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Topics - wysiwyg

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21
Dear Socrateaser / Rental question please
« on: Apr 25, 2006, 02:21:21 PM »
Soc, we are in IN.  Apartment complex we are now residing at has started demolition and rebuilding of condos.  The manager nor the owner has ever sent out written notice of demolition, all is hearsay, or viewable.  Currently we are 6 months into our lease, owners are no longer signing 1 year leases, short term only.  Due to construction, we have been subjected to interuptions of water (crished main) electricty (blown transformer) and blocked entrances, and parking annoyances.  From my balcony I see nothing but caterpillars, not the cute fuzzy little creatures either.  We feel that all the above has been a disruption to the quality of life we have known here for the past 12 years.

We are planning on moving this summer, breaking the lease.  The lease has a typical abandonment clause telling us that we are liable for any deficiency in rent.

Three years ago, the manager gave to us a "Lease Termination Addnedum" stating that "In consideration of the Lessor agreeing to release the Lessee from the aforesaid Lease prior to its expitration date, the Lessee agrees to the following:  it goes on to say that we would owe any outstanding rent which may be due and owing at the time of the intent to vacate, give them 30 days notice of intent to vacate, $0 in additional lease termination fees, and $0 which is the total value of the rental concession granted upon siging the lease, and the addendum supersedes the Abandonment clause contained in the Lease.

The prior manager also noted, dated adn signed on this "This addendum follows the lease and is good for the entirety of tenancy."

Question:  Do you see any issue with us breaking the lease with 30 days notice to the landlord with no penalties?

22
Dear Socrateaser / Exchange times
« on: Apr 10, 2006, 07:38:19 AM »
Soc,

IN here, latest court order states "At the mid-way point during Christmas, the child shall be exchanged at 8:00 am on the day of the mid-way point." This was becasue there was contention as to exchange times brought up in court by BM.  There was no other testimony or situations where transfer times would be an issue that would have been made to an order.  

Question #1:  We have a situation where mother has instructed me to pick up the child at somewhere between 1 and 4 AM.  How can I state to mother that I believe that given the intention of the courts orders - that I believe the transfer time should be at 8 AM and not the middle of the night?


23
Dear Socrateaser / Cs ?
« on: Mar 28, 2006, 03:51:46 AM »
Soc,

I hope you had a relaxing and enjoyable vacation!  Welcome back!

Hopefully 2 quick questions.

IN
Last CS modification we had was in 2003, we believe that BM does not pay for day care yet it is still figured into the CS Calc.  

1.  If she no longer pays for day care, is it her responsibility to notify the Title IV agency so that a new amount can be configured for the parties?

2.  If she has knowledge of this and failed to notify the TItle IV agency, can charges be brought against her?

Thanks.

24
Dear Socrateaser / Indiana Parenting time Guidelines
« on: Mar 17, 2006, 01:05:52 PM »
I am having a hard time trying to understand something.  We were in court Monday, mother was found in contempt for failing to abide by mediation order, her attorney tried to make mediation sound so volatile between us that the court rescinded the mediation order, fined BM for BF attorney’s fees and stated that parties are to go by the Indiana Parenting Time Guidelines PERIOD [stressing this word more than once], the court order stated “the Court believes that it is important for the parties to start over with the new guidelines, with no alterations”.  The guidelines state that the NCP (me) is the have alternate weekends, and holidays and summer vacation as outlined, and that “Parenting time is both a right and a responsibility, and scheduled parenting time shall occur as planned”.  I have no problem following the guidelines but I know that she will twist them to her benefit, currently signing the child up for activities that will not allow me to see my child for 7 weeks and telling me that those are my weekends and child wanted to go to said activity, which then negates the minimum time concept.  

Questions:

1.If the order is without alteration, this means to me that no weekend/holiday trades will be allowed, correct?

2.Can BM sign the child up for activities that will take away my weekends without my consent or knowledge?

