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Author Topic: Old papers vs new papers, what's right?  (Read 9202 times)

Simplydad

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Re: Old papers vs new papers, what's right?
« Reply #10 on: Apr 25, 2011, 01:55:16 PM »
What it means to me is that your ex wife has been granted permission to move and that since she has been given permission to move you now have to abide by the "post relocation schedule".  Since there is no future date it means that order is effective from the date the judge signs the order.
 
So it means that since it is 2011 you get your son for spring break in 2011 and she gets him for 2012.
 
Nothing she can do about any of that.
 
She has no claims for kidnapping and the cop leaving has already proven that.   As long as you have a copy of the new order that is nothing she can do.
 
I am not sure about your state but many states require a change in circumstance for child support to be increased.  There may or may not be a case for that but I thought that was a matter for the state attorney general after the divorce was final but I could be wrong on that.


ocean

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Re: Old papers vs new papers, what's right?
« Reply #11 on: Apr 25, 2011, 02:05:48 PM »
Yup, she is just mad.
If she files in court, then you respond that you are following the judges orders and the policeman agreed with you. (get copy of police report).
Tell your lawyer, you fire him for the time being....this way she can not call or send paperwork for him to read and you get billed.

Most states make you wait 3-5 years for an increase if nothing else has changed. (and you can say she file the same day she was mad that you had child for spring break...). If you get paperwork on it, respond that there has not been a change of circumstance. (it may even get kicked back to her anyway ...th courts might not accept it).

MixedBag

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Re: Old papers vs new papers, what's right?
« Reply #12 on: Apr 25, 2011, 02:26:24 PM »
I beg to differ.....
 
post-relocation is after she relocates.  She's still in the same old situation (if I remember right) and hasn't relocated.
 
That being my opinion, I go back to what does it say for "close distances" vs. the new situation, post-relocation, and Spring Break Easter?
 
Personally, i think if she takes this to court, she won't come out a winner etc...
 
 

Simplydad

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Re: Old papers vs new papers, what's right?
« Reply #13 on: Apr 25, 2011, 02:59:04 PM »


Personally, i think if she takes this to court, she won't come out a winner etc...


 
I think that if it went to court she would have thoroughly pissed the judge off by taking his order and using it as a weapon.  It is a dangerous game she is playing and could wind up having the decision reversed.

Kitty C.

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Re: Old papers vs new papers, what's right?
« Reply #14 on: Apr 25, 2011, 03:13:02 PM »



Personally, i think if she takes this to court, she won't come out a winner etc...



I think that if it went to court she would have thoroughly pissed the judge off by taking his order and using it as a weapon.  It is a dangerous game she is playing and could wind up having the decision reversed.

 
And I recommend that you request that SHE pay for ALL atty. fees and court costs if she does take this to court and loses.  Might make her think twice about going forward with it.......
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......


SuperDad52

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Re: Old papers vs new papers, what's right?
« Reply #15 on: Apr 25, 2011, 06:35:30 PM »
I thank everyone for your replies/an input.  I take it all in and make my decissions based on majority input.  I love this site and all of you!!  I anxiously await any more input!

Thanks a million,
Superdad

MixedBag

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Re: Old papers vs new papers, what's right?
« Reply #16 on: Apr 25, 2011, 06:56:29 PM »
definitely what Kitty said...
 
 

SuperDad52

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Re: Old papers vs new papers, what's right?
« Reply #17 on: Apr 25, 2011, 07:10:33 PM »
I beg to differ.....

post-relocation is after she relocates.  She's still in the same old situation (if I remember right) and hasn't relocated.

That being my opinion, I go back to what does it say for "close distances" vs. the new situation, post-relocation, and Spring Break Easter?

Personally, i think if she takes this to court, she won't come out a winner etc...




MixedBag, I'm confused what you mean by this.  Sounds like your saying because she hasn't moved we should go by the old order but then you say "Personally, i think if she takes this to court, she won't come out a winner ect...."

Please clarify,
Thanks a bunch

Kitty C.

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Re: Old papers vs new papers, what's right?
« Reply #18 on: Apr 25, 2011, 09:13:44 PM »




Personally, i think if she takes this to court, she won't come out a winner etc...



I think that if it went to court she would have thoroughly pissed the judge off by taking his order and using it as a weapon.  It is a dangerous game she is playing and could wind up having the decision reversed.


And I recommend that you request that SHE pay for ALL atty. fees and court costs if she does take this to court and loses.  Might make her think twice about going forward with it.......

 
Correction:  tell her that you will petition the court that SHE pay for ALL atty. fees and court costs if she does take this to court and loses.  This would be the only time I would give her a heads-up on what you're planning........
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Davy

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Re: Old papers vs new papers, what's right?
« Reply #19 on: Apr 25, 2011, 09:53:37 PM »
IMHO, Dad should assume a ... no mercy ... no grace stance and consider any filing on her part as an opportunity to request the court to rescind the relocation based on the BM's CONTINUED poor behavior as an indicator that matters are likely to get worse for the child following relocation.  There's plenty  of statistical material to support this position.
 
There is absolutly no advantage to forwarn the opposing party.  In fact some may construe such forwarning as harrassment and/or provacation or just an excuse to let her mouth run.

 

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