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Topics - 416021va

#1
Child Support Issues / So who gets the NCP vote?
Aug 10, 2006, 09:22:37 AM
I for one would rather vote republican as opposed to democrat.

I think that things would be worse than they are should a democrat get presidency.

What do you think?
#2
http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20060705/CAPITOLNEWS/607050320/1010

Are the liberals out to ensure that I don't get to pay child support, but I don't get to see my kid?
#3
My State of Residence is VA, but I reside in FL.

FL has threatened to get VA CSE to enforce my child support order (because I owe $8k in arrears).

I have heard that FL must obey VA CS guidelines when enforcing an order.

VA CS is substantially lower than FL.

My income is good up here, but is lower than than the income for which my child support was initially based on in FL.

I was wondering if I could ask VA to enforce and then get CS lowered with respect to this state.

If that is possible (which I doubt because it sounds good), then would VA enforcement satisfy support ordered to Florida including arrears, or would the arrears in FL continue to grow as they pretend that they don't receive the money.

Thanks!

#4
I am a few thousand in child support arrearages.

I was wondering if I could call the Department of Revenue and have them put a lien on my 401k to satisfy arrears because at least paying into a 401k only to have a lien placed on it would help lower my tax liability this year. Additionally, it is my understanding that there is no pentalty placed on such a lien if the state takes my money.

Finally, my company contributes to the 401k. However, I will not be fully vested for 3 years. Could the Department of Revenue put a lien on that money as well or would I get in trouble and be forced to pay that money back since their contribution is not 3 years vested yet?

Thanks


#5
Soc, you have been helping me along here.

I live in VA, but my child lives in FL with CP. Florida has jurisdiction over the case. CP and I stipulated to a supplemental petition to modify visitation.

However, the petition had some problems and you suggested that I file a motion to clarify it.

Well the judge's assistant is telling me that I need to put a date on the judge's motion calendar.

I think that I can figure this out and get it done, but I am a little confused. I assume that what I should have done is file a motion with a date. However, I figured that I had attached enough substantiation for the judge to come to a decision without a hearing. This is a REAL grey area for me Soc, and I don't understand why sometimes a judge can grant a motion without a decision, and sometimes wants a hearing.

The only thing that worries me is that I would like to file a motion for a telephonic hearing as opposed to going down there and putting the date on the judge's motion calendar.

My questions are as follows:

1) Can I file a motion for a telephonic hearing at this point, or is it too late?

2) Should I have filed a combined motion for a telephonic hearing along with my motion to clarify?

3) How do I put a date on the judge's calendar?

4) What is the paper called when I put a date on the judge's calendar?

5) Is it always a bad idea to file motions without a date, especially when you have reason to believe that a judge may grant your motion?

Thanks a million as always Soc.
#6
I live in Virginia, but Florida has jurisdiction over the child.

I moved from Florida to Virginia, and got the final judgment that was initiated in Florida modified to accomodate visitation in Virginia.

I would eventually like to move back to Florida if possible.

My question is as follows:

1) Should I relocate back to Florida, would the original final judgment still stand, or would it need to be modified again?

Thanks Soc!!!
#7
I am a VA resident, but The State DOR is in Florida. The Florida DOR has jurisdiction over my case.

I don't know if you will be able to help with this "hybrid", but I figured its worth a shot.

Florida is populating my child support tradeline on my incorrectly. I have undergone the standard disputing process through the credit reporting agency and it has come back verified 1 million times over.

Upon doing alot of research, The Fair Credit Reporting Act applies to Government Agencies and can be initiated in District Court.

I have been trying to figure something out, but no one seems to know. Everyone says that I need to sue in Federal District Court in my Jurisdiction. No one knows if I can sue such an agency in my State's Local District Court.

Everyone also says that I am better off suing DOR directors if I want to get the issue resolved.

I have no idea if this must be done in Federal Court, or if I can just sue in Local District Court e.g small claims court etc.

