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I do think that if you ask for a modification of child support that they may possibly apply the new calculations. I think there may be a limit on how often you can ask for modification similar to changes of custody. Check it out. Has your employment changed if so it may be worth it. I have no idea about the underemployed. A good resource for me- the Father's resource network, I found Attorney Sean Linnan very helpful. The courts should provide you with the number of the father's resource network.

From what I understand I can share what may be a very limmited perspecive.

I was told that if there is a new case the new calculations will be figured. If there is an existing case technically it can not be applied to the new law until 2008. However, I was told that within the system "they" are telling each other to go ahead with the new calculations for anyone that asks for modification that way they won't have to work so hard later in 2008.

You cannot serve or sign the affidavit of service if you are involved in the motion, that is if you want it to be legal. Your wife or girlfiend is pushing the limits because the other party could say that they were never served and it could look bad. If the issue is serious, like an order to show cause I would hire the sheriffs dept about $30. The person who said they did is not giving good advice. THey were lucky that the other party did not raise the issue.  Good luck.

I understand about being liable to pay support unless I get the order changed. For me at this point I don't mind continuing to pay support to the mother even if I have my daughter living with me. If I bring her back to court for the support change at this point she will surely "change her mind" and take our daughter back to live with her which I know she could do at anytime but I think it is worth it to try and see if we can make it six months.

Question: what do you mean "the BM will win in court 6 months down the line if you do not change that part of the court order"? Please be more specific. Win what?

Thanks again.

Thanks for replying any other advice from others out there?

Yes, child support is court ordered and paternity has been established.

Could you be more specific as to what a letter would look like. I do want to cover all bases as this may finally be our families big break that many of us all pray. Thanks again.

I am the father and I live in WI, the mother is in MN. There has never been an official declaration of custody. It is assumed, I assume. I do not have any 50/50 legal or physical. I pay child support regualrily and it is current and  I have a clear visitation schedule.

In the last month the mother has been evicted from her apartment and recently had her 2000 GMC Yukon reposesed. There is definet suspicion of drug abuse. She also works illegally as an "entertainer" have not been able to prove any of this to a court. I have been slowly rebuilding the parental friendship with my child's mother and my fiance and her are talking effectivly regarding my daughter's welfare. I am able to convice the mother to allow more visitation than ordered, I think she likes the break and is slowing getting over her control issues. I try to have my daughter with me as often as the mother will allow.

I would like to have full custody some day but after 3 1/4 years know about the chances of that without some major occurances taking place.

So this is what I am wondering about. The mother has recently allowed me to bring my daughter to my house indefinetly, I told her that until she got her stuff together I felt that my daughter would be better with me. She agreed! wow. I am arranging for child care due to both myself and my fiance working full time.

Question: How long would my daughter have to be in my care/living with me/ enrolled in preschool here before I could ask for a judgement of custody to myself?
I understand I would need to establish status quo. I remember seeing somewhere six months, but can less be adequate?

I just want everyone to know that my intention is not take my daughter away from her mother or use her irresponsibility against her. I want my daughter to be in the healthiest envoronment possible. I do not plan to seek $ for child support or daycare. I will be happy to co-create a visitition schedule that allows for plenty of parenting for the mother.

     I do not need to subpoena these witnesses as they are family members.  Or do I need to technically.

As far as if I need to impeach the other partie's testimony, which I believe I do, what do I need to do.

Can I really just include the list of witnesses in the papers I serve with the motions ect?

Thanks for the info, I hope I am being clear enough. I can understand if it is specific to the jurisdiction then I think I am stuck.

Case is in MN, I am the NCP. I am bringing a motion for contempt against the CP for denial of visiation. Again.

I would like to have two witnesses give their testimony in front of the judge.

What do I have to include in the paperwork that will be served to the CP to "notify" that I will have witnesses in court?

Could you please give me a template to work with?

Thank you so much. I know that I have read about this here but I am pro se and I want to be sure I get everything right.

Dear Soc-

Your advice to some of the questions asked recently has really taught me a lot and I want to say thanks again for all. You really blew me away with all the info about insurance.

My question is about visitation.

I am the NCP and the case is in MN.

The court ordered visitation is written as, "the child shall be delivered to and returned to the home of XXXX XXXXXX, the grandmother of the child."

I am the father. The drop off and pick up are at my mom's house. The order does not state that the mother shall drop off my daughter to me, just where. Part of this is because we were trying to avoid seeing each other to avoid conflict. I do not have any legal or physical custody as of yet.

I live over two hours away from the drop off/pick up site. Lately the CP has been again denying visitation and I am working on another contempt motion.

Do I have to be present for the CP to drop off my daughter at my mom's house. Of course my mom would be present?


Can my mom call the police when the CP doesn't arrive to file the report that the CP didn't drop of my daughter?

thanks for the help.

Hello again-

I have asked you several questions concerning this subject and here I go again:)

The case is in MN. I am the NCP. Dec. 5 there was a court appearance filed by myself, order to show cause-contmpt-denial of visitaion.

During court I settled on an agreement with the CP. Which was later drafted and sent to CP' lawyer. Now the CP is refusing to sibn the stip, really not in her favor as I can tell.

I called the court administrator and asked if I could write a letter to the judge asking him to enter the verbal agreement we made in front of him as a signed judgement. I was told previously that that is what would happen if one of us didn't sign the agreement. I wanted to get the judgement entered to have an enforceable order in place, (the location of the drop changed in our agreement and that is where we have been meeting). However, the administrator told me that I needed to start from scratch and ask for another order to show cause to be signed and bring the CP back into court for contempt again with the same evidence as was presented before. This due to "the agreement having fell apart". The court administrator stated that the visitation order we had previously would still be in effect and enforceable. This makes me feel that we need to start meeting again at the original location in order to have an enforceable order.

Does this sound right to you? In the past you advised that because we agreed in the courtroom that agreement would go into effect when the judge signed it. It doesn't sound like a judge will sign a new order.

How long should I wait for her to sign the agreement before I bring her back into court? She won't but I want to be sure before I bring her back into court.

Thanks for your help. As far as I can tell I just need to do a little preparation and get an order to show cause, serve her, and serve the courts.