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Topics - hoosierpapa4

#1
If I had time, I could write a book on all the crafty (and crappy) things my x has tried to pull....

The latest is that she has filed for Chapter 7 bankruptcy protection in the Federal Court system where all bankruptcies are heard.  She included a judgement for child support in her filings but didn't disclose that it was indeed child support.  Under the bankruptcy laws, you are not to be "forgiven" or "relieved" of your obligations in a Domestic Order (CS).  I have spoken with the Trustee's who handle these types of matters and they have suggested that I write a letter to her Attorney with evidence that shows the previous orders of the Court that contradict her claims that this is just a normal judgement of the Courts.

I have written my letter, provided information to her Attorney that refutes her claims that this is anything other than CS.  She testified under oath that this is NOT CS.  Penalties for perjury in Federal bankruptcy court, when it's of a material nature (not disclosing assets as one should, artificially increasing the amount of a debt owed so as to make it a no-brainer in the assets to debts columns, or the nature of the debt) is $500,000 or 5 years in prison as a maximum penalty.

I don't necessarily want to see her punished, but want to encourage her attorney to either 1) amend the filing or 2) withdraw it entirely, in either event, the CS should show back up on the worksheet as a priority non-secured debt ....

Has anyone else had to deal with a crazy, got nothing to lose x-wife that's pulled this kind of stuff?  Any advise?

#2
I will make this short and sweet.  Divorced in 1999 (if you can believe that), have 4 kids, joint legal, primary physical with XW.  Eldest was withdrawn from High School without my consent and contrary to the Orders of the Court (whereby she is to keep me informed of all school stuff including but not limited to disciplinary, achievement etc.) at age 17.  Have many contempt citations that I intend to file pertaining to her lack of obedience when it comes to the Orders of the Court.

Support was set in March of 2003, I was hosed, they used my over-time and one-time bonus which was extensive as a basis to determine income back to XW's filing in 2002.  This created a $13,000 arrearage.  The Court set support at 250% higher than was previously ordered, Magistrate ignored situation.  I filed for modification less than a month after the initial 250% increase due to the Court not recognizing that income as less than reliable means of support, and change of circumstances.  I have my kids half of the time, yet I get to pay $500/week to support them.  XW underreported her income claiming to work a full work-week would not permit her to spend quality time with the kids, yet it's the same time that I spend with the kids.

I am due to get to Court now in August, a full 16 months after filing the modification.  Due to the change in circumstances, I should now be paying $350/week using year 2003's income, and the fact that I have another child born to me through a subsequent marriage.  The arrearage could very possibly be wiped out due to this change of circumstances.

XW has hired two attorneys to represent her in the modification of child support, not separately, but together.  I believe her intent was to jack the atty bills up in hopes that it would discourage me from continuing my efforts to get child support modified to a reasonable level.

Now comes my question:
Since my eldest was withdrawn from school, and her mother is attempting to find her a place to "move her in to" outside of her home, and her birthday is a few days after the next court date, what would my chances be in arguing emancipation of the eldest when she would not be eligible to be emancipated until 4 months following Court date.  The next available Court dates would be in the spring of 2005.  Do you think that I should wait until she is moved out, living on her own for 4 months, and 18 years of age, then re-petition the court and wait another 16-18 months, or get the Judge to set a support amount when the event occurs?

Thanks for listening to me blather.
#3
Dear Socrateaser / Where's soc?
May 23, 2007, 06:25:19 PM
I just jumped back in here after a few months away and wondered why there are no posts from Soc himself.

#4
I want to be prepared in the event that what I am observing comes to fruition.  State is Indiana.  Daughter is having considerable issues complying with social norms, to the point where her Psychiatrist has diagnosed her as Anti-Social.  She has had a considerable number of run-ins with the law and is reaching the age of majority (18) soon.  Our family court system is based upon emancipation; reaching the age of 21, becoming married, in the armed service, capable or supporting one's self.

Her stints with the Juvenile system have landed her in their "care" on several occassions and if the pattern continues, she will find herself in "big girls" prison shortly after she reaches the age of 18 if she didn't learn from her interactions with the Juvenile system.

1) Should she end up in prison for any period of time exceeding (a number) days, and not in CP's care, what if any petition do I present to the court to address the issue that support is going to CP while the care of our daughter is with the State?

2) Does imprisonment constitute not being in the care/custody/control of the CP?

#5
Soc,

Order on overpayment of support was just written, long story short Indiana (IN), motion for modification of child support and custody was ruled upon and support mods were retroactive to the date of filing (several different dates and reasons for modifications - like emancipation of one child, subsequent child etc.)

Text of the order is as follows:

Caption: Order of Judgment of the Court

The Magistrate, having taken the issue of the arrearage owed by Respondent to the Petitioner under advisement, now submits an order recommending that the Court find that the arrearage owed by the Respondent to the Petitioner be found to be in the sum of $8,271.00 and that a judgment in the amount of $8,271.00 be entered against the Respondent and in favor of the Petitioner.

