​Request to Admit Facts & Genuineness of Documents (Doc 21)

This is what I sent to Mr. Ex.  You'll see my comments below each Requests to Admit explaining what each one was aimed to accomplish.

Request to Admit Facts & Genuineness of Documents (Doc 21)
Motion to Extend the Protective Order (Doc 20)
Reading below, you'll see how Marty and Mr. X try to force me to mediation.  Funny how months and months after trying, when they saw a petition that had sticking power, they resorted to trying to push it out via mediation.  However, if you recall, I had sent an email requesting mediation (for custody) in April by total fluke.  Their non-responsiveness, in the Judge's own words, "Forced [me] to litigate."
Additionally, Marty didn't address the Concealed Income Count.  Unfortunately, the Judge gave him more time, even though Marty totally missed his 28-day response window.  

Judgement for the Dissolution of Marriage

IN THE CIRCUIT COURT OF XXXXXXXX DEPARTMENT – DOMESTIC RELATIONS DIVISION

REQUESTS FOR THE ADMISSION OF FACTS AND THE GENUINENESS OF DOCUMENTS

WARNING: If you fail to serve the response required by Rule 216 within 28 days after you are served with this document, all the facts set forth in the requests will be deemed true and all the documents described in the requests will be deemed genuine.

NOW COMES the Respondent, XXXXXXXX, by and through her attorney, and pursuant to Supreme Court Rule 216, presents the following Requests for the Admission of Facts and the Genuineness of Documents, and Petitioner, XXXXXXXX, is requested to admit in writing the truth of the following specific facts and the genuineness of the following specific documents, copies of which are attached to this Request to Admit.

Petitioner previously owned or operated a business known as Mr. Ex Gear.           

1. Mr. ​Ex Gear provided equipment rental. 

This was to establish Mr. ​Ex's previous business that was identical to ABC Gear.  It was very suspicious that he would just stop running his rental business, which was associated with his crew job and therefore SUPER EASY MONEY. 

2. While operating XXXXXXXX, Petitioner provided recording labor. 

Again, his equipment rental business was a no-brainer way to double his money.  He was working the jobs, so why not also rent the equipment for the job and double his income??  He had no justifiable reason as to why he closed his business down and suddenly started renting equipment from G'friend, giving her the $60-80k/year income.

3. True and accurate copies of the purchase orders from XX Films Group are attached hereto as Exhibit "A".  

Every purchase order had Mr. ​Ex listed as the contact of ABC Gear, even after we were hot and heavy into litigation.  Why was this?  I'm not sure we cared for an answer to this question.  We only really cared that the Judge knew that Mr. X had this exact business before and now was in the exact same position again with this new company (which was STILL HIS).   

4. Petitioner has not directly contributed to education expenses incurred on behalf of the minor child since at least January 1, 2013.

One of the counts of our Petition for Child Support Modification was for Mr. ​Ex to pay 50% of education costs.

5. Petitioner has not directly contributed to the extracurricular expenses incurred on behalf of the minor child since at least January 1, 2013.  

Same rationale as above.

6. Petitioner has not directly contributed to out of pocket medical expenses incurred on behalf of the minor child since at least January 1, 2013.  

Same rationale as above.

7. A true and accurate copy of the call sheet for "XXXXXXXXXXXXXX", job number 1402 worked on February 6, 2014, is attached hereto as Exhibit "B".

This call sheet that he was being asked to admit to was the very call sheet that he himself had submitted as a response to the interrogatory about this job.  Why did we ask this then?  Because he would either admit it and push himself so far back against the wall that he and the wall would become one OR he would lie, which he ended up doing.  He denied this call sheet;  we now had even more written proof that he was not credible.               

8. Petitioner received income from Unnamed Productions in 2013.  

This was to establish the connection between the jobs he worked and the jobs that used ABC Gear.  It was established that ABC Gear did not work ANY JOBS that Mr. ​Ex did not work.

9. A true and accurate copy of the W-2 wage and tax statement from 2013 for revenue from Unnamed Productions is attached hereto as Exhibit "C".  

Same rationale as above.

10. A true and accurate copy of the call sheet for job # 130012 associated with Unnamed Productions is attached hereto as Exhibit "D".  

Same rationale as above.

11. Petitioner performed film crew series for job # 130012 associated with Unnamed  Productions on or about October 4, 2013.  

Same rationale as above.

12. True and accurate copies of business records between Petitioner and Anonymous Productions during 2013 are attached hereto as Exhibit "E". 

Same rationale as above.

13. True and accurate copies of business records between Petitioner and Anonymous Productions during 2014 are attached hereto as Exhibit "F".  

Same rationale as above.        

14. Petitioner's email address is or was "XXXXXXXX@XXXXXXXX.com".  

All the call sheets had a phone number and email address listed for each crew person and vendor.  Mr. ​Ex's phone number and email were listed as the contact information for ABC Gear, that is up until litigation heated up.  

15. True and accurate copies of business records between Petitioner and Another Production Company are attached hereto as Exhibit "G".  

Again, showing the link between ABC Gear jobs and Mr. ​Ex jobs.

