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Messages - TJRodolph

#21
Dear Socrateaser / RE: Contempt
Jul 21, 2006, 06:19:00 AM
Ok, I understand. Looks like my only other recourse is to file contempt.

If I do nothing, custodial parent will never pay her 1/2 of transp. costs, as she is never held accountable for it. If she doesn't pay her 1/2...then I won't get my 4 visitations as I cannot afford 4 tickets every year at $500 a pop.

The way the magistrate denied my motion, strongly suggests to me that he thinks I am just out to lower my child support and did not read the case file very carefully at all.

Order states that my current support is $267 a month. It states my current hourly wage, and that based on MN guidelines, my support would be $432 a month, however there is no pending motion to increase my support.

Order mentions how court reduced my obligation by $60 a month without stating a rational for the downward deviation in 2004 (it states in previous order it was reduced because mom didn't provide any documentation that she still pays daycare, so the daycare portion was reserved.) And it mentions in 2005 that the court stayed the interest on my arrears (I had been paying arrears and full support for over a yr, MN statute allows for no interest if been over one year.

It further states "obligor's motion to furhter reduce his monthly child support obligation as compensation for the obligee's non-payment of her share of trans costs is speculative and contrary to the remedial provisions set forth in the prior order. Paragraph 14 of prior order states that "should obligee not reimburse obligor for her share of the ticket cost, ogligor's support arrearages shall be reduced accordingly", therefore the obligor's motion is denied."

It does not mention how the hearing after the one listed above, states "Plaintiff's contention was that she thought paying her 1/2 of airline tickets was an option and could just be reduced from Defendant's arrearages. This was not the intention of the court. The court's intention is that if Defendant actually incurs a charge for purchasing a plane ticket and plaintiff does not pay, then Defendant can have his arrearages reduced accordingly. If plaintiff cannot afford her share of plane tickets, then she needs to file the proper motion to address that issue."

Plaintiff (mom) has not filed a motion to address the issue. Her excuse being that she cannot afford to file.

Questions:

1. Is it worthwhile to file a contempt?

2. If I do file contempt and we are in front of our usual Referee, won't she be highly offended by the magistrate's recent order?

#22
Dear Socrateaser / RE: Contempt
Jul 20, 2006, 02:31:21 PM
Ok, MN Statute 484.702 refers to Expedited Child Support Hearing. All IVD cases have to have an Expedited Child Support Hearing to modify. It doesn't give instructions though on how that process works, or what to file.

There is about $1000 of my $8000 arrears that is labeled for state arreages, as that is the money the state paid for birthing costs at hospital (welfare) 8 years ago. State has been applying my arrears payments to the mom's arrearages, and not the state's.

Questions:

1. What forms do I file for an Expedited Child Support Hearing?

2. What is the process for the above hearing?

2. How can I get the child support case unlabeled as an IVD as mom/applicant is NOT on welfare and lives in another state, assuming mom will not cooperate to voluntarily send a written letter to child support office stating so?
#23
Dear Socrateaser / RE: Contempt
Jul 20, 2006, 02:17:49 PM
Yes, the mom received some daycare assistance and 'welfare' about 7 or 8 years ago...but hasn't for many years. A copy of my motion was served to the child support office, but they neither showed to represent nor submitted an affidavit.

My words on my motion were "I request a change in the existing child support order downward on grounds that the Petitioner's steadfast refusal to pay her court ordered transportation costs, is the equivalent of an increase in her child support award and that it is therefore entirely just and appropriate that my support be lowered to compensate for her failure to pay because it is more judicially efficient than to use the court's contempt powers to enforce the petitioner's obligation."

Then in the affidavit I listed more details regarding the circumstances of her not paying for a couple tickets now. The hearing only last 5 minutes.

The order does list some MN Statutes, and I am in the process of looking those up right now and reading. I will check into an appeal.

Mom was allowed to phone in for this hearing.

Question:

1. If I get an appeal,  is the process any different than the 1st hearing, or is it just a new hearing with a new magistrate?
#24
Dear Socrateaser / Contempt
Jul 20, 2006, 11:36:57 AM
Hello again Soc,

Once again I am asking for some advice.