And this is signed by both the Magistrate and Judge who approved it.

From speaking with the CSE folks, this is not an arrearage which will be recorded in their offices for collection, but rather a judgment payable by the Respondent to the Petitioner.

Speaking from your vast experience, and knowing that this is Civil Court, and it's not "chump change" we're talking about here:

1) What is/are my remedies if she does not pay the amount ordered by the Court, and how would you proceed if you were advising your client who found himself in this position?

2) Can a tax intercept be performed on a judgment vs arrearage?

Thanks in advance Soc, and I hope everything is going o.k. for you.
#6
I was recently in receipt of one of the most ludicrous exchanges between attorneys that I have seen since prior to the filing of my final divorce decree over seven years ago where a $15 pair of jeans cost over $400 to discuss.

My son was previously selected for an honors program, I conveyed to my son that he would need to keep his grades up in order to participate (C or better), this is both the requirements of the program and his custodial parent.  I wrote my x via email back in December indicating what my requirements were, and sent her a copy of the requirements and details of the program.  I believe that my son "cried" to his mom following the news that he didn't keep his grades up, which precipitated her response.

She had her attorney send a letter detailing the program, it's dates and times, and requesting his participation and reassurances that I would allow her to have him participate even though it would be during my parenting time.  Along with some pretty obtuse statements made by my x were some outrageous assertions that "I conveyed that if she were to remove my son from school that I would prosecute her for kidnapping".

1) What if anything can I do to recouperate the costs of this exchange?

2) Can I request that there be any kind of sanctions for this diatricious exchange as her attorney did not have all the facts before launching this exchange?

Thanks Soc.
#7
Soc, Indiana, have motions before the Court for contempt/show cause in a post-decree matter involving the payment of uninsured medical.  In Indiana, first 6% of child support is apportioned from NCP to CP for the purposes of paying the uninsured medical portion.

I have sent via Certified Mail, 3 letters requesting payment of uninsured medical portion along with request for reimbursement, 2 of these have been received and delivery notifications have been sent to my home as per USPS procedures.

Of late, the latest letter sent via Certified Mail is being met with recipient not acting upon the notification that the mail carrier attempted delivery and that the item is in the post office for pick up.  The other 2 were delivered and receipt signed for at time of delivery.

Contents of last letter, which is the only one so far not delivered, is the schedule for the childrens councelling sessions (which are ordered by the court), and request for reimbursement of expenses on behalf of the children from their previous sessions.

Contempt is for non-payment of uninsured medical which includes explicitly their counseling sessions.

1) I don't know if / how procedures work within court when it comes to presenting the letters which were not received and their contents, can you explain how this can be represented during contempt/show cause?

2) I doubt that this letter (#3) can be contemplated as "harassment" because the other two were delivered to her home and the only thing that she had to do was sign for it's receipt.  Do I dare send any more "expressing my dismay" at her willful violations of the courts orders?

3) Any other thoughts on how I can compel her to abide by the orders of the court?

#8
Dear Socrateaser / Perjury and contempt
Sep 25, 2005, 01:48:43 PM
Indiana Soc.  I believe that my opponent is being "setup for a fall" by the judge, this is the third time that I have had contempt / motion to show cause before the court for non-payment of medical.  The Court did not change (via motion for correction of error) from a pre-dated motion for change of custody and support, the Respondent's receipt of $'s for health care on the worksheets.  This means that Respondent is receiving $s to provide for very explicitly defined uninsured medical expenses and amounts that are based upon the worksheets.

Petitioner carries primary insurance, Respondent carries secondary.  Mine (Petitioner) has very comprehensive coverage, even at that, the uninsured portion is almost (but not more than) the amount covered by the 6% rule here in Indiana (6% of uninsured medical is pre-paid through support).

I know that this dollar amount is less than the 6%, and on top of that, even though Respondent has insurance to cover those amounts not covered by my insurance, she has not been submitting those costs to her insurance company because the service providers are not receiving the $'s.  At least I don't think she has submitted them as the service providers are not in receipt of the uninsured portions.

I have filed a motion for contempt and rule to show cause through my atty.  I have asked my atty to subpoena the secondary insurance provider for their records showing EOB's (explanation of benefits) and $s submitted/paid to service providers and the member (Respondent) for the benefit of the children who are supposed to be covered.

1) If these subpoena's show that Respondent received reimbursement but did not pay provider, you think the judge is gonna be happy with Respondent?

2) If Respondent did NOT submit to secondary insurance company, is she still responsible as if she did (eg. if secondary insurance company would have covered all submitted co-payments).

3) By not submitting the expenses, or receiving payment from the secondary insurance company but not paying the service providers, wouldn't this show wilful disregard of the Courts orders (knowing that you don't have a copy of course)?