3.If mother signs the child up for an activity (say a camp weekend for scouts) in which father will not see the child at all – would this be considered as “Adjustments to Schedule / “Make Up” Time.  Whenever there is a need to adjust the established parenting schedules because of events outside the normal family routine, the parent who becomes aware of the circumstance shall notify the other parent as far in advance as possible.  Both parents shall then attempt to reach a mutually acceptable adjustment to the parenting schedule. If an adjustment results in one parent losing scheduled parenting time with the child, “make-up” time should be exercised as soon as possible.”

4.The guidelines also state “Any deviation from these Guidelines by either the parties or the court must be accompanied by a written explanation indicating why the deviation is necessary or appropriate in the case.”  Does this mean we can deviate or we can not (without alterations), or is this in relation to an overall parenting time order of deviation?

Thanks for your help!

25
Dear Socrateaser / attorney questioning and response
« on: Mar 14, 2006, 09:32:56 AM »
Soc,

IN here.

In court yesterday and our witness was a phd in child psychology, appointed by the court to act as domestic arbitrator/case manager for the parties.  Court order last September noted that the BM was ordered to participate in mediation, 12 letters from BF requesting sessions, 2 phone calls and 2 letters from mediator asking for cooperation, BF finally filed a contempt action due to her failure to comply with teh courts orders.  Court found her in contempt and awarded BF attorney's fees, although noted that mediation was not working for the parties and recinded the current mediation order.  

1.  How can the court recind an order that was not asked for?  ie we asked for mediation to continue and the PHd testified it was beneficial to the parties, BM was the one vehimently opposed to mediation.

2.  On the stand our attorney and subsequently hers, asked the question "why did you not comply with the order"  her answer was "Due to attorney client privledges, I can not answer.  What the heck is that all about?

Thanks.

26
Dear Socrateaser / Thoughts?
« on: Jan 01, 2006, 06:33:21 AM »
Good morning Soc, Happy New Year to you and to your family, I hope the New Year brings you much happiness and good health!

I was reading back into some old letters from BM in 03 and came across this - I had forgotten about it and have meeting with attorney this week and think it could be important in some way.

Situation:  BF pays CS via income with holding.  A few years back, apparently the employer spaced it and did not send the income with holding to the courthouse - although BF has paystubs to prove this was done via income with holding.  All was squared away within 2 months and satisfied.

BF received letter from BM in mid Jan stating "And, very honestly, it is also my understanding that he (employer) came very close to buying you some jail time. Whether you are aware or not, there was no child support submitted between November 15th and January 7th."  (BF was unaware)

1.  IF BM had prior knowledge of payment issues in receiving the CS paid through income with holding, is she not just as liable in some way?

2.  Is this not some sort of entrapment etc?

Thank you!

27
Dear Socrateaser / tax return question
« on: Dec 27, 2005, 12:04:04 PM »
IN - court order reads:  The Petitioner should be entitled to declare the minor child as a tax  exemption for income tax purposes beginning in tax year 1996, so long as the Petitioner is current in  all child support payments due as of December 31st of the calendar year for which the Petitioner is declaring the exemption. The Respondent should execute any and all documents required for the Petitioner to exercise said exemption as required by applicable state or federal taxing authorities.

Situation:

BF is under a income with holding order, Employer closed out his books as of Dec 31, 2004 paid all employees up to and including Dec 31.
BF has all paycheck stubs to show child support paid via income with holding.
Last CS sent by employer was paid on Dec 31, 2004 was posted on Jan 5, 2005 and Jan 6 2005 (Septerate checks sent mail to courthouse)
BF asked BM to sign IRS form to claim child she refused stating support was not paid as of the 31st.  BF tried to reason with BM that it was unreasonalbe to expect the employer to have the payments sent and posted prior to BF making the money in order for the payments to posted by the 31st.  BF has all paycheck stubs to prove a consistant and timely payment via income with holding and all before 12/31.  BF went to court house on Dec 31 2004 to make sure all payments were made - courthouse was closed. The formula the CS uses to calculate payments made between 1/1 and 12/31 are total paid vs total owed.   paid $14,277 owed $5,200.  (Additional paid was due to an arrearage that was paid off).  Courthouse or child support dept will not answer questions regarding grace period or how payments are posted (as in how payments made in same envelope get posted on 2 seperate days).

