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Messages - T0052SC

#1
Dear Socrateaser / A big THANK YOU
Oct 18, 2005, 08:15:52 AM
About three weeks ago you had helped me write up a motion to modify custody.  My ex and I agreed upon the change we just didn't know the process.  

Well after you helped me write the motion I found out that the state has an agreement form so parents that agree don't have to go to court but just fill out the form.  

I was able to just cut and paste the sections from the motion into the Agreement.  My ex met with me last Sunday we signed it all, had it notarized, and I submitted it to the court yesterday.

The clerk said we will get notice in 4 to 6 weeks.

I just wanted to say thank you for the help, and guidance.
#2
Dear Socrateaser / RE: You've got mail. (nm)
Oct 03, 2005, 09:58:04 AM
Thank you for the help.  I have made the changes as you suggested, and the Pastor at my church has pointed me to an attorney that is going to walk me through the process of filing free of charge so we can do this po-se.

Thank again.
#3
Dear Socrateaser / RE: You've got mail. (nm)
Sep 29, 2005, 01:53:26 PM
Forget that last post I got the file to open.  I did have a couple of question:

1.  I your revision you took out the section on child suport, does this have to be in here to eliminate the current modified child support I pay?

2. I your revision you took out the section of education, my intent was for her to help with half on my daughter.  Currently it reads that we only pay for what we each use during our custody time.  Does this need to be included to get her to help with half.

3. In your revision you took out the tax exemption, currently we are to each take one, she has let me take both in the past, does this need to be included so I came always take both?

Thank you,
#4
Dear Socrateaser / RE: You've got mail. (nm)
Sep 29, 2005, 01:37:09 PM
Thank you for reviewing the stip.  I am having problems opening your revision, could you resend it.  Word keeps giving me a Runtime error Abnormal program termination.  

Thank you,
#5
I just sent you an e-mail copy of my 1st rev proposed stipulation to your yahoo account.  Thank you again for profreading this and giving me your opinion on how to form this up.  

I am still unsure how to write up a motion, if you have any examples that I could use as a template I would be greatful.

Thank you again.
#6
You can file a joint motion to modify custody, on grounds that both parents have agreed that the changes are in the child(ren)'s best interests. You would submit the modified parenting terms and conditions by way of a proposed final order.

How do I file a Motion?

Is this a letter to the court that would include the new stipulation?

How involved does the motion have to be about the change in situation, can it just state that both parties want to make the following change for the best interest of the children or does it have to explain?

I've never seen a NH pleading, but if the courts have "form' pleadings, then you must use those to submit your changes. If not, then you can use a generic pleading. Either way, if you have an example of a prior pleading that you can scan and email to me, then put everything together the way you have agreed and then you can email it to me at [email protected] (let me know that you've sent something, because I don't ordinarily check that email unless I know someone has sent something to me).

1.  What are form pleadings?

2.  Is there a special template things need to be writen in?

3.  I have a copy of our current order in word format, I will write it up with the changes and e-mail it over to you, but it wont be till next week.  I will send another message when I do that to let you know.
#7
Here is a little history:
My ex and I are divorced and have 50/50 custody, physical and legal.  I have residence for school and doctor, but because of how much more I make I still have to pay childsuport.  The divorce was done through New Hampshire and my ex and I still live in New Hampshire.

A little over a month ago my ex came to me wanting to change custody over to me.  She basicly only want to see the kids every other weekend.  We both agreed that this was a good change because the conflict and confusion.  We also have been practicing this new custody for almost 3 months now.

We want to make it a permenant order but we don't want to go to court and don't know what the procedure is.  We want to eliminate childsuport for me so I can use this money on the kids and she wants to eliminate having to pay for my son's before and after school program, he is in because of my work (I work 8-5 so he goes to a program that takes him to school and picks him up).

How do we make the change:

1.  Do we just need to rewrite the final stipulation to the changes we want to make and then sign it noterize it and mail it into the court?

