Messages

Good mornign Soc,

In trying to work up a petition I am at a point where I need to ask you opinion / assistance.

Many of the things being alledged in the petition for contemt are based on perivious findings of the court, discovery violations, visitation denials, failure to mediate, providing false information to school, dr's etc.  I have the petition written but would like to make a note of the previous findings of the court to show a continuing pattern and history and justify my asking for attorney's fees.

1.  How do I incorporate this passage in my petition?

In asking for CS modification, I have several change of circumstances, ie court used BM original income from 1996 even tho she has held multiple jobs since 1996 and currenly is reported at a 35% weekly decrease than waht is being used for CS calculation, BF income was used from 1997, child no longer in day care, etc. even tho the court did a new CS calculation in 2003 it used the above from 1996, 1997.

2.  How do I point this out to the court as a basis of my modification without cioming off as being accusatory?

Soc, IN here, order states:

"When it becomes necessary that a child be cared for by a person other than a parent or a family member, the parent needing the child care shall first offer the other parent the opportunity for additional parenting time."

Child has stated on several occasions that BM has left the state and left my child in the care of neighbors or scout parents without notifying BF.  BF lives less that 5 miles from the child and the BM's home and can easily transport child to/from school.  

1.  I know who these folks are that cared for my child but how do I prove and get evidence for court?

Good afternoon Soc,

I will try and be brief.

QUestion #1. Several years ago, BF's incme was imputed for CS, since then father has been working steadily and making $125 week less than what is imputed - is imputed income never going to change or can we file for new mod based on current income?

Quesiton #2 - Sometime ago I wrote you regarding BM contempt findings and order to pay BF attorney fees.  Since then BM failed to pay in court ordered time, automatic judgement in favor of our attorney, filed for prosupp hearing,  BM failed to show up for court for hearing, filed a second hearing BM showed up but negotiated a deal and agreed to pay within 2 months, documented on court docket, BM failed to pay due to her agreement terms.  New court date coming up, what should I expect?

THanks for everything, have a great weekend!

Good morning Soc,

I hope you had a wonderful holiday with your family!

I am BF/NCP.  Case is in IN.

Over the weekend 15 son came for weekend as per parenting plan, we had  numerous conversations as always about all topics of life etc, however this time a twist and I need your help.

Son came out the door from home BM on Friday afternoon storming from the house yelling at her, once in car he explained that she is on his case - so I listened.  Since she is admittedly violent and physically abusive (in court records) and on prozac, and since I have been the brunt of her beatings I see hints of problems to come in the future between the two of them however I maintained my cool, let him speak and we discussed the matter in detail.  My issue is that he said some things including drinking and leaving his home and coming here to live.  

Given that his mother refuses to speak to me in any way shape or form, including refusing to answer her phone and return a message (if by chance the machine is one which it usually is not).  I thought about calling the police and asking them to assist, however I do not want the child to have a record of any sort since he has ambitions of going to the military and do not want to blemish his record.  

My question is as followss;

1.  How do I handle this situation if/when he shows up some late night at my home?

2.  What if he has been drinking?

3.  If I call and notify her and then have son talk to her, and request that she allow son to cool down and stay the night, telling her we get him to school the next morning and she refuses, how do I handle that and make my son believe I have not betrayed him since I do not have custody?

My concerns are that she will somehow twist this around (as she has done previously and filed false police reports) that we kidnapped him or something to that nature.

Soc, please delete if I overstep here, I am only trying to help out.

We are in IN, and have had our attorney do a subpoena duces tecum to get school records.  The last statement of this states that "This Subpoena Ducas Tecum is issued pursuant to the provisions of Indiana Trial Rule 34(C) and 45(B), and at the request of the Plaintiff in the above-entitled cause."

I hope this helps point you in a proper direction.

Soc please delete if I overstepped.

Soc,

I am sure I speak for many of here to wish you the very best during the holiday season.  I hope you get rest, enjoy the time with your family and reflect on good memories!

Thanks for all you do here for all of us!

A Very Merry Christmas to you!

My 2 cents as well, and sorry if I am butting - please feel free to delete if necessary.

I work with 7 school corp.  The schedules vary, ie, for the 22nd, one schedule says last day before winter break, another says start of winter break, a third states that the 23rd is the start of winter break another says that winter break is the 25th to the 5th, obviously schools normally are not in session for the weekend so the intenet and wording varies from district to district.  Additionally on the school that lists the holiday as over on the 5th, the weekend schooling thing applies there as well. I also realize that all court orders are written differently however ours addresses this in that  Winter break is defined as the evening the child gets out of school for the holiday.  The intent is that the winter break is those days the child is NOT in school meaning weekends and school days listed.  

Again Soc, if I have overstepped, please delte my post and accept my apologies.

I do not want that bucket of worms you are correct, but this is the root of our problems, BM not following any court order, we plan on filing after the holidays for denial of weekends, holidays and summer vacations and denial of all make ups per the court order that the judge made special note in the order that we follow "without alteration", would it be realistic to ask the attorny in that case to give us something like an affidavit of her non payment and offer it into evidence to show a history/pattern of non compliance with the courts orders?

yes a possibility perhaps - most schools have volunteers to go thru a police report to make sure they are not convicted felons, however since I work for another school district I already have this, so I can check into it and see if it will expedite since the dance is in 2 weeks.

Thank you.  

Soc,  new thread for easy reading, you know how wordy I can get!  LOL

Court order of MArch 06 stated BM to pay BF attorney fees within 90 days or failure to pay results in automatic judgement in favor of our attorney's firm.  BM also in comtempt for failure to abide by 2 court orders.

90 days pass and BM did not pay in full as ordered by court, judgement entered, pro supp filed and OTA entered for August court date.

BM nor atrorney appear in in August for court.  Attorney files for another court date and OTA for BM To explain why she failed to appear.  COurt date set for October.

October - she and her attorney, our attorney and our sub attorney all agreed out of court she will pay remainder or balance and all attorneys fees in 60 days. Court entered notice of such.

60 days go by and she failed to pay.  She has multiple comtempts for failing to comply with the court, and multiple judgements for her failure to pay her debts.  This is not a money issue, she just paid out 500 plus for school ring (for a freshman)  sport equipment and got child a cell phone.

Our attorney has adjusted our bill to not reflect this outstanding debt she has failed to pay so I am not on the hook for that, but want her to be held accountable for her actions.

1.  any ideas on how this should be handled?