Thanks in advance Soc...
#9
I am trying to determine if this guy from the collection agency is full of it or what.

Fact, non-custodial parent is ordered to pre-pay 6% (through child support withheld), the other party is to use this 6% to pay for uninsured medical, dental, prescription etc., thereafter, it's split 75% / 25%.  Indiana laws apply.  Dentist has taken to collection the amount owed for Ortho work completed for dependent.  Custodial parent has entered into payment agreement, recognizing the obligation with dentist but has renigged on payment agreement (which is why it's in collections).  It was proven at trial that Custodial parent was not, has not, and did not meet the 6% on any uninsured medical, dental, prescription etc. payment on behalf of children at trial (never exhausting the 6% prepaid).

Collection guy says that the Orders of the Court from Civil proceedings (divorce, post-decree matters etc.) aren't worth the paper that they are written on.  In fact, he told me that you could use it (after crumpling it up) as toilet tissue.

1) Is this guy full of it?

2) Can the Courts ignore the previous orders of the Court and award the collection agency via 50/50 split of what's owed to Dentist?

3) If this is true, then why should any of us abide by the orders of the court...  Shouldn't we all just testify that we didn't do XYZ because we can't or couldn't afford it, or that it was just a big misunderstanding...

What really smokes my tail is that I gave the X over $64,000 in child support over the last 2.5 years and she wouldn't pay the deductibles for the childrens care.
#10
Dear Socrateaser / Would believe that this ERROR
Aug 09, 2005, 08:51:37 AM
Order from Court, Indiana, indicates that incomes imputed to the parties are x and y.  X = W2 Gross income + the cost of insurance (the portion not provided by my employer).  The Orders of the Court aren't explicit in how it arrived at the $ amount imputed, however, the only way to come up with the yearly gross income is to take the W2 gross income and add the $'s expended for insurance coverage.  Y's income is imputed solely on W2 gross income which comes from W2 box 1.  X is required by order of the court to cover the children on insurance.

1) I know this is a stupid question, but how can a Judge with a straight face add the cost paid on a pre-tax basis to the w2 gross income and call that yearly income?

#11
Soc, Indiana, post-divorce decree matters were started April of 2003, have an Order from the Court dated July 21st of this year, however it's riddled with error.  I have asked my attorney to "correct the errors".  We have until the 20th of August (30 days) from the date of the Order.

Some of the errors are:

There were four events which transpired which would have warranted a new child support worksheet during the almost 2.5 years that transpired since my original filing.

In the facts section of the Order, there is recognition that a subsequent child was born to me and my wife in 2004, yet there is no new worksheet reflecting this event.

The Court did emancipate one of my children, didn't do it from the date of my filing, but instead "picked at date" that is 4 months before the date of hearing the matter of emancipation - I understand that it's within her discretion to choose a date between the request and the ruling - I don't know if this is an abuse of discretion.  The matter of emancipation was delayed for hearing because of dilatory tactics, the opposing counsel asked for and received a continuance last year.

The incomes used are disproportionately skewed towards the X's benefit.  Instead of using W2 Gross incomes, the Magistrate used my income prior to the pre-tax deductions for things like my healthcare costs (it's like taking the w2 gross and adding what I paid for healthcare back in).  The Magistrate did not add the X's health care back to her W2 gross.  The Magistrate used incomes for the X that are clearly not supported by facts presented at trial (I have no idea where she came up with the X's income).

A modification of custody was requested via an agreed entry, whereby my "status" was changed from a "visitor" to being my sons Primary Custodian (231 overnights).  The Court ignored this change in circumstances.

The Magistrate did not create a new worksheet reflecting these changes of circumstances which would warrant a new child support obligation.

I have asked my attorney to correct the error.  Child Support does not reflect the current custodial arrangement, nor does the support calculated retroactively to the date of my first request (April of 2003).

The Court has given both parties until the 12th of August to calculate the negative arrearage created by the retroactive nature of the support awards (I am still paying about double what would be ordered through an IWO).  The Court has also ordered a new IWO.  The first IWO was a voluntary IWO, now one is ordered - without cause.

1) How can I compel my attorney to do what I have asked?

2) Since the very first thing that I have asked him to do for me was modify child support from April of 2003, and that has yet to be done correctly, can he refuse to represent me at this point?

3) I have pre-paid for services rendered up to and including what was estimated last year, it has taken more time and money than was estimated (no suprise here), can my attorney refuse to finish what was started when there is error with the Order presented?

4) This attorney has already missed dates by which a response was required in the past which cost me dearly.  He had indicated that he would "eat the cost", yet it appeared on my bill.  What can I do to point out that he is not acting in a timely manner in the best representation of his client?