Got a letter form IRS today that the child's SS# was claimed by both parents and to make the proper adjustments if we were wrong and resubmit.  

1.  What should I do?


28
Dear Socrateaser / Help me understand?
« on: Dec 15, 2005, 04:21:51 PM »
Soc,

In here.

Court order reads:

The Court agrees with her (GAL) recommendation that a Case Manager/Domestic Arbitrator be assigned to this case to intervene in order to protect the child's interests and to prevent either party from alienating the child from the other parent, or in the event the parties cannot agree on the terms of their parenting time guidelines.
For those reasons, the Court hereby appoints, by a separate order, Dr. XX of as Case Manager/Domestic Arbitrator for this case. The Guardian Ad Litem recommended another modification to the Court's visitation order to eliminate more conflicts. The Court believes, however, it would be best for everybody involved, especially for the newly assigned Case Manager/Domestic Arbitrator, that the parties instead comply with the Indiana Parenting Time Guidelines.
Therefore, the Court amends its visitation order so that Mother shall have custody and Father shall have parenting time according to the Indiana Parenting Time Guidelines, effective October 1, 2003. In the event that there is a dispute, and in the event the parties cannot resolve the dispute according to section I(E) of the guidelines, the parties must employ the Case Manager/Arbitrator to mediate the dispute and to resolve the dispute as authorized by the Court's separate appointment
Order.

The Court believes that it is important for the parties to start over with the new guidelines, with no alterations, for the benefit of everybody who has been forced to become involved in the parties' personal matters.

Guidelines stsate:

I(E) When a disagreement occurs regarding parenting time and the requirements of these Guidelines, both parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court.

So help me to understand:

We have a mediator that is court ordered to resolve parenting time issues, but we have to follow the Guidelines and parenting time with no alteration, is this correct?

What do we do when we have a conflit WITH parenting time?

The court order states that if the parties can not resolve a dispute regarding the I(E) portion of the guidelines that specifically talks about parenting time - then we must employ the mediator to resolve the issue of parenting time, is this correct?

So what order or passage do we follow?

The situation is this, I gave BM notice of Christmas schedule in June.  In September BM was court ordered to participate in mediation within 7 days, she refused, court hearing set for Jan on contempt of court.  In Oct (4.5 months after we gave her a schedule) she said she disputed our xmas, we told her in October that she could call mediator to schedule session, (FYI She had only to follow the courts direct order for mediationin Sept to resove this but refused) now 9 days before xmas break she skips mediation all together and goes straight to her attorney and now both attorney's have been in contact via email and phone all day, to both of us an enourmous cost!  The court even stated in its order: "The Court hopes, however, that in the long run it will be less expensive than paying their attorneys to write letters, to file pleadings, and to appear in court. The Court also hopes that this procedure will be less harmful to their child."  We have asked her 22 times since JUne to go to mediation to resolve this but she refused.

Would another contempt filing for failing to go to mediation and for failing to resolve this issue in mediation given the above appropriate or would we loose becasue of the other passages?

I do not know what to believe anymore.

29
Dear Socrateaser / Almost laughable......
« on: Dec 14, 2005, 07:31:56 AM »
Soc,

Just a quick post....

We have multiple court orders that specify mediation for parenting related issues.  

One of the court orders read:

When a disagreement occurs regarding parenting time and the requirements of these Guidelines, both parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court.

BF has been asking BM to go to mediation for over 6 months, x mas schedule can not be agreed upon, BM has stated that if we do not agree to her schedule and insist on mediating the x mas schedule she will file suit against us for 10 times the amount of the mediation session.  OK so lets get this straight, we have atleast 4 court orders for mediation, and she is gonna sue me for doing what the court ordered?  Yea right!