16. True and accurate copies of text messages between Petitioner and Respondent are attached hereto as Exhibit "H". 

Mr. ​Ex and I had exchanged texts about the first court date(s) back in 2013.  Once the $3,202/month child support amount was entered, he signed off on the Motion to Vacate, stating that he was never notified of any court dates.  The texts proved otherwise.

17. True and accurate copies of text messages between Petitioner and Respondent during January and February of 2013 are attached hereto as Exhibit "I".  

Same rationale as above.  This was also used to show that his phone number was his (and not G'friend's) as he had begun to claim.  

18. The minor child born to the parties has severe allergies.  

This was to also force him to lie or admit, given that our Joint Parenting Agreement from years earlier had stated this fact and had been signed by both of us.

If your response to any request for admission is other than an unqualified admission, state for each such request for admission the following:

All facts (not opinions) that you contend support in any manner your refusal to admit or the qualification of your admission. 

Mr. ​Ex submitted no facts or evidence for any of the above that he denied or objected to.  He merely objected as a matter of opinion, something that Karl exploited in the hearings. 

The identity of all documents, notes, reports, memorandums, recordings, photographs, oral statements, or any other tangible or intangible thing that supports in any manner your refusal to admit or your qualification of your admission. Identification is to be sufficient to identify the aforesaid things in a request for production.

The name and address of the custodian of all tangible or intangible things identified in response to item 2 above.

The name and address of all persons, including consultants, purporting to have any knowledge or factual data on which you base your refusal to admit or the qualification of your admission.

PLEASE TAKE NOTICE that a copy of the admissions, denials, or objections to the foregoing Requests for Admissions, signed and verified by the answering party, should be served upon the undersigned and filed with the Clerk of the Court within 28 days after the service of these Requests for Admissions.

WARNING: If you fail to serve the response required by Rule 216 within 28 days after you are served with this document, all the facts set forth in the requests will be deemed true and all the documents described in the requests will be deemed genuine.

The purpose of the interrogatory is to have you reveal everything presently known by you that bears on your refusal to admit or your qualification of your admission. The propounding parties at the time of trial will move the court for an order excluding from evidence all tangible or intangible things known to you at the time of your responses to these requests for admissions and interrogatories not disclosed in your responses thereto.

IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY, XXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