5) All I want is what would be fairly calculated using the facts established at trial.  I would believe that a Motion for Correction of Error is warranted, if it's denied, I want my attorney to appeal it as everything testified to, submitted into evidence etc. supports a completely different outcome than what the Magistrate conclusions are.  Don't Magistrates have some sort of tenure, wouldn't she want this error corrected and not appealed?

Thanks in advance Soc.
#12
Dear Socrateaser / Getting nervous and frustrated
Jul 16, 2005, 10:03:24 AM
Last Court appearance was on April 25th of this year, Indiana.  Court directed both parties to submit "Findings of Fact, Conclusions of Law, and Order" for the Court.  Both parties submitted their recommendations (28 days after the Court ordered them to do so).  According to Indiana Trial Rule procedures, the Court has 90 days to render an Order.  That would be 90 days from April 25th according to my attorney (July 24th).  Also, if no Order is generated by Magistrate for signature by a Judge, or if the Judge doesn't sign/approve the recommendation of the Magistrate, then our only recourse is to petition the Supreme Court of Indiana for an appointment of a Special Judge then rehear the case.

1) Is there anything short of rehearing this that my Attorney can do to "encourage" the Magistrate or Judge do their jobs?

I understand that it might rub the Judge or Magistrate RAW having one party "encourage" them to do their job, but I have been waiting 2.5 years to get support modified.

2) Is there any official way of requesting a status or status hearing to find out where this Order is after waiting the 90 days?

Thanks in advance for your help.
#13
Soc, I live in Indiana.  Back in March, primary physical custody was changed to me.  At the time, there was only an issue of support amounts and calculations of arrearages (negative in this case) based upon a requested emancipation.  The Magistrate had both parties submit: Matters of Fact, Conclusions of Law, and proposed Order.  Both parties have submitted these to the Court back in May.

It has been 5 weeks since we responded with these documents to the Court, it's been 15 weeks since custody was modified.  If I am correctly reading the Trial Rules here: http://www.in.gov/judiciary/rules/trial_proc/index.html correctly at 53.1 and 53.2....

1) how long does the Magistrate have to respond to the above proposed Matters of Fact, Conclusions of Law, and Order?

2) Is there anything that my attorney can do to set temporary support while we wait on the Orders from the Court given the Conclusions of Law from the Order of the Court back in March?

Thanks in advance Soc, you're a life saver.
#14
Dear Socrateaser / Motion or emotion
Jun 13, 2005, 07:13:15 PM
I have been 2.5 years now trying to get a modification of custody and child support accomplished.  The modification of custody has been completed since March of this year.  In April, both parties were directed to provide the Court with Findings of Fact, Conclusions of Law, and Judgements for the Magistrate to review/modify etc.  This document from both parties has been in the Magistrates hands now for a month, custody was changed in March...no support modification has yet occurred.  The last Order of the Court was approved by a Judge at the Magistrates request at more than 30 days from the date that the Magistrate submitted it for approval.

1) What if anything can I do to encourage the Court to expedite this?

Thanks in advance.
#15
Dear Socrateaser / Question about fraud
Feb 26, 2005, 08:40:18 AM
My X wife has fraudulently applied for assistance with our local school system which in turn forwarded the application to the state who in turn forwarded it on to the Federal Government for assistance for FREE lunches and text books at school.  The application was mailed.  The application understates her income, understates the child support received, and includes people who didn't live in her home, and didn't include the income of those she stated lived in her home at the time the application was filled out.  The children DID receive these benefits due to this application.

When I say "understated", I don't mean by a couple of bucks, or a best guess estimate, I'm talking about recording her income as 1/4th of what it really is along with child support figures that are 1/5th of reality.

With these facts stated, and with subpoena'd information from the sources and the application for assistance in hand...

1) What type of leverage does this present when it comes to proving her inability to tell the truth at trial, or getting her cooperation when it comes to a Joint Stipulation to avoid trial on the matters currently before the Court?

2) If this information meets the requirements for discovery (complied with local trial rules in discovery and presentation to opposing counsel), how would this best be presented at trial to prove that the X will go to any extent to "work the system"?

Thanks in advance.
#16
Indiana, contents of verified information for contempt:

Comes now....blah blah blah under oath and penalties of perjury, states the following:

1. On or about Date in 2003, this Court entered and Order obligating Petitioner to pay Eighty-one percent (81%) of any work-related childcare costs incurred by Respondent.

2. Respondent has incurred work-related childcare costs and has provided Petitioner with documentation pertaining to those costs along with a request for reimbursement.

3. Petitioner has failed to reimburse Respondent for his share of work-related childcare costs.

4. Several months have elapsed since Respondent requested Petitioner to reimburse her for Petitioner's share of the work-related childcare costs.

5. The Petitioner has contemptuously refused, neglected, and failed to comply with the Court's Order dated [two years ago].

