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Author Topic: In forma pauperis  (Read 2328 times)

Apple

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In forma pauperis
« on: Oct 18, 2011, 07:13:02 PM »
DH and BM were in court this past August.  One of the issues BM filed a motion for was to discontinue DH's Thursday overnights with the kids (BM was moving and didn't think it was feasible).  However, once in court she agreed to keep the schedule the same as long as DH can get the kids to school on Fridays.  We've done that. 

But now BM tells DH she's filing again to remove the Thursday visit.  ???  There have been no changes that warrant this.  She's come to DH almost every week with another complaint.  All minor issues.  I'd bet my paycheck she's annoyed that she has to drive so far for the exchanges.  Judge didn't change that either.  She's at the mercy of where DH will meet.  We were (what we consider to be) fair and are driving the same distance as before the move, just in another direction (towards BM's new town).   

We were JUST in court in August - and the issue of Thursday overnights was discussed, I'm assuming a judge would not be happy to hear this same issue again. 

The kicker, DH and I just found out is she's able to file at no charge.  She's claiming poverty.  She doesn't work full time (she could if she wanted to).  At this rate we'll be in court several times a year... 

When calculating poverty for court filing fees, is the household income considered?  She is NOT below povery if her husband's income is considered.


Simplydad

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Re: In forma pauperis
« Reply #1 on: Oct 19, 2011, 06:29:52 AM »
If the visitation is already in the court order then the only way she can get a change in visitation now is by a change in circumstance.  Since it is already in place and has already moved she needs to show something besides personal preference.
When she files respond to have the motion denied because she has not met the requirements of a change in circumstance.

MixedBag

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Re: In forma pauperis
« Reply #2 on: Oct 19, 2011, 06:48:18 AM »
husband's income is not taken into consideration.....that's how.

Apple

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Re: In forma pauperis
« Reply #3 on: Oct 19, 2011, 10:11:17 AM »
Ugh!  I can see why no charge court fees would be helpful to some, what is to keep her from abusing it?

The order states BM and DH are to use a Parenting Consultant - Judge reiterated this in his ruling.  In a recent email BM states it's free for her to go to court, and she can't afford the PC (the last PC she was paying $50 per hour - a BARGIN IMHO).   

I can see it now, we end up in court, BM claims she's in poverty (but has digital cable, a smart phone, a nice car, $1000 a month in CS etc.) and DH ends up with the PC bills... 

ocean

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Re: In forma pauperis
« Reply #4 on: Oct 19, 2011, 03:10:38 PM »
Here it is free for anyone to file family court papers. Some states have a small fee but not usually a lot. Divorce court is different and that is a few hundred dollars fee but family court is free here.

If she files, you counter file to dismiss papers due to this was just heard and decided on XX date. The judge may throw it out and tell her that anyway but if it makes it to you then counter file. Watch your case number online and see if she files, then call them up and ask what it is, go down and get copies. If judge rules against her right away, you would not be told, just listed on file.


 

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