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Topics - overcomer33

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Child Support Issues / The States gross negligence
« on: Dec 05, 2015, 10:45:21 PM »
First and foremost, thanks to the helpful replies to my initial post regarding Arkansas OCSE issue. To recap briefly,  the State stated I owed over 6000.00 on back medical support and child support. Their records didn't record a cashiers check I gave to my X back in 2008. I'm assuming because I gave it to my X and not to the state directly. I finally found a copy of the check, sent it to the State certified along with a request for Administrative Hearing.  A month has passed and no word. The state continues to ruin my credit, and charging me arrears. The check I paid my X in 08 was for back child support NOT medical. So where they're getting medical is beyond me. I have always paid half of my 15 yr Olds health insurance premiums and I've never been informed by my X of any medical bills. My X has not allowed me to speak or communicate with my child in 3 years. My child doesn't want to see me or talk to me much less fly here for my summer visitation.  She says it will take time away from her friends. She won't even reply to me on FB. So I've given up and just so tired of my love being shunned and ignored. How can I get the state to listen to me and see my proof of payment??? Thx

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Dear Socrateaser / Help with attny, judge.
« on: Jan 08, 2007, 04:26:49 PM »

Last court date dec 12, 06.

Judge said he'd get back to me with the order.
 

    1) How long must I wait for the circuit judge to reply? Court was in Arkansas. My atty says 120 days.

              a)How soon can I file any further motions once he does reply  And is this time frame from the court date or his decision?


My former counsel agreed for the judge to sign a Temp Order ordering me supervised visitation with my parents. I did not agree to this or even was aware of it, 19 months ago.

   2) I've taken this lawyer before the Proff Conduct Comittee and appealed their decision. It's been 2.5 months and they will not reply to the appeal they said they were going to do. What next step can I take to push them to decide my allegation of negligence by my former atty?

Ar. Civ code states that a civ case cannot be heard by any other judge other than the one that previously tried the case. However, if the judge and the plaintiff is in agreement  the case can be transferred to a chancellory court or another circuit. I know the plaintiff wont agree to this.

   3) Can I appeal the judges decision if it's not satisfactory?

   The plaintiff suspended visitation without a court order to do so 6months ago. I filed a petition for contempt prior to court pro se which was adressed. Ialso filed a Interrogatories, Request for admissions, production of documents. I had a attorney of record at that time but I didnt have the money to file all of the above with my atty. THe court or the plaintiffs atty did not recognize the above. Can I refile the motion to compel once i release my atty of record?