In addition, I would like to get a senator involved, but if I try a VA senator they say contact FL. If I try a FL senator, they say contact VA.

So if you have any idea on how this could be done my questions are as follows:

1) Which state senator would be the appropriate one?

2) Must I sue in District Federal Court, or could I sue in Local District Court?

3) Is it equally effective to sue agency heads as opposed to an entire agency?

Thanks for any answers SOC.
#8
Dear Socrateaser / Tough Questions
Aug 14, 2006, 06:27:53 AM
**Due to my present environment, ">" shall reflect "HIV". **

Soc,

I live in Virginia, but the CP lives in FL with my child. I have some unusual questions. I don't want to come across as spiteful because I know that you don't like that. However, I am not sure what to ask, or how to ask because of the peculiarity of the situation, and the time that has elapsed.

I know I should have asked questions like these so long ago, but I have blacked out many things since the separation/divorce/custody judgment, and rightfully so. In addition, I have been given advice by anti-NCP folk on the internet and didn't realize the bad advice (e.g. you are a liar) when I saw it.

During the year 2001, CP and I went out camping in the State of Virginia. CP was allegedly bitten by a tick, and developed a large "bullseye" mark on their back. Shortly thereafter, CP returned to FL with the child (before 6 months) to the State of Florida. CP told me that they went to a doctor for the mark, and was advised that they were tested for Lyme Disease.

CP then alleged that they were tested for Lyme Disease and the test turned out negative. However, CP told me that the doctor said they had >. I urged CP to get a "Western Blot" test which is supposed to affirm that CP has >. CP alleged that they took another test which affirmed that they had >.

I went to get tested multiple times, and in the years to come, but it was determined that I do not have >. CP suddenly vascillated, and told me that they did not have >. CP alleged that this was all a "big mistake" made by an unknown medical facility. CP even alleged that they filed suit against the medical facility and won.

CP provided me with a negative result, but would not let the paper leave their hand. CP refused to provide me with a positive result or the name of any medical facility. I didn't look at the document at the time to determine what or where the medical facility was. CP also advised that they tested positive for Lyme Disease and that the > reading was accidental. (This was CP's alledged premise for filing suit against the unknown medical facility in that they were being tested for the wrong thing).

I have checked CP's locale, for which public records (including lawsuits are found on the internet), but have found none.

Through a few other sources I have heard that CP states they will always test positive for >, because they allegedly been treated for Lyme Disease, but the disease will always show positive on a test result.

My questions (not for you, but informally to the medical community) were as follows:

1) Is there any reason why a person who goes in to be tested for Lyme Disease would be tested for >?

Answer: No

2) Is there any corrolation between a test for Lyme Disease and >?

Answer: No

3) Is there any possibility that someone could take a test, and then a confirmatory test for > and then suddenly be found negative?

Answer: No

Based on the above, my questions are as follows:

1) Could I subpeona alleged health records for CP stating that they have or do not have >?

2) In the eyes of the law, would I have the right to know whether or not CP has >?

3) In the eyes of the law, could > pose a health risk for child?

4) If I could turn around and obtain said records, could I turn around and sue for not being advised of the truth (or sue for anything else) if the statute of limitations for such has not expired?

5) Is there any publically accessible database that you know of which advises whether or not someone has >?

Sorry for the long post, and not even knowing what to ask, but something had to be asked, if not done, Soc.

Thank you very much for your time as usual.



#9
Soc, I am trying to find case law specifically pertaining to family law. Everytime I google something, or use "findlaw", the best that I can do find appeals.

How do I get caselaw that is specific to a State (I don't reside in that State so I can't just walk into the court) or even a circuit court/judge?

My questions are as follows:

1) How do I get caselaw that is specific to a State or even a circuit court?

Thanks again Soc.
#10
I live in VA, but FL has jurisdiction.