6. The Respondent has been compelled to employ her attorney to prepare ....blah blah blah...give me money.


Now the questions:

1) I see nothing material in the Verified Information for Contempt, no EXHIBITS, no information whatsoever including but not limited to:

which children
from when to when
how much $
Who did the sitting
Did you offer the children to father (who works from home) in your absence

2) Isn't it rather odd to put a motion before the Court with no real meat to it?

3) When they go to spring this made up dollar amount and invoices printed on my ex's printer at work, will I be afforded an opportunity to request a continuance on this issue to do further research (like get copies of checks front and back, schedules from the day care providers etc.)?

4) This is from the actual Court transcripts from the Order that is referenced: "q. During the time when you're in need of childcare, would you be opposed to having your ex-husband take care of the kids?", "a. I never had."  "q. okay, so there would be no cost in having the children stay with their father?", "a. during the time that I'm at work, no."

do you think this will add any value as I would assume that the Parenting Time Guidelines which indicates that the other Parent will have the right of first refusal is also in effect?

Thanks in advance.

#17
I believe that I am in a position where the X may be willing to settle all outstanding issues (modification of custody, parenting time, child support, contempts etc.).  I do have an attorney.  I have communicated to my attorney what would be required in order for a settlement (terms including what type of custody - parenting time etc.).

What I would like would be your take on wording the acknowledgement that a substantial change in circumstances has occurred, and ensuring that the Joint Stip which will become an order of the court upon adoption by both parties has within it the acknowledgement that a significant change of circumstances has occurred in such a manner as to not allow the issues to go undocumented which started the motions.

Example:
The X allowed both of our minor children to smoke before the age of 18, provided cigarettes to them (one of them being an extreme asthmatic).  The X conscented to the withdrawal of my eldest, at the time 17 years of age from High School.  My now 18 year old has not lived in her care for more than 6 months, is not pursuing post-secondary or secondary education and is supporting herself (we do have a motion for emancipation too).

As you can see, and I won't bore you with the rest of the details, there is a complete lack of parental care and supervision involved.

1) Should the joint stipulation have wording within it which acknowledges these significant change of circumstances?

2) How do we (attorney and I) ensure that these "sins" are acknowledged in the event that the X decides a year from now that she would like to petition the court for a change of custody?

The last thing that I want is for the last 2 years of pain to go un-acknowledged and to be forgotten or not usable in future litigation as the X will file frivolous law suits, I would like to be able to point to the joint stip and say "how have these changed".

3) Is there another means of acknowledging these things than in the joint stipulation that would be more effective?

Thanks in advance for your assistance.
#18
I saw your previous post that had the following:

In order to prove criminal contempt, he must prove each of the following beyond all reasonable doubt:

1) that there is a valid, enforceable court order (easily proven).
2) that you have knowledge of the court order (also easily proven).
3) that you willfully and with conscious disregard, violated the order (not easy to prove at all).

I am in Indiana, the Court's Order of 2003 shows (synopsis):

Counselor appointment/named, apportionment of counselor expenses dictacted, child support modification granted, un-insured medical at $1800/year apportioned to CP, thereafter split at 80%/20%CP...

CP has refused to pay uninsured medical for years 2003, 2004.  CP also sent a letter to this effect to the counselor (half way through the year last year), and has kept true to her refusal to pay.  I can prove that the uninsured medical in no way exceeded $1800 half way through the year, additionally, I can show the letter that CP sent to the counselor and further corespondence between counselor and CP and myself confirming her refusal to pay.

1) In your previous response (number 3 above), getting out your crystal ball, with the letter of refusal to pay, and the fact that there is no proof that the $1800 has been met in either year in which the Order was in force, what do you believe the outcome of a contempt and show cause will have?

2) What is the general procedure for this type of petition of the Court, that is: Verified Motion for Contempt/Rule to Show Cause, will my attorney have to request a separate trial date between now and my Court appearance on other causes in another month to get this heard, or should I ask him to move it to the front of the issues to be heard in another month so as to have the most effect.

3) Can the Court ignore this petition, and effectively deny it?

I can privately provide the Court's Orders if that will help to clarify.

Thanks in advance for your help.
#19
In the past, I have posted specifically about the fact that my X has provided cigarettes to my minor daughter.  I am having difficulties finding Indiana Case Law where providing cigarettes to a minor has been a deciding factor in modification of custody.

1) Is there specific case law that you can point me to where this might have been used as a factor?

2) Can you re-state your opinion on providing cigarettes to a minor and how modification of custody based upon this fact (there are many more that I will be using obviously) has contributed to a modification of custody.

Thanks.
#20
Dear Socrateaser / GAL and ADD
Oct 23, 2004, 07:22:43 AM
My attorney has gone to school with the Attorney who is appointed as GAL for my children.  He knows that the GAL is diagnosed with ADD and has a significant problem with following up/through on things that are requested.