2.  Do we need to go to court even if we both agree to the changes?

3.  If it is just drafting up a new stipulation do we need to also submit any other papers, for example finacial afidavid, and childsuport calculator.

My ex and I don't have the money to go through attorneys, so we wanted to do this on our own.  I have a our original final stip in a word doc so if it is just us rewiting, signing it, noterizing it, and sending it in I have discussed it with her and she is all for it.

Any help would be great.
#8
Dear Socrateaser / RE: Credit fraud
Feb 23, 2005, 09:31:22 AM
>The Credit Reporting Agencies (Transunion, Equifax, and Experian; aka CRAs), assuming you have contacted each individually, will begin an investigation. This usually means that they will contact the card issuer and ask if the debt is valid. If the card issuer says yes, then that will be the end of the investigation and you will be SOL (the law in this area is as weak as a used tea bag).

I contacted each one of the above credit agencies and discussed what was going on.  The agent I talked to said that they were opening a fraud investigation and that the creditors had 20 days to prove that I either signed the application or sales receipt.  He said if they can't prove it in 20 days then it is fraud and it will be removed from my credit report.

Questions;
1. Will things work this way, your write up seems discouraging?
2. Will they just remove the creditor or will they also go after my ex for fraud charges?

>Your argument is with the card issuing bank, not the CRAs. You should be sending them a written statement that the account and all charges against it is unauthorized.

I did this but two of the banks basicly told me to pound sand.  They told me I would have to take it up with the credit agencies.

Question;
1. Is there anything else I can do?

>Now, if your ex opened these accounts while you were still married, then depending upon the law of the jurisdiction, you may be stuck with the bill. If not, then the accounts are fraudulent, and the banks should clear your credit.

The accounts were opened just before we were separated.  I never knew about the accounts, my problem isn't being held liable because all the accounts are closed and at $0.00.  My problem is how they were closed and managed.  She let alot of the accounts go 90 days over due for 3 times and then had them closed by a credit grantor.  This on my record destroys my credit.  I just want them removed to resore my credit, I don't have anyone coming after me for over due credit.

#9
Dear Socrateaser / Credit fraud
Feb 22, 2005, 01:11:58 PM
I have just finished my divorce and now am trying to rebuild my life. I went to pull my credit reports to make sure that the ex was not tied to them any more and found four accounts that I had no idea about. I also found that they had my current address as the ex's address which I never lived there and my former address where I currently live.

I researched the accounts by calling the creditors and two of them took me off immediatly and told me to tell the credit agentcy to call to verify, the other two would not do a thing. All these accounts my ex opened in my name but her address and charged them up to max and let a credit collection agency close them. It has destroyed my credit.

I talked to my bank on what to do they told me to call the credit agencys and open an investigation of fraud because I never signed applications, receipts, or knew of the accounts. I have called the three major credit agencies and opened an investigation on the two accounts as fraud.

Now my questions;
What will happen now?
If they find these as fraud what will happen?
If they find these as fraud what will happen to the ex?


#10
Dear Socrateaser / RE: Health insurance question
Jan 05, 2005, 05:11:29 AM
However, in order for you to force the employer to adhere to the law of the MA jurisdiction, you will have as that the court allow you to join the employer as a necessary party or permit a third party consolidated pleading of two separate cases, such that your case would be "In the matter of the marriage of Wife and Husband; AND Husband v. Employer."

1. I don't totally understand what you meen here could you explain in layman terms?

The real question is whether you are going to agree to provide your spouse with insurance and upon what terms

I do not want to supply the STBX with health insurance.  She is 26 years old and working 3 jobs.  2 of the jobs will offer her a for of health insurance but not as good as mine.  I have a letter from my employer that states they will not cover her and her only option is COBRA for 18 months.

I have no problem supplying health insurance for the children as long as I am employed.

1. How do I prevent supplying the STBX with health insurrance?
2. How do I protect myself so if I loose my job in the future I am not in contemt for supplying the children or have to pay out of pocket?