I recently filed an amended motion to clarify a modification to visitation. If you recall, I decided to file an amended motion because I specified the wrong physical address for the CP.

The CP ignored my original motion which was sent via certified mail. The certified mail was returned to me.

I then sent CP a copy of the amended motion via certified mail and standard postal mail as a backup.

Same thing, CP has also ignored the certified mail and it has been returned.

After doing plenty of research, I have determined that certified mail is considered reasonable notice in the State of Florida.

I have the following questions:

1) What happens to my motion since the CP refuses to do anything at all?

2) Do I have to file a motion for default if the CP does nothing?

Thanks Soc!!

#11
Soc, I sincerely hope that you are enjoying your vacation and don't dare to answer this post until you are done.

I am just writing this up because it is fresh on my mind and my memory is poor.

I just filed a motion to clarify my child's existing visitation with me in Virginia. The child lives in Florida. You might think it's petty, but the other parent always finds a loophole.

After doing some reading, I figured it would be best that I motion the court that I be responsible for the child's travel to Virginia and the other parent be responsible for the child's return.

I think I made a big mistake. The other parent may say OK, come and get him to the airport, so that he can see you.

The child generally flies as an unaccompanied minor.

I think I should have done it the other way.

Additionally, the CP has ignored a copy of the certified mail that I sent which contained a copy of the motion to clarify.

The certified mail also contained an amicable request to try and work out the passport issue before I file a motion to try and obtain it for a vacation to the UK.

I figure that the CP ignoring my certified mail could work in my favor.

Finally, the CP is sending me emails telling me that recording them is illegal. (Remember the CP stated in writing that they would be recording me?) I would at least like some law to protect myself as the other parent will be calling the police soon.



My questions are as follows:

1) Can the CP now deny taking our child to the airport because I stated that I was responsible for pickups?

2) Would the CP ignoring my certified mail work in my favor?

3) Could you please provide some law that shows that I can record the other parent since they stated they would be recording me?

4) If I keep filing motions to clarify with the court, will this work against me?

Thanks Soc.
#12
Ok, I got your response to my last post and was going to edit it to reflect this question, but it was too late.

Anyways, I would like to know what would happen if the CP petitioned to modify child support upwards.

My income has increased since initial support order, and it has been over 3 years since then.

I believe that the CP's income has increased as well.

I would like to know if Florida Child Support guidelines would apply to my case or if Virginia guidelines (which are substantially lower) would apply to my case.

I have heard mixed answers and I am really wondering why it is so difficult to clarify.

I live in Virginia, child and CP live in Florida. Florida has jurisdiction over the case.

My questions are as follows:

1) In the even that CP petitions for upward modification of Child Support, which guidelines would apply?

Thanks again SOC.

#13
Pursuant to my notifying CP that they would be recorded, and not permitting my child to use his phone while at my residence, CP has decided that I am not free to call my child on his cel phone but only on CP's house phone.

I am guessing that CP has a right to do this, and it probably won't make much of a difference as long as I can reach my child, but I am just curious.

My questions are as follows:

1) Can CP preclude me from calling my child on his cel phone?

Thanks SOC!!
#14
I will be drafting a few motions and petitions shortly.

Some of my petitions and motions may overstep each other.

Example: I would like to clarify my existing modification because it is vague in some areas.

However, I would like to petition to modify visitation and other relief because I want shared parenting and more visiation time with my child.

I would also like to file a motion to clarify my child support arrearages.

My questions are as follows:

1) Can I petition and file a motion all at the same time (combined motion), when the issues seem to overlap?

2) How do I determine what can be filed together and what cannot/ should not?

Thanks SOC!!!
#15
Soc-

I used to post under a different screen name

This was my old thread.

http://www.deltabravo.net/dc/dcboard.php?az=show_mesg&forum=106&topic_id=10464&mesg_id=10466&page=

To summarize, CP's attorney wrote me a pretty nasty letter insulting me in the past.