AMENDED PETITION FOR MODIFICATION OF CHILD SUPPORT

NOW COMES Respondent, XXXXXXXXX, Pro Se, and pursuant to Sections 505 and 510 of the  XXXXXXXXX Marriage and Dissolution of Marriage Act ("IMDMA") 750ILCS 5/505 and 5/510, petitions this Honorable Court for modification of the Petitioner's, XXXXXXXXX, child support obligation established on April 8, 2014. In support of her Petition, XXXXXXXXX states as follows:
XXXXXXXXX and XXXXXXXXX were married on February 3, 2005 and their marriage was dissolved on March 3, 2009.  A copy of the Judgment of Dissolution is attached hereto as Exhibit A.
One child was born of the marriage, namely XXXXXXXXX, born 2005.
The Court expressly retained jurisdiction for the purposes of enforcing the Judgment of Dissolution of Marriage.
On November 1, 2013, this Court entered a needs based child support order for the minor child in the amount of $3,202.00 per month.
On April 8, 2014, this Court vacated the November 1, 2013 child support order and entered a new order in the amount of $764.00 per month.  A copy of the April 8, 2014 order is attached hereto as Exhibit B.
On April 8, 2014, this Court also granted XXXXXXXXX leave to file an Amended Petition for Modification of Child Support.
Since the date of the Judgment for Dissolution of Marriage there have been substantial changes in circumstances and the child's expenses have increased.  At the time of the Judgment, the child was 4, and is now 8 and attending private school, participating in extracurricular activities, and partaking in a unique dietary regime due to severe allergies.  All of these issues present significant expenses that are incurred in the best interests of the minor child.
COUNT I:  EDUCATION EXPENSES
XXXXXXXXX realleges and reaffirms the allegations contained in paragraphs one through seven of this Petition as if fully set forth herein.
At the time of the Judgment for Dissolution, the minor child was in the process of being enrolled in XXXXXXXXX School for pre-Kindergarten. This school presented an additional cost of over $3,000 per year.
Although pursuant to the Joint Parenting Agreement, XXXXXXXXX never agreed to this enrollment decision, he did acquiesce to the enrollment.  Further, XXXXXXXXX even dropped the minor child off at the first day for school.
XXXXXXXXX never contributed to the costs of XXXXXXXXX although tacitly agreeing to the enrollment.
On or about the winder of 2012/2013, XXXXXXXXX learned that XXXXXXXXX would be closing and would have to find a new school for the minor child.  After diligently searching for schools, XXXXXXXXX found a match for the minor child at the XXXXXXXXXXXXXXXXXX School.
XXXXXXXXX contacted XXXXXXXXX about the minor child's enrollment on or about January/February 2013.  Originally, XXXXXXXXX responded affirmatively to the decision, but later reneged after becoming aware that he would have to contribute financially to the education of the minor child.
After learning about XXXXXXXX failure to contribute, XXXXXXXXX contacted XXXXXXXXX parents to bear some of the financial burden that XXXXXXXXX was unwilling to shoulder.  XXXXXXXXX parents assisted with the 2013/2014 tuition with a check for XXXXX to the school.
The XXXXXXXXXXXXXXXXXX School tuition stands at approximately XXXXX per year.  XXXXXXXXX should contribute to the expenses for schooling that present a substantial change in circumstances since the March 2009 Judgment.
WHEREFORE, Respondent XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the education costs;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT II:  EXTRACURRICULAR ACTIVITIES
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through sixteen of this Petition as if fully set forth herein.
The minor child is currently enrolled in Kung Fu, a program he thoroughly enjoys, at a cost of $150.00 per month.
The minor child is also enrolled in classical guitar at a cost of $900.00 per year. XXXXXXXXX is aware of this expense and has even enjoyed one of the minor child's concerts, while contributing nothing to the lessons.
The minor child is enrolled in swimming classes with a cost of $900.00 per year. For the coming months, the minor child is enrolled in Kung Fu Camp, at $100 per week; Music Camp, at $200 per week; and math tutoring at $285.00 per month.  All of the activities are not only necessary for XXXXXXXXX to maintain employment, but they are in the best interests of the minor child by providing him great experiences and positive role models.
WHEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the education costs;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT III:  DIETARY AND HEALTH NEEDS
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through twenty-two of this Petition as if fully set forth herein.
The Joint Parenting Agreement, attached hereto as Exhibit C, made the following finding under paragraph 6: "The parties' acknowledge that [the minor child] presently suffers from severe, life threatening food allergies..."  Following this finding, XXXXXXXXX has struggled to find a proper regimen of food, dietary supplements, and other aids to help the minor child.  
For example the minor child requires camel milk for protein and assistance with weight gain, which costs up to $600 per month.  
Aside from allergies, the minor child suffers from asthma, which imposes additional costs for treatment and management.
XXXXXXXXX has not met the minor child's needs with any additional support for him.  
XXXXXXXXX has been left as solely responsible for these costs as well as assisting the minor child with doctor's visits and other visits related to health care for the minor child.
WHEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the dietary and health costs;
Require the XXXXXXXXX to maintain health insurance for the minor child if available through his employment;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT IV:  CONCEALED INCOME
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through twenty-eight of this Petition as if fully set forth herein.
750ILCS 505(a)(4) states:
"If the net income [for child support] cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in a particular case..." (brackets and emphasis added)
At the time of the marriage, XXXXXXXXX owned and operated a film equipment rental company doing business as XXXXXXXXX.  XXXXXXXXX earned up to $1800 per day for the labor and equipment.
Following the dissolution of the marriage, XXXXXXXXX dissolved XXXXXXXXX and bankrupted his trucking business.  Between these two businesses, XXXXXXXXX was able to provide a very comfortable living for the parties and the minor child as his income was generally above $100,000 per year.  However, and following a recent 13.3.1 Financial Disclosure Form, XXXXXXXXX now reports an income of less than half that amount.
Even with a substantially lower reported income, XXXXXXXXX is still able to live a very comfortable life, residing in a 1600 square foot lake house, owning a 21-foot speedboat and other luxuries.
In the meantime, and suspiciously enough, XXXXXXXXX new girlfriend, XXXXXXXXX, opened up a film equipment rental business, XXXXXXXXX following the dissolution of XXXXXXXXX own business.  Further, XXXXXXXXX experience in the field of film equipment is extremely limited, if she possess any at all.
Upon information and belief, XXXXXXXXX is using XXXXXXXXX as a vehicle to conceal income for the purposes of evading child support.  This information has caused XXXXXXXXX to propound additional discovery on businesses and individuals who have done business with XXXXXXXXX  as XXXXXXXXX's cellphone number is listed on XXXXXXXXX invoices and various individuals recall XXXXXXXXX's attendance on work days on which XXXXXXXXX billed for performing services.
In the alternative, XXXXXXXXX dissolution of business from which he earned a substantial income is voluntary underemployment and should not provide him with a way of dodging his child support obligation.
In October of 2013, XXXXXXXXX informed XXXXXXXXX of her going to court to modify child support. XXXXXXXXX responded, "Was thinking 'bout everything can't get to court on the day you requested, however I am willing to adjust the amount based on my current amount."  He then sent a check to the child support services department for $1000.  In the 30 days leading up to that check he paid a total of $1638.85.
When called upon XXXXXXXXX was able to make a substantial contribution to the support of the minor child, which based upon the official amounts of income he officially shows, would be a tremendous financial burden.
HEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Allow XXXXXXXXX to propound further discovery on XXXXXXXXX and other businesses or people who have done business with XXXXXXXXX;
Impute additional income on the Respondent pursuant to 750 ILCS 5/505(a)(4);
Award a child support amount pursuant to the factors listed in 750 ILCS 5/505 with an upward deviation from guidelines;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.