Messages

>1 - Just a white bread rule nisi, asking that the other party
>appear in court to show cause why my prayers should not be
>granted?

You filed a motion to obtain a decision. When you don't ask for a hearing, the judge shoves the motion on the bottom of the inbox file, in favor of all the calendared motion hearings. Put your motion on the calendar, and the judge has to rule.

The only time to waive a hearing is when your position is so obvious that the other party would never contest it (e.g., a continuance for case management purposes).

>2 - How will a rule nisi hearing affect the pending motion
>from the other party to dismiss?

Same thing. Everyone gets in front of the judge who must then decide.

>3 - As mentioned earlier, her attorney did kind of poor job on
>the motion to dismiss. When we appear in court, what would
>stop the attorney from trying to make arguments not appearing
>in the original motion? Would seem awfully unfair to be able
>to argue legal points not raised in the written motion, thus
>denying me the opportunity to prepare the rebuttal.

Generally, a motion for a substantive ruling not previously briefed will be denied by the judge, and if not, then you can request a continuance on any new issue as unfair surprise, so that you can prepare to fairly meet the new issues and evidence.

>1. Will the fact that BM waited for many months to set
>anything up to see our son bear any weight on the judge's
>decision regarding custody?

Sure. Judge will view BM as disinterested and leave you with the bulk of custody.

>
>2. What about the fact that BM has failed to practice her
>court ordered visitation?

Weighs in your favor.

>3. In your opinion, what are my chances at keeping custody of
>my son?

MMM. 100%.

>
>4. What about the agreement we had in place over the summer
>that was filed with the court, will that bear any weight in
>this case?

It's evidence of BM's inability to make decisions affecting the child's interests.

I'd say it's in the bag, unless you have bodies buried underneath your home.

>Question 1) Is it possible to get the Judge to place
>stipulations on the time and reasons the CP can call the home
>in this temporary visitation?

Yes. Note: get your nomenclature straight. Judges ORDER; parties STIPULATE/AGREE.

>
>Question 2) Can I make a case during this show cause to get
>more visitation time? I'm petitioning for full custody, but as
>a very involved NCP I can provide more than four hours for my
>child, and my child knows me, I've been there since day one -
>its not like I'm coming back from being absent.

Not unless there's some substantial change in circumstances. And, I don't see any from your posted facts.

>
>Question 3) I'm obviously going to issue a show cause, but
>I've had a terrible time getting the courts to hear anything
>that I say, much less all the hours of audiotape recordings I
>have. How do I get the evidence to be heard by the Judge, or
>at least to get the court to see what's going on here?

Monitor your calls and don't answer during visitation. You're making a mountain out of a molehill. You control whether you want to answer the phone. If someone else uses the same phone a syou, then cancel your phone service, and get a cell phone, so you can control this issue.

>All they seem to want to do is allow her to make up random
>lies, under oath, which throws my hard evidence, which for
>some reason is on the same level as her rants, into the "we
>don't know who's telling the truth" pile.

If you start whining, I will stop reading.

>
>The audiotapes should all be fair game... some of them are
>voicemail messages left by the CP, others are two-way
>conversations which - at the outset the CP was told that they
>would be recorded and, in her typical defiance, actually
>consented to.

I'm sure that with the correct use of the rules of civil procedure and evidence, the audiotapes can be admitted. You're just not going to get the court's attention, because you're pro se. That's how the system works. Judges don't want to listen to pro se litigants any more than they must, because generally pro se litigants don't know what they're doing, and it's a waste of the court's time.

There are a few pro seers who manage to get their judge to cut them some slack, but for the most part it's an uphill battle. So, get used to it, or get a lawyer.

>The CSRU website states that they must give notice when they
>inercept a return and that an appeal must be filed within 15
>days if I disagree with the interception.
>
>1.  Do I have any legal ramifications against CSRU for not
>following procedure in notifying me that the return was being
>held?

Depends on the basis for the interception. If you were never in arrears during any of the time leading up to the interception, then that would probably be negligence on CSRU's part, because the agency has a reasonable duty not to take money to which a support obligee is not entitled. Otherwise, it's probably just an accident, and you couldn't sue on it.

2.  Any other advice?

Change your W4 so that you never have a refund due. You can owe the IRS up to $1,000 at the end of a tax year and not incur a penalty. So, even if you think you will owe that money, it's better to keep it in an interest bearing account than to give it to Uncle Sam, because you're giving the gov. the interest that you could keep for yourself.

The trick is, of course, to not spend the money, so that you can keep the interest income and still pay your taxes. Otherwise, if you spend the dough, then that makes you a ______ (fill in blank with word = stupid).

>CP and children reside in Indiana.  NCP resides in Arkansas.
>Arkansas has jurisdiction over case.  CP has a history of
>filing false allegations with CSE.  This has been going on for
>over 10 years.  
>
>Thursday I received another letter from CSE stating they had
>been informed that I had dropped health insurance on my
>children.  I've already sent another copy of the health
>insurance information to the investigator.  CSE investigator
>calls me back on Friday after the copies were faxed and says
>she's sorry that she finally read the letter from the CP and
>sent it to legal to tell her she's not entitled to another
>review for 3 more years.
>
>Our order states that child support ends when our youngest
>child turns 18 or graduates from high school whichever is the
>latter.  CP has lived in Indiana for over 10 years and is
>threatening to move the case there so child support will be
>extended until our now 17 year old and 15 year old graduate
>college.
>
>1.  Do I have any recourse to stop CP from continually
>harrassing me via CSE?

