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Messages - WhatToDo

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Dear Socrateaser / Amending Child Support
« on: Mar 05, 2007, 02:33:56 PM »
I am the NCP. The beginning of January, my ex got CS modified. IT got raised by $100 a month. The judge said that the CS would be modified depending on visitation. However, my ex has not allowed me to see my daughter for many months so the judge said that since I wasn't exercising my visitation, she wouldn't lower the CS accordingly.

I am taking my ex to court for contempt and we have a court date in a couple weeks. We are asking for a parenting plan recommendation from a court appointed mediator/counselor.

1. If I get my visitation re-enforced, how long before I can petition to have child support modified?

2. Would I need to show proof of how often I have my daughter with me?

Dear Socrateaser / RE:
« on: Feb 08, 2007, 08:07:06 AM »
Thank you all! That answers some questions. I have alot to discuss with my atty and want to make sure I'm well prepared when I talk to her! I just hope this all works out! Thanks again...

Dear Socrateaser / RE: ex parte hearing
« on: Feb 07, 2007, 12:52:10 PM »
Ex parte hearings mean only the complaining party appears. Contempt is a quasi-criminal action, so the defendant is constitutionally entitled to confront her accuser. Thus, no ex-parte contempt hearing is ever permitted.

1. So getting an ex parte hearing to enforce visitation BEFORE the contempt hearing can't be done?

Dear Socrateaser / ex parte hearing
« on: Feb 07, 2007, 10:13:48 AM »
I am meeting with my lawyer tomorrow to schedule a contempt case against my ex. My ex is not allowing any of my court ordered visitation. I haven't had visitation since April. I saw my daughter once in November when I saw her at the mall. My daughter ran right to me and didn't let go of me the whole time my ex and I talked which was about 45 minutes.

I went to pick up my daughter last week but my ex once again stopped me. My daughter was inside asking to come out and see me. So it's obvious that she knows me and wants to see me. (she's almost 7 years old)

There was a contempt hearing scheduled in November that my ex never showed up to because she was not properly served (my ex lawyers fault). Now that I've moved within 10 miles from my daughter, I have a new lawyer and we're going to set up a new contempt hearing. (i use to live over 300 miles away from her) It will be a couple weeks, at least, before we can get a court date. I don't want this to drag on any longer than need be.

1. Would it be a good idea to ask for a ex parte hearing? Or would it not make a difference since it has been 9 months since I've had visitation?

2. Until the hearing, is there any steps I should be taking or do I just wait for the court date?

Dear Socrateaser / RE: This doesn't seem right
« on: Feb 05, 2007, 02:03:46 PM »
Okay thank you. It just seems odd that my ex, who had no lawyer, knew when it was signed but I didn't. And then that my ex sent me a copy of the signed stip and not my lawyer or the courts.

Thanks again for your response!

Dear Socrateaser / This doesn't seem right
« on: Feb 05, 2007, 09:12:12 AM »
In the beginning of November 2006, my ex threatened me into signing a stipulation. After I signed it, it was sent to the judge for him to sign. However, my lawyer objected to it being signed and told the judge this. The judge wrote my ex a letter saying that my lawyer objected to it being signed so he (the judge) was not going to sign the stip at that time.

Around the second week of January 2007, I contacted the clerk of courts office and found out that the stipulation had been signed by the judge, the last week of December. I contacted my lawyer who had no knowledge of it being signed. I recieved a copy of the signed stipulation in the middle of January but it was sent to me by my ex. This all seems a little fishy to me. (BTW, this judge is now retired.)

My ex seems to have known all along, the exact date the judge signed this.

1. Since the judge notified all parties that he wasn't going to sign the stipulation, shouldn't someone have been notified that he changed his mind for some reason?

2. Is there any way my ex could have forged the judge's signature and had it entered into the court files? (I ask because my ex has been convicted of fraud and forgery in the past)                                                                                                                                    

Dear Socrateaser / she didn't let me pick her up
« on: Feb 02, 2007, 02:13:22 PM »
I went to pick up my daughter and my ex didn't let me. Now she says she has a court order saying I am no longer allowed to see my daughter.

Is there any way a court order could have been made without my knowledge stating that I can't see my daughter?

I'm assuming there isn't but I just wanted to ask. She says she's sending the "court order" to my lawyer. My ex wouldn't let me read it.

Dear Socrateaser / RE: Does stipulation override CO?
« on: Feb 02, 2007, 09:20:53 AM »
Thank you so much Soc! This helps! I agree with you that my ex is making up law. She has told me more than once that it doesn't matter what the courts say, in the end it's up to her. Guess we'll see about that! Thanks again!

Dear Socrateaser / RE: Does stipulation override CO?
« on: Feb 02, 2007, 08:33:03 AM »
So if I'm understanding you correctly, I HAD EOW visits. Then after signing the stip about taking my daughter to therapy, I temporary lost the EOW visits. But after the 4th therapy session I should get back my EOW visitation?

Dear Socrateaser / RE: Does stipulation override CO?
« on: Feb 02, 2007, 07:20:35 AM »
I talked to my ex last night. She says that after the 4 weeks of me taking my daughter to therapy, I no longer have ANY visitation. Is she right?

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