You advised that my only recourse "may" be to file with the Florida Bar, but that I might not get anywhere.

Well the SOL for filing a bar complaint is 6 years but the SOL for which I could have filed for slander has passed.

Anyways I took my BIG chances and put a first class stamp on an envelope addressed to the Florida Bar with my complaint inside.

I received a prompt response as follows with an indication that my complaint will be closed. I am not sure what it means. I think it means that until my civil case with the other parent has been closed, they will not investigate my complaint. My civil case is closed.

I didn't expect to get anywhere, but wasn't prepared for this.

The important part of the letter read as follows:

"Policy 15.55 of the Standing Board Policies of the Florida Bar provides that complaints concerning an attorney's conduct relating to ongoing civil litigation, and which may be adjudicated in the civil litigation may be closed with the concurrence of the Chief Branch Discipline Counsel until the civil litigation is concluded."

My questions are as follows:

1) What on earth does that mean? :)

Thanks SOC





#16
Soc -

When I come up with an idea, legal concept, or principle concerning my child which I feel needs substantiation, I have been sending it Certified Mail Return Receipt.

While I have felt like a dummy in the past for sending it any other way, I would like to know if there are other (cheaper) ways that substantiate that I gave the other parent notice.

I have heard that email communications are not admissable in court due the capacity of "header forgery."

It gets kind of expensive when you often have issues concerning the child (although with your help that you provided me, I am confident that the issues will be reduced).

Yes I know that I need to lump my issues together (just like my posts) :)
but the situation is dynamic and volatile.

Additionally, I would like to know if there is an implicit "right of first refusal" in Florida. I have searched Florida statutes for quite some time, but have never found anything. The question comes more out of curiosity and potential future planning than practicality in my case since the child lives in FL and I live in VA.

Also, I cannot find any motion to clarify at the Florida Supreme Court website:

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

Finally, I tend to agree with what you are saying concerning the Vague nature of my order. I elect to either clarify or petition to modify. I would like to know if it makes sense to clarify when I could just go the whole 9 yards and modify instead.

My questions are as follows:

1) Is there another way to substantiate notice to CP that is cheaper than certified mail, yet admissable in court?

2) Is there an implicit "right of first refusal" in the State of Florida that you may be aware of?

3) Where can I find a family law form for the State of Florida that is specific to a "motion to clarify"? Is this something that I need to draft myself? (If so, no problem)

4) Do I have to both clarify and petition to modify at the same time, since I would like to modify visitation again, or could I just petition to modify?

Thanks a million
#17
I live in VA but child lives in FL. I am the NCP.

Tax Relief Question Summary -

In a verbal stipulation between CP and NCP attorneys, it was stipulated that I could receive a tax credit for my child ever other year .

That verbal stipulation never made it to the final dissolution.

CP claims child on income taxes every year based on that as legally permissable.

Now that I live 1,000 miles away from the child, I was wondering if I will be less likely to obtain a judge ruling that permits such. I am pretty sure that my child's visitation time does not meet the classic definition of a "dependent" by the IRS. However, I do not know if a judge ruling could supercede that.


My question concerning tax relief is as follows:

1) Would a judge be less likely to provide a favorable ruling with respect to tax relief every other year now that I am 1,000 miles away from my child when CP is directly opposed to such?

Increased Visitation Question Summary -

CP and I recently stipulated to 23 days of visitation in the summer.

CP also agreed to split transportation costs and allow 6 year old child to travel as an unaccompanied minor.

Since that time, Florida has apparently extended summers.

I may be petitioning the court for other items in my case shortly so I wanted to make this part of my petition if possible.

My questions concerning increase of visitation time are as follows:

1) Are longer summers in the area of the child's primary residence reasonable ground to petition for longer visitation.

2) Would the fact that I recently stipulated with CP, but now want more hurt my case?

3) Might the travel cost now be put entirely on me if the judge gets involved?