My atty has suggested that I present myself as "less intelligent" than I am, and permit the GAL to believe that anything that is pursued is her idea as she doesn't like to be lead, but would rather lead.

The GAL was appointed in the past, prior to my working with the current atty that I have.  The GAL ignored all of my requests and information presented to her and simply interviewed the children and my X.  After 8 hours of work, she presented to the Court that the children should remain where they are and that she believed that the X was "working with the hand that she was dealt", and that "she is doing the best that she can".  Since that time, there have been several significant events that have transpired which should not look favorably for the X.  eg. X withdrew one child from HS, other is failing completely (same child was stabbed at her mothers home by another juvenile), other is on probation with Juvenile authorities, X was providing minor children with cigarettes.

1) GAL ruled favorably for the X in the past, ignoring the situation that the children found themselves in.  Based on the things that have transpired since the GAL last ruled that Mommy's best... How should I present the information so that the GAL will think it's her idea on changing custody or at the least modifying parenting time?

2) Atty has presented her with 45 exhibits which will be entered into evidence at trial.  Should she choose to ignore those and continue to recommend that the children stay with mom (ignoring the obvious - like 18 police reports, letters from the Court appointed family counselor, CPS reports), how would she best be "impeached" at trial?

3) Based on the fact that I will not be able to get before the Courts until May of next year, should the GAL present her recommendation that custody be changed (say in 30 days), what can/should my attorney be doing between now and May to expedite the change of custody, would this be through a Joint Stip, Agreed Entry, and would this require the GAL to file her report with the Court and her recommendation?

Thanks in advance for your help.
#21
Indiana, Modification of Custody.

It will now be 2 years IF I finally get to Court this next March.  At each opportunity, opposing counsel requests and receives continuances.  This witness is unavailable, this date won't work, etc.  This has happened now 5 times.

1) I have asked my atty to tell me what would be required to get a change of venue to an outlying county, I have been told that they have less than 30 day waits to get full days on their calendars.  In your opinion, why is my atty resistant to requesting a change of venue?

2) Can opposing counsel continue to ask for a receive contiuances forever, and doesn't this impede or prejudice me and my case by continually granting these continuances?

Thanks in advance.
#22
Indiana, modification of custody.

Opposing counsel has "interviewed" my sons without my knowledge, or my attorneys, in his offices when my x-wife was in to talk with him.

My sons are on my witness list, and her's as well.

Sons are 10 and 11.

There is a GAL appointed to represent the children.

1) Are there ethical issues with interviewing my sons without the presence of the Guardian Ad Litem, or without prior consent from opposing counsel?

Thanks.
#23
I originally filed in Indiana a motion for Modification of Custody back in April of 2003.  Opposing counsel has been granted their 4th continuance, and I will now not be able to get into Court until March of 2005.  There are no other judges or magistrates who can hear this cause and this is the earliest date (in my county).  This gives the opposing party an opportunity to "clean up" their act, it doesn't excuse the things that have already happened, but it opens the door to the possibility that the other side will start to do what's required of the Custodial Parent.

1) What options should I be exploring with my atty?

#24
I have included the contents of the Joint Stipulation as drafted and have some questions associated with it.  My atty. doesn't believe that this will create an issue, but I believe it will.

STATE OF INDIANA                        )         IN THE ALLEN SUPERIOR COURT
                      )SS:         FAMILY RELATIONS DIVISION   
COUNTY OF ALLEN            )           CAUSE NO. 0xxxx-xxxx-xx-xxx

IN RE: THE MARRIAGE OF:   )
               )
Hoosierpapa A. Doe,       )
         Petitioner,         )
               )
and               )
               )
Hoosiermama E. Doe,      )
         Respondent.      )

STIPULATED AGREEMENT RE: CUSTODY

   Comes now the Petitioner, Hoosierpapa A. Doe, in person and by counsel and comes now the Respondent, Hoosiermama E. Doe, in person and by counsel, and the parties hereby stipulate and agree as follows:

   1. On March 3, 2003, the Court approved the parties' Stipulation regarding child custody. The parties' Stipulation provided that Petitioner and Respondent shall have joint legal custody of the parties' four minor children, namely: Hoosierdaughter1 Doe, born August 26, 1986; Hoosierdaughter2 Doe, born January 15, 1989; Hoosierdaughter4 Doe, born November 30, 1993; and Hoosierdaughter3 Doe, born April 26, 1992.

   2. The Petitioner, Hoosierpapa A. Doe, filed a Verified Petition for Modification of Child Custody which the Court has set for hearing on the 1st day of September, 2004, commencing at 9:00 a.m.

   3. The parties agree there has been a substantial and continuing change in the factors set forth in I.C. 31-17-8-2 and that the current orders regarding child custody of the parties' minor children are unreasonable and not in the children's best interests.

