Messages

>My BF was hospitalized for 7 days and then was unable to go
>back to work for another 5 days.  He read he's divorce decree
>and it states that if either party is to get injured or hurt
>so that they can not work, ALL payments (in this case it's
>both Sep. mait. and CS) should not be payed.  He's ex is
>saying the he has to pay that money back to her and that he is
>reading it wrong.  She is threating to take him to court and
>with hold the kids from him.  He had 3 doctors tell him he was
>lucky to be alive and that there was no way they would release
>him back to work until they made positive he was healthy
>again.  So  even thou it says it in the court approved papers
>that he doesn't have to, will he be told he has to pay, if
>this goes to court?

There seems to be an argument over the interpretation of the order. I'd need to read the EXACT text of the order to give you a reasonable answer.

>Soc,
>     DH is disabled, and on SSDI.  BM receives BOTH the FULL
>amt of CS ordered, as well as dependent benefits from SSDI, on
>behalf of SD, due to DH's disability.
>    
>     DH requested, through FL CSE, a modification, which was
>approved through "order maintainance" for a downward mod, then
>subsequently sent to their attorneys.  CSE has been trying to
>serve BM at a P.O. box, even though DH has provided her
>physical address, now 3x's.  
>
>     IF they fail to serve BM, SOON, DH will be forced to
>start the process over.  Currently 1/2 of his disability
>benefit amt goes toward the CS.  DH is NOT in arrears, in fact
>he has overpaid.  *This does NOT include the dependent
>benefits that are received on TOP of the CS order.  Which he
>is entitled to an offset for.
>
>     My Dumb Questions are as follows....
>
>     1) Is CSE immune from civil lawsuits??  Discrimination
>based on the fact that he is a MAN. (is there even an atty who
>in their right mind would consider taking a case like this?)

If "but for" CSE's failure to serve the other parent at the address given by you, you would not have been injured in some way, such as your order would have been modified sooner and your support lowered, then you would have a civil action for negligence.

Don't waste your breath on the discrimination case, cause you'll never prove it.

>
>     2) Would it be better to contact a Congressman/Senator to
>assist in expediting this issue?  What about negative press??

If you think you have that kind of pull, great. But, I'm betting you don't.

>
>     3) Since DH HAS repeatedly provided the information
>needed to serve BM properly, isn't there some recourse as far
>as them being neglegent?

See #1.

>Soc,
>
>I'm confused on Supreme Court Appeals and what gets heard.
>You and I have discussed that I could argue with the Family
>Court found in error, based on testimony, or that they
>exercised bad judgement (whatever that term is).  
>
>I've already filed a Supreme Court appeal, although the Family
>Court judge is now reviewing a motion I filed in October,
>asking for a "reconsideration of court decision."
>
>I had to file the Supreme Court appeal because of the
>limitations on time as I understood it, even though there is a
>remote chance that the Family Court will decide in my favor
>based on new evidence that I submitted with my plea to have
>them reconsider, which, as I stated, is currently under Family
>Court review.
>
>1.  Will the Supreme Court accept new evidence or only listen
>to an argument against Family Court findings vs. Family Court
>testimony?

An appellate court will only consider evidence on the record of the trial court. No new evidence will be permitted.

>
>2.  Will the Supreme Court accept old evidence, whether it was
>used in the Family Court or not?

No.

>
>3.  Is there any such thing as a "legal low blow?"  I plan to
>use every weapon.

You'll need to ask Professor Dumbeldore about this question -- it's over my head.

>1.   So, what do I do?  What are my options?

You need to carry a dictation recorder whenever you are in the other parent's presence. Have a third party serve the parent with a letter notifying of your intent to record all conversations between you, regardless of the transmission medium. Then do it. Eventually, if the other parent is as difficult as you suggest, you will get the evidence you need to get a restraining order. Whether this will improve your custody/visitation is arguable. Only time will tell.
>
>2.  This is definitly leading into PAS.  

This isn't a question, so I have no answer.

>
>3.  Can I ask the school to intervene and request a
>pyschologist interview my child?

Sure, but I wouldn't count on any cooperation.

You need an expert witness on your side, otherwise you will lose. The 17 y olds should be able to speak for themselves, and I doubt that the court would go against their wishes, as it is impossible to keep them where they don't wish to live.

The 11 y o is the real issue. You should have a psychologist prepared to testify that the child is doing well with you and that there is not reason to grant additional custody at this time. Otherwise, you could have problems.

Defamation is the publication to a third party of a false statement of fact that causes you injury. If the statement is about criminal behavior, lothsome disease, sexual promiscuity or business relations, then damages are presumed. Slander is verbal (non-written) defamation.

Your facts suggest that this person has made these statements to more than one person. If the recipients of the false statements are willing to testify to the statements and their contents regarding your being a pedophile and derogatory remarkes about your employer, that would make a prima facie case of slander.

You must ask in writing for a public retraction from the proposed defendant before proceding with a civil action.

Contact a child psychologist in FL and have him/her both propose a plan and be available to testify to it's validity before the court. Find someone who is well respected and who has been before the judge in your case.

Until such time as you can demonstrate to the court's satifaction that the child is failing to thrive or that the custodial parent is affirmatively acting against the child's interests, you are wasting your time with a modification.

>1)  Is the make up time rule something that has to be put in
>the agreement or is this THE RULE  in general and he has no
>say in it?

If it's not in the agreement or other order, then there is no make-up time.

If the situation were that you were  being refused custody/visitation that you were ordered, then you could receive make up time under a contempt motion, but here there is no contempt.

>Soc,
>I have a question.  I am the father of  a 13 year old boy,
>whom up until a recent court decision (Sept 2003) I had
>custody of.  I live in Ga.  The law states that at age 14 the
>child can decide w/ whom he wants to live.
>
>His BM had taken me to court several times over the years
>trying to regain custody - even though I was vcery liberal w/
>her visitation.
>
>My son is very unhappy now that he lives w/ his BM.  There
>really was no valid reason to make the change.  Basically they
>used his grades (an 80 average) as the change in circumstance.
> The Sept court date was actually supposed to be the final
>hearing as this case was filed over 2 years ago on behalf of
>his mother.
>
>I filed, pro se, a Motion to set Aside the Temporary Order
>(the custody change was listed as temporary, even though the
>hearing was scheduled as a final hearin.
>
>My question is as follows:
>1.  At the hearing next month will I be limited in what I can
>prsent to the court?  i.e. I want to establish through my
>son's teachers that his grades are not any better than they
>were in Sept.  I also want to point out that he is not happy
>in his current living arranngement.  I'd also like to point
>out that in less than 6 months my son will be 14 and thus his
>desires will be comntrolling according to the current Ga law.

Make sure that your written motion addresses all of the concerns that you wish to raise at the hearing. Have your son supoenaed to appear, and hope that he testifies that he does not wish to live with his mother. This should be sufficient -- if not, then just wait out the six months, and file a new motion.

>
>2.  How can I get the judge to speak to my son so that he can
>hear for himself what my son wants?
>
>3.  How far in advance must I serve subpoenas or is it summons
>to the witnesses I plan to question?

Every jurisdiction has differnt rules -- you will need to consult the GA rules of civil procedure.

>
>4.  Do I have to provide my son's mother's atty w/ a list of
>my witnesses?

Usually, yes.

>
>5.  If I have my son visit w/ a psychologist to evaluate him,
>may I subpoena the psychologist into court to testify about
>his or her findings?

Yes, but frankly, if there's only six months to go, I would just tell the kid to hang in there, and then drop my current motion and wait it out. It'll be cheaper in the long run.