Just to refresh your memory, I took your advice and filed a motion to modify child support downward on grounds that the custodial mom refuses to pay her court ordered transp. costs and that it would be more judicially efficient than using the court's contempt powers to enforce compliance.

I'm in MN and custodial mom is in OH.

A magistrate heard the case, not the usual referee we have. Clerk said that was because only magistrates hear the child support cases. Court order came in today, denied.

Order stated it was approving the mom's request to keep the child support as is, and denying dad's request to lower as dad "has failed to state a basis in fact or law for reduction of his support obligation as a result of the obligee's noncompliance with the visitation payment provisions."

I believe my only other option is to file a contempt charge now. I believe I can prove her contempt as she has not paid anything toward airfare...there is also another area of contempt too that I have her written statement of willful disregard and that she is fully aware of what the order states because the judge verbally told her so at the last hearing.  

For remedies in the contempt affidavit I'd like to request mom be ordered to pay a $500 civil penalty, that mom be orderd to give me the info I requested in the interrogatory that judge ordered her to answer right there in the court room, and that mom be ordered to attend anger management classes and a more indepth co-parenting class (we were ordered to attend one at our first hearing. I went, but don't know if mom ever did.

It also stated it this cased was an IVD case, and remains an IVD case until applicant notifies in writing that services are no longer needed. The mom is not on welfare or getting any public assistance.  She has in the past though.

I just want the mom to pay her 1/2 of the airfare as court ordered.

When I filed the motion to change custody earlier this year, the Referee left my request open, as she felt I was entitled to the interrogatory answers first, and that after receiving that info I could submit an amendment to the custody motion. I have not submitted an amendment.

Questions:

1. What is an IVD case?

2. How can a contempt get mom to pay her court ordered transp costs?

3. Would a custody reversal be easier now on grounds that mom is continuing to frustrate my parenting time by refusing to pay her share of airfare?

4. What is the best course of action here?

#25
Dear Socrateaser / RE: Medical Records
Jun 09, 2006, 11:13:19 AM
I just called the clinic back, because I forgot to write the receptionist's name down. I talked with her a bit more, and she first tried to tell me that "I have an OHIO court order in front of me, and we can't just release records because something isn't right, there could be kidnapping going on etc, and this sounds like a big legal mess."

Upon further questioning, she did admit that she was wrong, that it was in fact a MN order, and she did find the appendix at the back where is states both parties are entitled to medical records access.

I then explained that she was right that something was going on, that it seems everytime I try to be involved in my child's life, that my attempts are frustrated. She then told me to fax over my letter from last month as she believes the doctor tossed it. She then will have the doctor contact me about it.

She did comment several times though, that the child lives in OH, and its OH law that states only the custodial parent has those rights. I kept telling her that MN has jurisdiction since it is a MN order, even if the kid lives in OH. She obviously didn't want to accept that.

I believe the mother has been trying to alienate me against the medical staff too now (she already has to the school staff)...telling them that I might try to kidnap, get custody and make false abuse accusations about her. I have only given the court facts, and SHE is the one who concludes that I am insinuating that she is unstable, unfit, and abusive mother. Gee, you'd think if even SHE concludes that with all the facts I provided, maybe its true!  

Question:

1. Since the OH clinic has a MN order that gives me legal access to my son's medical records....does the OH clinic have to abide by it?
#26
Dear Socrateaser / Medical Records
Jun 11, 2006, 09:23:14 AM
Hello again Soc,

Child lives in OH with his custodial mother. I am NCP dad in MN. Court order is MN. I found out my son's medical clinic (thru the Interrogatory process) and sent them a records request letter, certified return receipt (from this website). It's been a month.

I just called the clinic, asking the status of my request for records, and the woman pulled the chart and says there is a balance due on the account. So I asked if that was for copies, and she said no, it was a balance due for services.

I then stated that I was the father who lived out of state and was trying to get copies of my son's records and had sent them a letter requesting that info a month ago.

The woman then copped an attitude with me and says "Oh, I remember this case now, the mother has primary custody, she brought in a court order that says so and it is right here in the file. We do not release records to a NCP. I told her that I have right to his records, and she said "no, OH state law says you don't and the child lives in OH."