   4. The parties agree that Respondent and Petitioner shall continue to share joint legal custody of Hoosierdaughter1 Doe, Hoosierdaughter2 Doe, Hoosierdaughter4 Doe, and Hoosierdaughter3 Doe.

   5. The Respondent, Hoosiermama E. Doe, shall have primary physical custody of Hoosierdaughter1 Doe, born August 26, 1986 and Hoosierdaughter2 Doe, born January 15, 1989 until further Order of this Court.

   6. The Petitioner shall have parenting time with Hoosierdaughter1 Doe and Hoosierdaughter2 Doe at all reasonable times and places as the parties may from time to time agree all of which shall be in accordance with the Indiana Parenting Time Guidelines.

   7. The Petitioner shall have primary physical custody of Hoosierdaughter4 Doe, born November 30, 1993 and Hoosierdaughter3 Doe, born April 26, 1992 every Sunday commencing at 5:00 p.m. until Thursday morning when the children are delivered to school.

   8. The Respondent shall have primary physical custody of Hoosierdaughter4 Doe, born November 30, 1993 and Hoosierdaughter3 Doe, born April 26, 1992 every Thursday commencing at the conclusion of the school day until Sunday at 5:00 p.m.

   9. In addition, Petitioner shall have primary physical custody of Hoosierdaughter4 Doe, born November 30, 1993 and Hoosierdaughter3 Doe, born April 26, 1992 on every third weekend of every month commencing at the conclusion of the school day on Thursday until the conclusion of Petitioner's primary custodial time as set forth above.

   10. The Respondent shall have primary physical custody of Hoosierdaughter3 Doe, born April 26,1992 and Hoosierdaughter4 Doe, November 30, 1993 every fourth Tuesday of every month commencing at the conclusion of the school day until 8:30 p.m. every Tuesday evening.

   11. The parties agree that during the extended summer vacation they shall have primary physical custody of Hoosierdaughter3 Doe, born April 26, 1992 and Hoosierdaughter4 Doe, born November 30, 1993 on an alternating two (2) week period. Respondent's two (2) week physical custody period to begin the Sunday following the end of the regular school year.

   12. The parties agree that the Indiana Parenting Time Guidelines holiday provisions shall supercede the physical custody provisions described above with respect to the parties' four (4) children with Petitioner being designated as the "non-custodial parent" for holiday purposes only.

   13. The Indiana Parenting Time Guidelines provisions regarding the right of first refusal with respect to child care shall apply in all respects.

   14. The parent exercising their parenting time shall provide transportation for the children at the commencement of their parenting time with the exception of the fourth Tuesday of every month wherein as Respondent shall be responsible for transportation at commencement and conclusion of her parenting time.

   15. The parties agree that their hearing scheduled for September 14, 2004 regarding the Petitioner's request for Modification of Child Support shall remain on the Court's calendar unless otherwise agreed to by the parties.

   16. All prior Orders of the Allen Superior Court shall remain in full force and effect unless specifically modified herein.
   

1) In all paragraphs, there is this notion of "primary physical custody" while in the direct care of either Petitioner or Respondent.  To my knowledge, primary physical custodial parent is the one who ultimately would be acting in the best interests of the children and would be the one who ultimately makes decisions concerning the children.  By having it written this way, does it leave too much room for interpretation, or do you think the Judge will look at it and say that since Petitioner has the majority share of time with the children that Petitioner shall be the Primary Physical Custodian for the children?

#25
Dear Socrateaser / Mediation strategy
Jul 02, 2004, 07:05:19 PM
Indiana
Divorce was settled 1999

Currently before the Court is:

Modification of Custody
Modification of Child Support
Verified Motion for Contempt (3 counts)

Current custody arrangement is 3 of 7 with Father, 4 of 7 with Mother, Joint Physical Custody and Joint Legal Custody - primary physical with Mother.

Judge has recommended Mediation.  Motions for Mod of Custody and Child Support have been before the Court since March of 2003.  Finally get to Mediation the middle of this month.  Court date set for Aug if Mediation doesn't work.

Modification of Custody is based upon the following facts:
1) DUI - mother - actually stated to police officer that she is legally blind.
2) Driving on suspended license with children in vehichle.
3) Sleeping with 10 year old son.
4) Withdrew 17 year old daughter from High School when school was coming after her for truancy violations.
5) Buys cigarettes for 17 year old - daughter is only in mothers care.
6) Mother smokes in home with asthmatic child.
7) 15 year old is failing in school - daughter is only in mothers care.
8) I have remarried, have another child, wife is going to school to be a teacher.
9) 12 and 10 year old boys have excelled in my care 3 of 7 days.
10) Teacher of 10 year old had him last year, he went from principles list of troubled children (while in mothers care) to DEANS LIST and most outstanding improvement in my care.
11) I work from home, and can supervise at all times.
12) 33 Police reports at Mothers home (in 9 months), all negative including day care provider as "suspect".
13) GAL withdrew.
14) Youngest sons councellor reports that the boys are doing very well and thriving under care of father.  Daughters are ordered to be at councelling but mother withholds them - another contempt.
15) Councellor is "horked off" at Mother for not following Court Ordered recommendations.