4) Might the judge stop the child from travelling as an unaccompanied minor? (I heard that some judges doesn't like kids traveling alone if they are under 12).

New Modification Problem Summary -

In a previous post, I indicated that I reside at the crossroads of several States and the District of Columbia.

I want my child to be able to visit with me within the DC metro area.

FYI, my child resides in Florida which has been prone to natural disasters. I have been doing plenty of reading, and have noticed/experienced that natural disaster can play havoc with family law.
e.g. the court which has legal jurisdiction over my child was shut down, or my child cannot return to Florida because there is a hurricaine there?

Additionally, the order does not provide for any scenario should the child end up going to summer school. I don't know if summer school supercedes visitation, or if summer school can be excercised here. CP would oppose summer school here by default, so I am looking for protective language if possible.

Finally, I would like to be able to take my child to other states for visitation with other family members if possible. We discussed this in another thread, but I would like to include language in my newest petition to request that I could take child to another State upon written notice to CP. (Bearing in mind that CP will perpetually be opposed to this).

My questions concerning New Modifications Problems are as follows:

1) When I wish to clarify where my child can visit with me, am I simply filing another petition to modify visitation?

2) Is there any case law that you know of that provides for visitation agreements in the event of natural disaster, or do you have any other ideas?

3) What effect does summer school have on visitation, and what protective wording could I provide in my latest modification?

4) Could I include language in my petition to allow child to visit with me and travel to different states upon written notice to CP?

Thanks SOC
#18
The State of Florida Department of Revenue states that I owe "X". The local County Department of Revenue states that I owe "Y" and the local County child support enforecment office states that I owe "Z".

The County Department of Revenue states that I owe $8500

The States says that it is $7900

The Local County child support enforcement office states that I owe $11000

The County DOR says that the only person who can provide an accounting is the Local County child support enforcement office. I called back the Local DOR and they said that the Local County child support enforcement office's numbers are wrong and that they would let them know about it.

Everyone refuses to give me something in writing regarding our conversations (except for accountings of the child support case).

I just made a lump sum payment for $4800 and now I am pretty nervous.

The Local County child support enforcement office states that there is a lien against me for about $300 but refuses to tell me what it is for.

Additionally, the IRS intercepted my tax refund. It is sitting in limbo for 180 days until they can determine as to whether or not we will claim injured spouse.

My questions are as follows:

1) What can I do to determine what I actually owe?

2) Who has the authority to determine what I actually owe and give me the correct credit for paying my arrears down?

3) Is there anything that I can do to advise the IRS that I do not want to claim injured spouse and have them hurry up and disperse the money.?

Thanks
#19
Summary for questions 1 & 2 below:

My present State is Virginia, but child resides in Florida.

I have been remarried for several years and spouse is a UK citizen with permanent residency status in the US. I am a US citizen with permanent residency status in the UK.

Our family consists of 2 children and my spouse. One child is the 6 year old who resides in Florida for whom I am the NCP. The other child is 2 year old and resides with my spouse and I in the State of Virginia and is a dual US/UK citizen.

During the year 2004 my spouse and I decided to relocate back to the UK for the purpose of obtaining a better life. CP controlled when and where we saw our 6 year old child when we resided back in the State of Florida, which was contrary to the court order. CP would threaten me if I saw child. Spouse and I saw no point in remaining in the US as our hands were tied at that point.

I am not being vendictive, I am just being honest.

Spouse and I remained in the UK for 13 months and progressed reasonably well there, but one thing was missing there: my 6 year old child.

After being very depressed for some time and not believeing that we could ever have the child see us, we decided to return to the State of Florida.

Our return to the State of Florida was short lived. Due to my apparent earning capacity in that State, we had to leave Florida within several months and say goodbye to my 6 year old again.

After relocating to Virginia, the majority of our financial troubles ceased and we are doing better than we ever have.

However, I do realize that the majority of our family is in the UK.