I then told her that it was a MN court order and that the appendix (that the mother probably did not include with the copy) states that both parents are entitled to medical records. She then told me "well then you will have to send whatever court order says that or call an attorney."

It is evident that mom has alienated the medical staff against me so they don't want to cooperate.

Question.....

1. What kind of letter and copies of documentation do I send the medical clinic now?

2. Can I just fax them a copy of the court order ALONG with that appendix stating the MN statute that applies?
#27
Dear Socrateaser / RE: Affidavit with no Motion?
Jun 06, 2006, 05:59:57 AM
I gotcha....I'm not trying to file contempt, as you said it would be a lot harder to prove. I really just want her to pay her share of the ticket.

I also could provide a list of bills that would show I am in the negative. But my wife and I put our money together to pay bills, and she makes more than me. However, my wife's income is not considered when paying child support or the travel expenses.

Questions:

1. Should I include a list of my bills/income in the affidavit also?

2. If so, should I just list everything and not include my wife's income, but mention that the bills are shared with my wife? My income will show that I make less than 1/2 of the amount of bills.

3. I should just bring copies of my actual bills to the hearing and not attached to the affidavit, correct?

4. What would the judge likely do if both parties show a negative income to bill ratio?.....knowing mom has continually denied visitaiton & moved without consent?

#28
Dear Socrateaser / RE: Affidavit with no Motion?
Jun 05, 2006, 02:42:35 PM
Oh, but she HAS alleged that she cannot pay.....that plain affidavit that I just received. ....stating she cannot afford to pay, and then listed her bills...and requesting her share come off my arrears. It was notarized too.

(Funny how I can always use her own communications against her)

She listed things like $20 a month for kid's haircuts, $30 a month for HER hair maintenance, $40 a month for yard service, $50 a month for entertainment, $50 a month for cable, co pays (even though order states for ME to carry health insurance and she refuses to use it), her mortgage, property taxes, car note, insurance, etc. She listed what she makes an hour at 36 hours a week.

Her previous letter to me, (answers to my interrogatories) were that she also works another job, on call and can usually pick up extra hours too.

If I showed my bills, and my income, and the fact that I have actually purchased 100% of tickets....she would get laughed at because she makes $5 an hour more than me. Honestly, the only reason I have been able to buy all those plane tickets is due to my wife's income.

The reason I wanted to put all this info in my Affidavit, is because I don't do real well under pressure. I get very nervous in court and don't say what I want to get across.

THANKS again for all your input! Much appreciated as always.
#29
Dear Socrateaser / RE: Affidavit with no Motion?
Jun 05, 2006, 02:04:09 PM
Since I have not filed my motion yet......can I include "them there magic words" in my affidavit to my motion?
#30
Dear Socrateaser / RE: Affidavit with no Motion?
Jun 05, 2006, 12:46:10 PM
Both parties are pro se.

To clear things up, I have not filed my motion yet. Mom only knows that I plan to file one because thats what the Parenting Time Expeditor told her I was planning on doing.

As far as I know, this affidavit was never filed with a court clerk. No stamp on it, no motion. I think she just typed it up, and mailed me and the court a copy. She wouldn't want to pay a filing fee for it.

There is no basis to the mom's affidavit anyhow. She is just requesting her share come off my arrears, and listed her bills. At the hearing in March, the judge "loudly" told her she WAS to pay her 1/2, that the order was not intended to have it come off my arrears and all financial issues were already addressed and if she cannot pay her share she needs to address the correct properly by filing a motion.

So mom is still trying to bring up old issues, trying to get the judge to change her mind. The judge is already pizzed by the mom not following her orders or court procedures.

Questions:

1. If mom mailed in a copy of that affidavit, and the clerk puts it in the case file...is that considered "filed"?

2. Is it then just held in that file until someone files an actual motion?

3. When I get to my hearing....would most judges just figure out an average based on a plane ticket to reduce the monthly support by....or would they allow me to send in a copy of the ticket receipt (4 times a year), and have the following month's support decreased for mom's share?

2. Is there any other kind of resolution to this issue the judge may order on her own?

3. Can (the likelihood??) the judge find mom in contempt while we are at the hearing or do I specifically have to file a contempt motion?