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Messages - socrateaser

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Dear Socrateaser / RE: Follow-Up to Meeting W/ State Rep
« on: Mar 08, 2007, 09:25:41 PM »
Mr. Thompson probably wanted to know who the opponents were, so he could calculate the votes on each side of the issue. Of course, the votes are always pretty much 50/50, except for those with a vested interest in the system who will vote against any changes.

It's a tough road. And, while I know that you would like to make a constitutional issue out of this, the problem is always the same. Courts do not want to touch legal issues that appear to injure the weak -- in this case children. So, even if you start with the argument that giving both parents anything less than a 50/50 split, absent a showing of parental unfitness, you are wandering in the land of substantive due process -- an area in which there are two U.S. Supreme Court Justices (Scalia, Thomas) who are on record as believing no such constitutional right exists. As for what Roberts and Alito think, I don't know, but I wouldn't be surprised if both would lean heavily against substantive due process arguments.

That's four stacked against you before you petition for certiorari. And, Stevens could pass away any day, in which case President Bush will start looking for stealth candidates to try to pass by the Democratic majority. If Bush succeeds, then there will be no substantive due process, and your case is over before it starts.

Thus, I suggest you continue working the legislative angle -- which you seem to be doing remarkably well.

Dear Socrateaser / RE: New GA Child Support Calculator
« on: Mar 08, 2007, 02:42:00 PM »
Income from wages is entered on Schedule A, Line 1. "Assets which used to support the family" means: income producing property, such as agricultural property which generates income. You would enter the income produced by the assets, not the value of those assets.

If there is a line with a more specific entry, like "royalties," or something like that, and your income producing asset is a royalty license, then you would enter it on the specific line. The "Assets which are used to support the family" line is a "catch-all" to pick up something that the court wouldn't ordinarily anticipate.

Dear Socrateaser / RE: Tape Recording in NY state and Illinois
« on: Mar 08, 2007, 01:31:58 PM »
>1) Is it legal or illegal for me to tape record a phone
>conversation (be it either from my home phone (land line) or
>my cell phone)?

Federal law permits one party consent during an interstate phone call. So the state cannot prosecute you criminaloly because federal law preempts state law.

However, in a civil action, if a tape recording is offerred into evidence while made in violation of state law, the court could conceivably still refuse to admit it, so as to uphold the state's public policy against invasion of privacy.

You would have to go a very long appeal road to counter the judge's ruling if he/she won't allow the evidence. But, you're probably safe in making the offer.

>2) Will it depend on who is making the call?  Does the NY law
>apply if I am the one making the call, but the IL laws apply
>if I am receiving a call from my ex-wife?

Federal law preempts both.

>3) How admissable would the recordings be in court?  

Already answered above.

Dear Socrateaser / RE: Reprhased...
« on: Mar 08, 2007, 01:25:19 PM »
>If I filed a show cause though the debt is settled, would the
>court in any way punish the company for not obeying the
>summons as required by law?

No. The debt is settled, and that case is over.

Dear Socrateaser / RE: always the drama
« on: Mar 08, 2007, 01:12:31 PM »
>Since we have joint legal custody, can I sign the IEP without

Legally, yes you can sign and it would be a valid authorization. But school policy may still be to require both parents' signatures, so as to avoid any court entanglement. If I were the school's attorney, that's what I'd advise.

>I thought joint legal meant I have 100% and she has 100%- so I
>can 100% agree and have it implemented and she can 100%
>disagree- but it's moot, because I signed it- valid

You're correct. But, see above.

Dear Socrateaser / RE: New GA Child Support Calculator
« on: Mar 08, 2007, 01:09:40 PM »
>1-Is the state of GA asking for my spouse's income on this

Can you point me to an online copy of the form. "Assets" generally does not mean "income," so my initial response would be "no." But, as this is all new GA guidelines, it's possible that the form is simply misleading.

Imagine that the government could publish misleading materials? Nah! Couldn't happen.

>2-Will the state of GA use my Spouse's income to calculate my
>child support?

I don't know GA support guidelines -- sorry.

Dear Socrateaser / Trained mediator...
« on: Mar 08, 2007, 01:06:55 PM »
Does that mean you are licensed to practice law in AL? If not, then you cannot give legal advice on this board -- mediator or not.

Dear Socrateaser / RE: Change of Circumstances?
« on: Mar 08, 2007, 01:03:38 PM »
>1) Would CP's parent's divorce be a change in circumstances in
>this case?

Probably not. The issues you are describing are primarily financial in nature. The general solution to a financial problem for a CP is for the NCP to PAY MORE MONEY.

Not what you wanted to hear, huh? Sorry.

>2) Would it be advantageous to file any motions for custody
>and/or child support modifications now, while she is without a
>lawyer or is that unethical?

It's not unethical -- but, depending upon NM law, you could end up paying part/all of the other parent's legal fees.

Bottom line is that if you have evidence which clearly and convincingly demonstrates that the CP is unfit to parent, because she is placing the children in harm's way, then file. But, if your case is that the CP is short on dough and the children are at risk, then the court will probably order you to pay more support, if you're able.

Not what you wanted to hear, huh? Sorry.

Dear Socrateaser / RE: Would it matter?
« on: Mar 08, 2007, 09:41:20 AM »
>If I filed a show cause against them in J&D court for the
>continued flopping on CS payment dates, what could the court
>logically do if proven?

Court could fine the company for willful non-compliance in the amount unpaid at the date(s) the company was delinquent, based on the company's willful failure.

Trick is to prove that the pattern of failures to pay timely was sufficiently intentional to satisfy the court. If it happens as often as it does, then I would suggest you write a letter to company and offer to settle the issue for some amount less than what you think you could get in court, and give them 5 days to respond, or you'll sue them.

At the moment, I can't remember if you would have to sue the company in regular civil court, or whether you can file a show cause in family law court. If it's the former, that could be a bit of a pain in the butt -- as I'm sure you remember from the small claims collection problems you had with your ex's prior employer.

Sometimes I actually remember stuff from the past.
>If I choose to file a show cause against them for ignoring the
>25% law regarding garnishments, though the debt has been
>settled, what could the court do?

I don't understand this question. Rephrase.

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