I also believe that the potential to have the child visit with me on UK soil was always there, but at that time I just didn't know enough about it.

Additionally, the fact that I am in another State and could not succeed in the State of Florida makes me feel like I might as well be in a different country.

Finally, the UK shares pretty strong bi-lateral ties with the US anyways and is also bound by the Hague convention.

The only problem I see is that there is an ocean between us and that the CP stipulated visitation in Virginia for child only when I filed a petition to modify vistiation. I don't know if the CP would be as willing to stipulate on a move to the UK.

My question is as follows:

1) Could I see my child in the UK just as much as I would by living in the State of Virginia?

2) Could a judge order that transportation costs be split if we leave to the UK?

Summary for questions 3,4,5,6,7, & 8  below:

I would like to take my child outside of Virginia during visitation but I have concerns after the way I drafted my Stipulation. I am not sure that it needs to be modified, but do not want CP to get me arrested should I take him outside of the State of Virginia. I am only 20 miles away from DC and Maryland, and not very far from several other States. The child has a million things to do. I would also like to take the child to NYC to see his family at some point in time and even to the UK.

CP will probably oppose me at their capacity even if I take the child into DC.

In the past, I have stipulated in writing and signed by a judge for CP to take the child to South America. Said country in South America is not bound by Hague convention, but I still let CP do it. Additionally CP takes child to said country in South America without notifying me at times, but sometimes elects to tell me.

The way I drafted the stipulation worries me (stipulation is in effect and has been signed by a judge). Stipulation was signed by judge 3 years after a final judgement of dissolution of marriage was entered which says nothing about anyone giving or asking anyone permission during trips.

The visitation portions perpetually read as follows (you can fill in the blanks for the other parts of the year because that is how it is worded for other parts):

a) Allow Visitation for child with NCP in the State of Virginia during the Summer each and every year. Visitation will begin 1 week after normal school ends and terminate 23 days thereafter.

My questions are as follows:

3) Can I take the child to other States for a trip without CP's permission?

4) Can I take the child to other States/DC for a trip if I give CP notice, and the CP still says that they do not approve?

5) Can I take the child to the UK for a trip without CP's permission?

6) Can I take the child to the UK for a trip if I give CP notice, and the CP still says that they do not approve?

7) If the answer to enough of the above questions is "no", then must I file a petition to modify visitation if the CP is unwilling to stipulate to any of this?

8) Can CP take the child to another State/Country for a trip without notifying me and/or giving me consent?

Summary for question 9 & 10:

Final judgement of dissolution of marriage was drafted in 2002 when I resided in the State of Florida. In 2005 CP and I entered a stipulation to modify visitation which was signed by a judge and allowed visitation for child in the State of Virginia.

Along with the judge's signature. Judge specified that modification supercedes final judgement of dissolution of marriage "to the extent of any conflict".

My question is as follows:

9) Does this mean that the final judgement of dissolution of marriage is no longer valid, or does it mean that the final judgement of dissolution of marriage is superceded by the stipulation only when conflict arises?

10) If it means that the final judgement of dissolution of marriage is no longer valid, then what about matters that are not covered in the stipulation?

Thanks SOC!








#20
I live in the State of Virginia but the child resides in Florida.

4 years ago, a final dissolution was entered granting the child primary residential custody with the CP.

I am the NCP.

I retained an attorney at that time, but the attorney "conveniently" did not petition for custody even though I repeatedly asked him to. Anyways, I filed a bar complaint against that attorney, but this did not help my problem of remaining an NCP.

I know that in the State of Florida, a sucessful petition for custody is based on a substantial change of circumstances, and/or "in the best interest of the child."