You can sue for defamation, abuse of legal process, and intentional infliction of emotional distress. But, if the other parent has no money, then you won't collect anything. And, you'll have to pay your own attorney fees.

>2.  Is it criminal to make false allegations to CSE?

Depends on what the allegations are. If they are based on your not following the current orders, then no. If they allege that you have done something criminal, then maybe.

>3.  Am I entitled to a copy of the latest letter to keep in my
>personal file?

Huh? You said you received a letter. Why would you not be able to copy it? On the other hand, why would you need to copy it if you have the original?

>
>4.  What do I do to protect myself from the case being moved
>to Indiana in an attempt to have child support extended for
>another 8+ years?

As long as you don't move out of AR, the case cannot be moved out of AR. If you move out of AR, then the case will move to wherever you move within the USA.

As for the other parent being able to "forum shop" so as to extend the length of the child support order, that violates constitutional due process, because it would permit a person to modify the terms of a final order after it had already become final. The first judgment/order of your support obligation controls the duration of that obligation, including whether adult/college child support may be ordered, and it would be arbitrary and unfair to change that first judgment/order based on where the parties later choose to reside, because you have no control over where the other parent takes the child, or where the child may decide to move once he/she becomes an adult.

So, the other parent's threat in this regard is based on ignorance, as it is unmodifiable in regards to duration/other conditions. Only the money owed is modifiable.

>LOL usually I am TOO wordy!
>
>1.  RE incorportate into Petition:
>
>BM has been found in contepmt in previous orders for
>Vistation denials (2ce)
>Ordered to make up parenting times (3 times by 3 diff judges)
>contempt for not following court orders for mediation (2ce)
>Discovery violations & failure to produce under compel
>contempt for providing schools, dr's etc inaccurate informatin
>regarding BF
>Last court order stated that BM was inflexible and refused to
>allow BF to have any mroe time than what was ordered
>
>QUESTION 1:  How do I word this in the Petition to show a
>history of the above since the current petition is asking for
>hearing of contempt for vistitain issues, not providing
>accurate info to the school, and not providing discovery, and
>failing to mediate again?

You don't need to show the history. You just need to allege the contempts. Example:

Petitioner alleges that Respondent has violated the following order(s) of the court:

Count 1. Respondent willfully and with conscious disregard, failed to return the parties' minor child, CHILDSNAME, to Petitioner, as required, on ??/??/???? at ??:?? ?M.

Count 2. etc.

Wherefore, Petitioner prays that Respondent be held in contempt of the orders of this court and ordered to _______ (jail, community service, fine, other sanction).

If the petition in your jurisdiction requires a supporting affidavit, then you write one up and associate it with the contempt counts. Ex:

I, YOURNAME, after being first duly sworn, do hereby depose and say as follows:

1. That I am Petitioner in this matter, and if called upon, I can and will testify to the matters set forth herein of my own personal knowledge.

Facts in support of Count 1:

2. (state a fact).

3. (state another fact).

Facts in support of count 2:

4. etc.

By: ____________
YOURNAME
Petitioner, Pro Se

Subscribed and sworn to, this ____ day of ____,

By: ______
Notary Public
My commission expires:

(note: above is affidavit style verification. If your jurisdiction uses unnotarized declarations, then use that form).


>QUESTION 2:  How do I include that since the last court order
>- BF is not even receiving what IS court ordered, and BM is
>now signing up the child to do things on BF weekends and not
>telling him, as she nor the child are not home when BF goes to
>get the child?

See above.

>
>2.  RE CS mod:

Totally different issue. File for a CS mod separately from contempt.

>QUESTION 3:  How do I point out to the court without coming
>off as accusatory that the basis for the current obligation is
>outdated and old and was based on wages over 10  years ago,
>and even based upon wrong information supplied by BM in 2003?

You just state the facts in your support mod. Usually a court has child support form pleadings at the courthouse to make CS mods easy for non-lawyers. Try to use the forms. If there's no forms, then just copy the style of a past support mod.

As for not being accusatory, you're accusing the other parent of failing to pay/work, so why would you NOT want to come off accusatory?

>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.

Your fact are muddled. Write simple numbered statements showing the chronolgy of events, so that someone can follow your logic.

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

I'm not sure what that basis is myself, until you straighten out your facts.

>1 - I know the wheels of justice move slowly, but does this
>seem unusually long? And if so, is there anything I can do to
>get things moving?

File a rule nisi.

>
>2 - Defendant's motion was VERY weak. Of course, I expected
>the motion, but her attorney did not raise the strongest
>arguments I had anticipated. In fact, the only caselaw she
>provided was both misquoted AND misinterpreted. Can the judge
>dismiss the complaint on any basis not specifically raised in
>defendant's pleading (other than obvious problems such as
>jurisdictional issues, of which there are none)? I know the
>"text book" answer, but what happens in the "real world"?

Judge can dismiss as de minimis or mootness or nonjusticiable, etc.

>1.  What do I have to prove to get full custody rather than
>joint which we currently have (I had custody for 8 strong
>years)

That  the other parent's interference is harming the child's interests.

>
>2  Can I get go after my two ex's for liable and slander
>(while I was married to my 2nd wife she never spoke to my 1st
>it only happened after she left) for making despairing
>comments about me to my child? I know it would be hard to
>prove but I have emails to confirm some.

Libel is a separate civil action. If your ex has no money, then a judgement in your favor will be worthless.

>3. can I get my ex's parental rights revoked?

If you can show by clear and convinving evidence that the other parent is unfit to parent. Very high burden of proof.

>If the judge orders use of this software- what good will it
>do- and does it have a track record of actually helping
>families??????????

No knowledge of the product.