thx

3
I'll give a brief synopsis best i can of the last four yr court battle of my ex and I.
I was divorced over an affair with a fellow office employee. She became addicted to pain pills and went away for nine months in a state rehab/detention. I was ordered every other weekend, the standard protocol despite my attempts to enter a detailed parenting plan. I agreed never to let my wife be a caregiver to my child due to her history.
After the divorce and before my new wife and I got married is when she got into most of her trouble. However, i never missed a parenting day, called three times a week and wrote at least two times a week. My child was never left alone for one minute with my new wife and she never acted out of order or even resembled being high around my child. My wife's atty dropped a bomb on me by mailing me a copy of a Temp Order signed by my atty ordering me to be supervised by my parents and for my wife not to be exposed to our child. I could not believe that a order could be given without me having no knowledge or even consulted about it. I'm sueing my former atty now and will be hearing from the Proff. Conduct Committe's final decision soon.
I adhered to this order for 18months, trying desperately to get a court date but the plaintiff's atty and the judge continued it four times before we was heard.
My wife was released and the day after her release my ex moved my child to another city 101miles away, disconnected her phone and mailed me her new address and phone nu three weeks later. I was heartbroke not to know where my child was and having no phone contact.
My ex then suspended all visitation without a court order to do so. I have not seen my child but a few hours in the past six months. Then only in a park or at pizza hut with her  and her new husband peering over me. My ex does not inform me of medical visits, or anything about my childs life. She hasn't spoken with me at all in three years. I cannot get her to tell me how my child is doing mentally, physically or spiritually. My child is six yrs old this week. Another birthday held from me.
Court was Dec 12 06. The judge said he would give a decision later. No word yet! My atty says the circuit judge has 120 days to give this decision, is this true? Outrageous!!  Can I appeal this decision if i dont get what my atty and I asked for. That is all my parenting time the plaintiff has stolen and unsupervised visitation for me?
 Can i ask for a change of venue? My ex is shooting for six hours a month supervised. My atty is perplexed at this whole case and why it's being so difficult. He says i'll win and that its a easy case. He's the district atty so he knows this judge well. Prior to the court date and with my present atty still on record i filed pro se Request for admissions, interrogatories, production of doucments, she did not reply. I filed a motion to compel. She did not reply. My atty filed a motion for contempt for suspending visitation. She did not reply. I filed for a motion for contempt for her breaking a order that the judge gave upon our last hearing that was continued for the 12 of december 06. He didnt have time to hear our case so he threw me two hours of supervised visitation, she did not  show up. I filed for contempt pro se. She did answer this motion.
Perhaps her atty did not recognize my motions because my atty of record was still on file, i dont know. However she and the court did recognize my pro se contempt charge. I only filed all the motions to save money, i 'm now broke. If i go for more litigation it will all be pro se and I will re file the motions and depose her, i dont care if i make a fool of myself. I will have this woman in court every ninety days until my child is returned to me. I work for the state as a correctional officer, I have no felonies, no offenses, I'm drug tested monthly and licensed to carry a weapon for the state and myself. My wife is also drug tested monthly, and is doing great.
I just want my child returned to me, she is growing up without me and no matter how hard i fight, i just keep getting crapped on by judges and attorneys.  I have put myself in my ex's shoes and yes i see her concern. But not her unsubstantiated fears and thats all they all, unsubstantiated fears. Fear that I will harm my child, fear that my wife will harm my child, fear that my parents will harm my child. I have over 3000 hours unsupervised with my child and not one allegation against me of neglect, threats or anything resembling. All she could say was "he told our child that my husband's sister is not her real aunt because she's not blood related, my child huddled up on her bed and sucked her thumb." Thats it, thats all she could say about me during our 9 hour court battle. My wife , and her history and making her look like a monster was the main topic. But thats all it was history. She had a drug problem but no violence in her history. My judge is a circuit judge in arkansas. My ex and i both reside in arkansas but the court, her and I all live in different counties. I need another judge, change of venue. Appeal if applicable. Thanks

4
My legal battle has been ongoing for four years. My last court date was this month in which case the circuit judge said he'd think about the decision. That was dec 12, still no decision. I feel the judge is partial to my X and her wealthy family. My X told the judge, "if you want then go ahead and hold me in contempt." I couldnt believe my ears.
She has broken all but just a few of the orders in the original divorce decree, recently moving my child over 100 miles away and not notifying me until three weeks later by letter. She ordered me supervised visitation over 18mo ago, my former attorney whom i have a open case with the Prof Conduct Committee, signed this order and I didnt even know about it until my x told me and mailed me a copy.
This all stems from my new wife of two years who has a felony, she served 9 months in a state rehab and since her release shes working, staying sober and paying her fines. When my wife got out of rehab my x suspended all visitation on her own accord. I have only seen my five yr old child four hours in 8months, in a park with her and her newly wed husband peering over my shoulder, so belittling.
I'm flat broke after this last case. Prior to the hearing and with my attorney still on record, i personally drew up and filed request for admissions, production of documents, and interogatories of which she failed to answer nor the motion to compel that i also filed. The judge ignored this. My atty says the judge has 120 days to make a decision on our last case. My questions are: where can i find good legal books and perhaps free legal custody help.
This is a circuit judge of Arkansas. Can i ask for another judge if he doesnt abolish this absurd supervised order ive been given.  My x requested that i only get six hours supervised visits per month. I have no criminal background, in fact i work for the state as a correctional officer, watching over murderers and rapists, carrying out the mandates of the court. Why did my motions not recognized, can i refile the motion to compel? I want to depose her but im finding it very difficult to interpret the law and correctly depose. My x eavesdroppes all our calls and my child doesnt even want to talk to me. She calls my x new husband daddy and me by my first name. This has obsessed me, this injustice. How can someone be so wrong and be rewarded for it. I had to turn off my internet so im using a library, please give me a few days to reply. Your help is appreciated.

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