I don't do that. You're stating this under oath.

[00:34:08]You understand?

[00:34:09]>> Yes. Oh, yes.

[00:34:10]>> Okay. Mr. Short, do you have any other proof regarding that?

[00:34:13]No, I do not. Thank you.

[00:34:14]>> Okay.

[00:34:15]I appreciate it. I appreciate having a civil conversation about this, as well, both parties. Sometimes we get just people coming in and say, "Well, I just don't agree with the amount." I mean, Mr. Short went through, provided a detailed summary for the court to review, and it does make sense. But, relative to the one child, we'll see what goes on January 10th.

[00:34:34]There is no supplemental income according to the testimony. It's It's the petitioner's burden to establish what is going on here, and I've not heard it this far.

[00:34:42]So, the objections respectfully denied.

[00:34:44]However, come January, that may change.

[00:34:48]Thank you, all. That'll be all. Thank you.

[00:34:50]All right.