Too many others to mention.

I have not been to mediation before.

Questions:

1) I would like physical custody of our sons, liberal visitation to mother (3 of 7) so that I can continue to ensure that their education is kept at the forefront, seeing how two of my four children (with x wife) have FAILED at school, or are in danger of failing, how do I present this in a positive light other than having the teacher come and testify?

2) I would like to have our sons in my care during the school year from Monday Night after school until Friday night after school, to ensure that they get their homework done, will this be perceived as negative?

3) My eldest daughter is 17, will be 18 soon, after 4 months of not attending school and working, I can move for emancipation of a minor, should I attempt to include this as a condition which forces a modification of child support, or should I wait until the event occurs before petitioning the court for emancipation?



#26
Dear Socrateaser / Contempt citation question
Mar 26, 2004, 04:51:45 AM
I currently have a contempt citation with the Court here in Indiana regarding a direct violation of an Order of the Court.  This was submitted to the Court approximately 6 months ago and will not be heard until sometime in August.  There have been other "events" which will constitute additional "counts" of the same issues, and additional issues which constitute contemptuously disobeying a direct Order of the Court in a manor unrelated to the previously filed Citation.

1) For the existing Contempt Citation, do I amend it with an additional count for the same violation?

2) Do I simply create a new Contempt Citation and indicate an additional infraction of the previously filed Contempt Citation?

Thanks for your time.
#27
Custody Issues / Indiana - DCS - FSSA question
Feb 27, 2006, 03:57:08 AM
Has anyone "worked with" DCS in Indiana on finding out what if any statutes or laws there are concerning adolescent/pubescent children of opposite sexes being forced into the same sleeping arrangements, eg. two bedroom apartment with parent, two boys, and one girl?  It's not adequate, even if the two boys must sleep on the floor of the living room, but I can't see where it is illegal.  Parent has "family bed" that wasn't a problem for GAL but I suspect that it would be a problem with the children's counsellor and DCS but don't know how this has played out for others.

Thanks in advance for your feedback.
#28
For those of you who remember when Waylon started these boards up and can remember his stories of trial and tribulation - I shared many of those with him in my battles to do what is right for the children of my previous marriage.

My ex wife has now "agreed" to a modification of custody which makes me the primary physical custodial parent of our two youngest children.  This after waiting 2 years to get before the judge.  It was resolved 2 hours before getting to court.  I have been doing battle with the ex wife for so long now, since 1999 to get this modification, that it seems surreal.

Way too many details to post here, but I promise you, I will post the things that swayed the decision on her "agreeing" to the change of custody as I am sure others will be interested in how it was done.  Request for Admissions was a HUGE part of it.  I will be asking Soc to post the forms somewhere that I created for my attorney - perhaps others can use it to "coerce" an "agreement" from their counterparts.

Basically, the request for admissions caused the ex to review in her head all the things that she did wrong, and either admit or deny the statement along with proof of her position.  When presented with facts that were accompanied with proof to their truth, she had no option but to admit they were correct - result: game over before it started.

Just too bad that it took since 1999 and two kids completely failing in school before she realized that she was doing something wrong as a parent (one of the kids was removed from school at her hand).

More to follow.  Prayers go out to all of you who are still fighting the good fight.
#29
Custody Issues / And the circle gets smaller...
Nov 27, 2004, 05:58:09 AM
Have been on these boards since Waylon started them and unfortunately have been the NCP since the beginning too.  My X, well, what can I say...she is self-destructive.  I have a modification of custody which I have waited two years to be heard, and will be waiting until early next spring to get before the judge.

The circle of friends that my X has is getting smaller.  She burns everyone around her.  She tells whoppers, and most often gets caught doing so, then she loses another friend.  Now, it's starting to affect her relationships with her family members.

This is sad, but it goes to show what type of person she is.  She has had an affair with her sister's husband (her brother in law).  Now, for this Thanksgiving, her family got together and "forgot to invite" my children and my X.

At the time of the Final hearings pertaining to child custody, the GAL said that their family was such a wonderful and supportive family for the X, and spewed some crap about how "disfunctional" my family was without ever having interviewed any of them (based on what my X told her rather than based on facts).  Well, we have the same GAL now for the latest modification of custody.  There are too many things to list that will make the GAL have to modify custody or look like an idiot in front of the judge.

Wondering out loud if I should offer this to the GAL, or wait for my X to initiate some sort of communication, then let it slip that her family is less than enamered with her parenting style and her attitude in life in general.

Your thoughts?

By the way, I am taking the children to my family's get together today where they are invited and welcomed.

Thanks.