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Author Topic: Petition question  (Read 2162 times)

wysiwyg

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Petition question
« on: Mar 02, 2007, 08:04:38 AM »
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?


socrateaser

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RE: Petition question
« Reply #1 on: Mar 02, 2007, 08:50:47 PM »
>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.

wysiwyg

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RE: Petition question
« Reply #2 on: Mar 03, 2007, 07:57:40 AM »
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?

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?

2.  RE CS mod:

BF -
Filed for CS mod April 18 1997 due to job loss
Hearings August 14, 1997 (this was first of 6)
Order Oct 2000 rendering CS obligation based upon 8/97 wage
Neither parent making the same income from 1996-97

BM-
Financial Dec filed Aptil 1996
Same wage used from BM in each mod after that in 2000 and 2003
BM has changed job several times
2002 tax records (discovery info) showed that she was making $296/week less yet 2003 court order/financial dec shows BM used 1996 reported income

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?


Thank you.

socrateaser

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RE: Petition question
« Reply #3 on: Mar 04, 2007, 03:02:46 PM »
>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?

 

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