The attorney "conveniently" failed to mention that the CP was arrested for domestic violence against me. He also failed to mention that the CP decided to keep the child and remain in the State of Florida during a vacation that we took there. This was only a few weeks after CP's arrest for Domestic Violence against me. (Our initial residence in Virginia at that time was unfortunately for only 4 months though as we had just moved from Florida.) (Interestingly enough, CP asked local police (Virginia at the time) what would happen if she took the child away). The police told CP at that time that if they were to leave VA, they would be arrested for kidnapping!! I decided to leave child with CP in Florida as knowing how things work, I was afraid I would get lifted for kidnapping if I took him back to VA.

Please do not confuse my previous residency in Virginia with my present one.

I lived in VA during 2001, but moved back to FL for a few years. I moved back to VA in 2005.

My questions are as follows:

1) Could I move/petition for legal jurisdiction back to VA based on the above?

2) Could this ever help a petition for custody, or is it all useless?

Thanks again....





#21
CP hands me child's homework during short visits or during summer visitation.

The child is not in summer school, so I am not exactly sure what the homework is for.

During my last trip to Florida of just 4 days, CP handed me a huge pile of homework to do with child during his visitation time with me there.

After spending hours doing homework with child, CP stated that his homework was not done correctly.

I feel that if I don't say something to CP in writing, CP will claim that I am not helping child with homework. (not in best interests of child).

1) What can I do to protect myself from being accused of not assisting child with his homework that arrives with no instuctions?

Thanks SOC...Godbless!

P.S. - I recall on one of my last posts (unless I misunderstood what you were saying) that you did not want me to post multiple questions on one post, that is why I have split my questions up into one of my posts.
I don't want to upset you. Please let me know.


 
#22
I reside in Virginia, child resides in Florida.

I have been pretty succesful at avoiding telephonic conversations with the CP since CP effectively threatened to record all conversations years ago.

CP has recently elected to avoid speaking with me on the phone as well.

E-mail seems to do the trick. Then there are always the emergencies that will pop up. I guess I would have to be telephonically available for that, but then comes the subjective nature of what a true emergency really is.

I have felt a bit "weird" about talking to someone who could be potentially recording me at all times.

My questions are as follows:

1) Can I permanently exert my right to not speak with the CP on the phone again?

2) Can I advise the CP of such in writing without looking like a jerk in court? e.g. Could I write "I hereby refuse to speak with you based on your letter stated xx/xx/xxxx indicating your intent to record me".

Thanks

#23
In the back of my mind, I have always been concerned whether or not the CP could record me.

CP's attorney sent me a document during the year 2002 expressing several issues. I cannot remember if this document was served upon me, sent via certified mail, or just plain snail mail.

Yes I wasn't as involved or as knowledgable as I should have been back then, but I have no choice but to try and catch up.

My State of residence at that time was Florida, but it is presently Virginia.

The lawyer sent me a document with an indication that my phone calls could be potentially recorded as follows:

..."Additionally, my client claims verbal harassment from your client during phone calls and we would like your permission to record all phone calls between them or in the alternative this correspondence can be considered notice to NCP that CP will be recording all future calls from NCP"

My questions is as follows:

1) If the CP has been recording me for the past 4 years, would that recording be admissable in a Florida Court?

Thanks
#24
Soc,

I wasn't sure if could post multiple questions on my last thread:

http://www.deltabravo.net/dc/dcboard.php?az=show_mesg&forum=106&topic_id=10706&mesg_id=10707&page=

So I am going to ask you a few more questions pertaining to that thread since you answered the initial one.

The CP has made verbal threats against me in the past, this is why I ask, and has threatened to call USCIS on my present spouse on a whim when they had already established legal presence in the United States.

My questions are as follows:

1) Would recording a conversation made between CP and myself or CP and child still be useful in Virginia if the CP made a threat directed at myself or child?

2) Would recording a conversation made between CP and myself or CP and child still be useful at the Federal level if the CP is making threats at that level e.g. I'll call immigration, I'll call the IRS, I'll call the military police at your base etc?

Thanks SOC.

#25
My State is Virginia, child's is Florida.