30
Dear Socrateaser / How do you......?
« on: Nov 29, 2005, 01:51:20 PM »
I just feel like it is all a never ending battle......

Legal orders pertaqining to questions.

1.  Based upon her (GAL) findings, the Court agrees with her recommendation that a Case Manager/Domestic Arbitrator be assigned to this case intervene in order to protect the child's interests and to prevent either party from alienating the child from the other parent, or in the event the parties cannot agree on the terms of their parenting time guidelines.  For those reasons, the Court hereby appoints, by a separate order, Dr. RP as Case Manager/Domestic Arbitrator for this case.

2. In the event that there is a dispute, and in the event the parties cannot resolve the dispute according to section I(E) of the guidelines, the parties must employ the Case Manager/Arbitrator to mediate the dispute and to resolve the dispute as authorized by the Court's separate appointment Order.

3. The parties are hereby ordered to submit to domestic arbitration/case management with Dr. RP.    

4. When a disagreement occurs regarding parenting time and the requirements of these Guidelines, both parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court.

5. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court that an order shall be entered THIS 20th DAY OF Sept, 2005 ordering the Respondent to immediately communicate with Dr. RP and the Petitioner within seven (7) days to set up and secure a two hour mediation session.

6. Holiday schedule for Christmas:
One-half of the period which will begin at 8:00 P.M. on the evening the child is released from school and continues to December 30 at 7:00 P.M.  If the parents cannot agree on the division of this period, the custodial parent shall have the first half in even-numbered years.  In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day. The winter vacation period shall apply to pre-school children and shall be determined by the vacation period of the public grade school in the custodial parent’s school district.

Childs school break is Dec 20 at the close of school until Jan 2 when child returns.  Child's Half sister's break starts Dec 23 at the end of school until Jan 9th.  

Problem and question:

BM has refused to follow all court orders to enter into mediation, BF has court date for her on contempt for refusing to follow all court orders specifically Item #5 above.

BF gave BM notice of his intent to Christmas vacation on June 2005 (proposing child with BM from school break start to 4 PM Dec 25, then with BF 4 PM Dec 25 up until and including his NEw years holiday of 7 PM Jan 2 since Dec 25 is the midway point give or take a few hours), stating that child and half sister were on 2 differnt school break schedules and child's other half siblings would be home for the holidays that coincided with schedule provided in June.  (Older sibling is military member and can not easily change time off) BM sent email to BF in October (4 months later) stating that she would only go by the guidelines above.  BF sent a response that unless she followed the courts orders of mediation and scheduled an appointment prior to Dec 21, BF will follow the schedule he gave to her in June that she had had plenty of time to return the calls of the mediator and comply with the courts multiple orders for mediation.  With the child's school schedule - Christmas day is about the middle of the vacation and the way I have figured the schedule, she is proposing the child be with BF from dec 21 to noon christmas day then with BM from noon to 9 PM then back to BF from 9 PM Dec 25 to 4:30 AM (yes AM) on Dec 26, then with BM until 7 PM Dec 30.  

BF does not want to take this to court and muddy the waters for upcoming hearing and besides that is not in compliance with the courts orders of mediation, but BM refuses to enter into mediation, so how do we come to a conclusion if she will not mediate and we can not enterinto court without mediation first?

Our family can not change or alter vacation/holiday plans so close to the holidays that has already been scheduled.  BM has not responded at all since.   Should I...
1. Write her again and what to say or leave well enough alone and hope for the best and while sister is at school and step mom and dad are working hte child spends the first three of 4.5 days alone?
2. Contact the mediator and explain to him the problem and ask him to make a decision for a schedule without her input?
3. Go by the order for Christmas and transfer the child at 4:30 AM which is definately not in the child's or anyones best interest.
4. Any other options I did not think of?

Sorry so lenghty, just want all kids to be together and have a nice holiday with ALL our children together, oh and BTW the last court order noted the BM was very inflexible with Father's time and would not allow him even one second more than what is court ordered.  I always did like that comment, it is right on the money.

Thanks in advance.

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