Here I will document all of the breaches that my ex wife made pertaining to the separation agreement that she crafted and signed.
Waived Child Support
The parties agree that neither will owe a child support obligation to the other. Both parents shall be responsible for the minor child’s needs during his or her custodial time.
It should be noted however that you cannot waive your right to child support or make it non-modifiable via a separation agreement. Furthermore, if a party refuses to pay child support as agreed, contempt is not an option for enforcement of an unincorporated agreement.
I have a hard time believing that she doesn’t know this and added it into the separation agreement to mislead me. She then colluded with CSE to block my request and committed fraud on her filing for child support.
I will need to subpoena her tax returns to prove the fraud and her abuse of power in the courts for her own financial gains.
Refusal to pay the stated flat fee amount for retirement funds
The parties have the following retirement accounts and investment accounts: Wife’s combined Vanguard retirement accounts in her name, which totaled approximately $683,108.22 as of the date of separation; and Husband’s two retirement accounts (Vanguard and Integrity), total $169,129.53 and $25,142.22 respectively as of the date of separation. To equalize the division of the retirement assets, Husband is due a flat amount of $244,418.24.
Article 2, Section 7 – Separation Agreement
I was forced to sue in court to get her to honor this Section in the Separation Agreement. I was left with attorney fees that were directly caused by her breach in the agreement.
Put together the receipts for attorney fees as evidence.
Threw Away Husbands Property
Husband shall be entitled to all items in his workshop, the pool table and accessories, engagement ring/wedding band of Wife, weight bench and accessories (excluding the dumb bells), various tools out of the garage (except the ladder and a reasonable tool set for Wife’s use), and any other personal items located in the home such as yearbooks, snowboard, premarital artwork, etc. that are located by Wife.
The parties acknowledge that these items will remain in the former marital residence until such time as Husband can remove them; however, he will make his best effort to remove them prior to June 1, 2022.
Separation Agreement
The only thing I realized was missing was $500 in hockey equipment that Katherine disposed of before June 1, 2022.
Provide evidence of the cost to replace the hockey gear.
Refused to provide or pay for a phone or computer
Mother shall provide a cell phone, apple watch, laptop computer, tablet/Ipad to their minor child, and she will be solely responsible for the costs associated with these devices and her uses of these devices. Both parents will make best efforts to safeguard these devices.
Katherine took away all devices prior to abandoning her child for 6 months and refused to provide them for her use while in my care. I had to purchase and pay for a phone to keep track of the child and a computer for her use in school. Katherine refused to reimburse me for these costs. I paid for everything, including: food, clothes, gas, prescriptions, doctor appointments, extra activities, devices and more.
Gather up receipts for everything purchased during these 6 months for evidence.
Stopped paying for horse lessons
The minor child is currently involved in horseback riding at McNair Country Acres at a level of one lesson per week. Mother will be solely responsible for this cost. As to any further extracurricular activities, the parties must agree in advance on the activity. Any further activities that are agreed upon shall be paid as follows: Wife shall pay up to $400 per month toward any activity (less what is paid for horseback), and any remainder will be divided 75/25 with Father paying 25%.
Due to a mistake our daughter made in her online activities, her mother cancelled her horseback riding and refused to reinstate it for a year. There is no monetary reimbursement applicable. I just want to document another breach in the agreement.
Claiming Child As Dependent
CLAIMING THE MINOR CHILD AS DEPENDENT. Once the parties file separate tax returns, Wife will claim their minor child on her tax returns as a dependent as long as the minor child is eligible to be claimed.
As I had sole custody of our child from July 1st, 2022 to January 2nd, 2023 with zero support from my ex-wife, I filed to claim the child as a dependent. Since her mother filed first and claimed the child as a dependent, I lost out on even more money that I feel I was entitled to even though the separation agreement says differently. I want to note that I paid $6000 in support during the first 6 months of this same year.
Gas card shenanigans
Frye Law Offices Business Card: Until the month following their minor child’s graduation from high school, Husband shall have a credit card from Frye Law Offices to use for his gas needs. Husband agrees to only use the card for the gas for his vehicle in a manner consistent with his historical use. Should Frye Law obtain a different credit card or get a replacement card, Wife shall provide Husband a replacement as soon as possible. Should Husband lose the card, he shall immediately notify Wife.
Article 2, Section 4, Paragraph C – Separation Agreement
As noted in the agreement; the amount should be consistent with my historical use. She decided to base my historical use on a pandemic year where everyone was forced to stay home. This was not specifically outlined in the agreement and a limit of $175 was placed on the card. She would also cut off the card when she was annoyed, which ended up costing me money that she refused to reimburse.
There was a period of 1 year that she demanded the card back when she decided to sign up for her own health care. During this time I was still paying $2K per month to cover both of them through Cobra.
She has continued to refuse to provide the statements to me for verification. I will need to subpoena the statements to prove that the card was declined over the past 3 years.
She also notified me that the card will be permanently cut off on September 1st when she dissolves her law firm.
I will assume you have enough gas to pick her up tomorrow and bring her home because I cannot take her to Durham tomorrow. Maybe it is time to look at a more fuel efficient vehicle? My law firm is going to be dissolved in the next few months. When it is, the obligation for that firm to provide you a credit card ends. When I know a precise date, I will let you know.
OFW comment from Katherine Frye
Gather up all gas receipts from my accounts for evidence.
Is she putting $450 into RSA for Ellenora’s college?
The parties agree that the minor child has a 529 account where Mother is the custodian. Mother will continue to contribute $425 per month in to this account until the minor child graduates from high school. The parties anticipate that this 529 account should be sufficient to cover the cost of a state university for four years for their daughter. At all times, the parents shall tell the minor child that “they” are paying for her college.
Will need to subpoena documents to make sure she has stayed on course per the separation agreement.