Child advised that CP has given my unlisted phone number out to his friend's father in Virginia. I do not know his friend nor do I know his friend's father. This could be for the purpose of keeping an eye on myself or child etc, but feel that my privacy is being violated as the child's visitation should only be subject to the terms of a court order, and not some third party.

I spoke with CP on phone and asked CP if this was an accurate statement, and CP replied "yes". I then advised CP that I did not authorize this, and passed phone back to child.

I could not ask CP why my phone number was given out, because CP always hangs up when questioned.

I don't know what to do. Whenever I let CP slide, CP starts their own TIT for TAT game.

I would like to send a letter advising CP that they have no authority to give out my number without consent, but feel that my letter would just be a paperweight.

Sorry to hit you with multiple posts tonight, but it has been a rough night.

My question is as follows:

1) How far can I go to make CP "understand" that they are not to give out my telephone number without my consent?

2) What enforcement can I take against CP if they choose to ignore my request?

Thanks



#26
I would like to know if I can legally record a telephone conversation between my minor child and Custodial parent while he is with me during visitation in the State of Virginia, and speaking with CP in Florida.

While I respect my child's privacy in general, CP is badmouthing me while on the phone with minor child. This deducts from visitation time.

My question is as follows:

1) May I record a telephone conversation between my minor child while he is visiting with me in the State of Virginia and speaking to CP in the State of Florida?

Thank you.
#27
My State is Virginia, child and CP reside in Florida.

I have served CP pro se lawsuits in the past.

This time I don't believe that I have strong grounds to file a lawsuit against the CP.

However, a few things need to be clarified and a letter will definitely need to be sent to the CP. In my limited legal experience, I feel that CP will get the point better if the sheriff is at CP's door as opposed to just getting the usual certified mail.

My questions are as follows:

1) May I serve CP a document as opposed to a lawsuit?

2) Does service of a document constitute the same "level" of substantiation as certified mail does?

3) Can I save a few bucks by serving a lawsuit on CP at the same time as serving a simple document on the ex?

SOC, thanks so much for your help. You are a great person. Godbless you.

#28
My State is Virginia, the child's State is Florida.

The CP bought the child a cel phone about a year ago so that CP could talk directly with the child without speaking to me and vice versa.

You might think that this is a good idea, and I did to. However, something has made me a bit uneasy about this. I could not quite put my finger on it, but CP seems to always have a deeper darker purpose then can be seen on the surface.

I do respect my child's privacy, but child always comes back to me feeling blue after talking to CP.

With my landline, I can at least document how many times CP has disturbed visitation per day.

Quite honestly, the child's cel phone does not seem to be condusive to "good visitation time" with me.

Do I have to continue to allow the child to use his cel phone during visitation time with me?

Thanks

#29
I reside in Virginia, but the child resides in Florida.

My child has told me that his mother has been making derogatory statements about me. I would like to record the child's conversation's with me just in case I ever build up a case to petition for custody. However, I am sure that this is subject to State law. Sorry for any of vagueness.

I would like to know the following:

1) Can I record the child's conversation with me during his visitation time in the State of Virginia?

2) Is a recording in WAV format (a.k.a audio playable onto a cd that can be played on any cd player) admissable in a court of law?

Thanks
#30
I am a few thousand in child support arrearages.

I would like to know the following:

1) Could I could call the Department of Revenue and have them put a lien on my 401k to satisfy arrears because at least paying into a 401k only to have a lien placed on it would help lower my tax liability this year.

2) Additionally, it is my understanding that there is no pentalty placed on such a lien if the state takes my money. Is this an accurate statement?

3)  Finally, my company contributes to the 401k. However, I will not be fully vested for 3 years. Could the Department of Revenue put a lien on the vested portion of the money as well or would I get in trouble and be forced to pay that money back to my company since their contribution is not 3 years vested yet?

4) Would the lien be "dynamic" in the sense that everytime I put money into the 401k it could be garnished for the purpose of child support arrearage?

Thanks