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Messages - dancurry

Pages: 12 3 4
1
Child Support Issues / RE: how to stop enforcement of child support
« on: Jul 31, 2006, 09:18:25 AM »
It's clearly taxation without representation. Taxing divorced fathers that don't owe support anymore is a punative action as well.


2
Child Support Issues / RE: how to stop enforcement of child support
« on: Jul 30, 2006, 11:00:01 PM »
What makes it really interesting is the rare cases that the mother forgives past support and the county continues to charge you interest on the interest for a debt you do not owe. Talk about criminal activity.

3
Child Support Issues / RE: how to stop enforcement of child support
« on: Jul 30, 2006, 12:12:48 AM »
Very true. Once the mother goes on aid, you can not make any agreements with her.

Of course my statements only apply to parties who are allowed to enter such contracts. This excludes welfare mommies as they have deministrated the inablility or lack of interest in providing for their children and prefer to suckle the tit of Government.

4
Child Support Issues / RE: how to stop enforcement of child support
« on: Jul 27, 2006, 10:14:06 PM »
I don't know what everyone else is telling you, but I always do a stipulation which includes a child support waiver should the amount agreed be different than guidelines call for. Also, notarizing the document is usually required. If you want a sample, drop me an e-mail and I'll send one to you.

DC

5
Dear Socrateaser / RE: Civil Default - Need Attorney
« on: Aug 23, 2007, 02:16:20 PM »
No, I didn't ask way. I guess I should have.  My Attorney friend had arranged the meeting and I really didn't put much thought into it. I just assumed that it would be attractive to him. I was surprised that he didn't take the case.

I'm going to contact his office and make an offer for him to take the case and see if that sways them at all.

thank you for your input. I'll post the response ASAP.


6
Dear Socrateaser / Civil Default - Need Attorney
« on: Aug 22, 2007, 10:44:45 PM »
I have a default against a party in a Civil case, the other party just happens to be my ex. In my complaint, I alleged five causes of action which include Abuse of Process, Intentional infliction, Fraud and more.

The other party was served using a process server as defined in the Business and Professional code to avoid any confusion as to whether she was served or not. She clearly was yet refuses to take part in the action.

Under normal conditions, such as a contract dispute, It would be cut and dry, I would win, she would lose. Simply cash in your chips.

In this case, a prove up hearing must be scheduled and the Plaintiff's attorney must argue damages. I certainly have damages, about $97k in bogus child support, a history of depression as a result of her actions against me.

My problem is I need a good attorney to appear at a prove up hearing and get a money judgment.

I have presented the case to some local attorney's, but they seemed unwilling to take the case. I did informed them that the defendent has much equity and a high paying job and that the default has been in effect for nine months making setting aside the judgment more difficult under CCP 473. My offer was really presented as a collection case for the most part. He would have to appear and gain a good judgment, then a split on the collections.

Things being as they are. I am hoping you might know or have contact with someone that might know an attorney that would take such a case?

The defendant has $350k equity in a home and monthy income between $6k - 8k.




7
Dear Socrateaser / RE: No response
« on: Nov 03, 2006, 10:11:10 AM »
"I probably would have pled them as separate cases "

Just curious. My understanding is that you must plead all causes of action against a party in one complaint just as the defendant must plead all affirmative defenses in their answer.

Also, I don't know about his State, but even though I have a default against my ex in a Civil case, I'm still required to prove any damages in excess of acutal monetary losses. Because of this, I will have to prepare for a proveup hearing and prepare a trial brief and such. Not a walk in the park when it comes to proving losses from emotional damages. In my case I will likely hired, at great expense, a forensic psychologist to proved this evidence.



Questions.

1. (regarding first paragraph) Am I off base, misunderstanding the subject matter or just goofy?

2. (regarding second paragraph). Does this differ much from state to state? If so, perhaps I should have filed in a different state to better my odds? :-)

8
socrateaser,

Thank you soo much for helping with this matter. Both me and my Russian Comrade thank you.

DC

9
Dear Socrateaser / RE: Foreign Support Orders - Hawaii Jusisdiction
« on: Oct 31, 2006, 06:52:24 PM »
The documents have been scanned and E-mailed to you.

Let me know if you need any further information.

DC

10
Dear Socrateaser / Foreign Support Orders - Hawaii Jusisdiction
« on: Oct 30, 2006, 06:43:12 PM »
I am from the Republic of Belarus. I am currently living in the State of California in the Country of Merced. I am here working on as a Postdoctorial fellow at the University of Merced California. I will be here approximately one year then leave to go home. I have one minor child who lives back home with his mother. His mother frequently travels and is now in Hawaii for some reason. To the best of my knowledge, my child is rarely with her because of school.

A support order was issued back home and I paid all my support and I am current up to Sept. 06 when the mother terminated the order and ended support.

I was just served the following documents from the State of Hawaii:

Registration of Foreign support, Notice of Registration, Declaration of Petitioner.

I only have until Friday to answer as the documents served did not allow time for service.

My questions for you are.

Do I file an objection, answer or what type of document?

I have no means for travel to Hawaii, is a telephonic hearing an option?

Does registration of a foreign support order authorize modifications of foreign support orders?

Isn't a foreign support order needed before the court can register it and doesnt' the fact that no order exist bar this?

Neither party nor the minor child is a citizen of the U.S. or a perminate resident. Doen't this factor into the courts jurisdiction?

Thank you for your time Socrateaser. I will probably have more questions but must cease typing due to a massive headache

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