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Messages - gollymolly

Pages: 12 3 ... 5
Child Support Issues / RE: Child Support with 50/50 Time Sharing
« on: Oct 09, 2008, 07:11:08 PM »
what i mean is that... originally the other parent would have had to pay, but we agreed to no child support.

my attorney has informed me that since the our final judgment was signed and ordered by the judge a new law has been adopted by our state that no longer allows the parties to agree to waive CS. that it is mandatory.

but another attorney who also had that impression said that it may not be true for our jurisdiction... that here it is discretionary and would depend on the judge.

i just want to know where i would look that information up to verify it.

Child Support Issues / Child Support with 50/50 Time Sharing
« on: Oct 09, 2008, 03:23:10 PM »
how do i find out if this is mandatory or discretionary in my jurisdiction?

at first i was told that it was mandatory. however, another attorney has told me that in our jurisdiction it may be discretionary.

i didn't even know that a new law had come about regarding this since our final judgment, until i filed for contempt against the other parent. i didn't even ask for CS.

i am wondering because it would explain a lot of things...

Dear Socrateaser / RE: access to documents
« on: Jul 01, 2008, 06:58:14 AM »
well, other parent and i both live 150 mi away from the camp.

i tried to move up the chain of command, to no avail.
i just spoke with the director again.

i refused to sign the papers initially because pages were missing. important pages. he was insistent on sending them during our vacation time, whether i liked it or not.

i refused to sign a document until i saw it in its entirety and agreed to the weeks chosen.

turns out, according to the director, even those documents were not sent in to the camp.
i was not listed anywhere on the documents.

they are sticking to their guns, so i will follow with a subpoena.
it is just frustrating that even though i provided the proper documentation, i cannot get information on my own children.

how can i be sure in the future the documents will be properly submitted. he is sneaky.

Dear Socrateaser / RE: access to documents
« on: Jun 29, 2008, 08:18:27 AM »
i emailed the director of the camp the order. the camp is about 150 miles from my home, so i had hoped to handle it via phone or email.

i thought about going there, but hated to make a trip there to still get the same response.

we are amidst a modification now, that is why i wanted the documents.

i haven't heard yet whether or not there was a cost involved for one of our children. this is the first year both have gone. previously when one went it was covered by an alumni elk family member.

i did respond to the email from the director, pointing out the specific paragraph in our order pertaining to summer camp information. he received the email, but i'm sure will not email me back.

Dear Socrateaser / RE: access to documents
« on: Jun 27, 2008, 02:52:19 PM »
i understand that usually that is the case... that one parent can sign the child up for extracurricular activities, camp and that alike.

however, the elks camp form specifically states that:
"If the child has two parents or legal guardians, both must fill in the information requested above and sign the Authorization & Waiver."

so at this point i do not know if the step-mom signed the form or what.

the director also stated that i was not listed even on the emergency contact info. so i only wanted it for documentation purposes, since this is common practice with the other parent.

i hope i don't have to take them to court. and i have been trying not to make threats of the like.

i just hoped my request was supported by a state or federal law.

Dear Socrateaser / access to documents
« on: Jun 27, 2008, 02:18:35 PM »
i'm not sure if FERPA covers the elks association. I do not know if they are federally funded.

i know they are a state organization that offer children's therapy services and have a drug awareness program.

maybe there is another law that will help me get the information i need.

i am trying to get a copy of my children's camp registration forms and other documents, including but not limited to emergency contact info, etc..

i have sent the director a copy of my divorce decree (that states we have joint physical and joint legal)

the document specifically states:
"Each party shall be entitled to complete and detailed information from all teachers, schools, day care facilities, summer camps or other  institutions that the children may attend  or become associated  with in any way."

however, the director has responded by stating 'a subpoena would be required to release that information' to me.

i don't understand. are they just concerned i will take them to court?

the other parent sent them to camp without my consent. the form actually requires both parent's signatures.

yes i know...
in some districts it is mandatory, but in others it is discretionary.
however, i cannot find corresponding statutes or case law that tells me  which it is for the first district.

i have a situation where the other parent is pushing us to trial in dual modification, we are very willing to settle leaving everything as is and incorporating a parenting coordinator and we would give up any child support that is due us... however, the other parent wants custody.

so i want to be sure that if the other parent insists on us spending all this money to end up with exactly the same thing we have (which is what will probably happen with this judge), then i want him to feel the blow.

i don't really care to have the child support money... but i could at least place it in a savings account for college.

I am wondering if in the First District (Fourth Circuit) in a 50/50 rotating custody agreement if child support is due to the 'secondary' party....
is child support mandatory or discretionary by the court(judge)?

Dear Socrateaser / RE: Continuance in Florida
« on: Jan 28, 2007, 06:36:17 AM »
the continuance has already been granted. mostly because the judge had a federal case on his calendar for the same days and he really wanted to remove our trial from his calendar anyway.

however we did go to mediation, where we were in separate rooms. the other parent has begun to be more aggressive since mediation. i am sure that the mediator told them my concerns of the past verbal/emotional abuse, because it came up.

and then this starts. i really feel as if his attorney has instructed him to do this.

so, trial is stopped. i just want the other parent to leave me alone. however, what you are saying means to me that if i do file a restraining order... it could effect the outcome of the motion to remove the children from my care until after the birth of the twins. that hearing should be set within the next couple of weeks.

could it effect their motion in their favor?

Dear Socrateaser / RE: Continuance in Florida
« on: Jan 26, 2007, 01:30:23 PM »
i realize that due to the circumstances with my high-risk pregnancy and in the interest of having his motion granted (that i can't care for the children during my pregnancy and several months after), that he would be advised to intentionally harass, belittle, antagonize, name-call, etc... in the hopes of stressing me out.

and to make things more difficult on me.

is there any legal action that i can take to enjoin the other parent from doing this to me?

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