Topics

1

Child Support Issues / Sept 13th 2004 CSEA Order

« on: Aug 06, 2005, 07:21:13 AM »

Ok. So last year Dh was given custody of SS.  Ruling was just file stamped this past month.

CSEA contacted DH and said - We need your current information inorder to determine support for last year?

How can they use 2005's information for a CS order for 2004?  

CSEA when mom was custodial did a review in Sept 2004 for an increase for her.  Why cant they use that paperwork?

2

Shrink Rap / GAL appointment

« on: Jan 18, 2004, 01:41:53 PM »

This was posted on Dr. Reena's board but she hasn't had time to look at it. So we wanted your thoughts...

My Dh just got notice that a GAL was appointed in the case of his ex wife trying to take away all visitation due the the childs therapist stating that the child -6yo wants to stab and shoot us. These are almost verbatim of the same allegations the therapist made and that the court threw out 2 years ago. Anyway, the GAL was appointed due to the courts own motion.

EX filed motion to reduce visitation, DH has not filed anything then we recieve this.

Also, with our last GAL, we followed the advice given here and prepapred a notebook, transcripts, etc. The GAL favored the father but stated that both parties had too much evidence and had presented too much material. With this new GAL, should we do the book or just give it some photos, etc? The last GAL (not the same one as this one) stated that if mom continued he would change custody.

1. Would you like to give a stab at why the court would appoint a GAL on its own and what this typical means?

2. With this new GAL, should we do the book or just give it some photos, etc?  If we do the book, I am afraid that we will look like we are trying to be controlling etc.  If mom does the book and we dont, and just provide a video, etc then maybe we will look better, I dont know.

3. In light of what the former GAL stated do you think that the current GAL if she found the same thing and that the pattern had continued that she would recommend a change although it was Mom who is iniating a change to the parenting plan?

4. If mom requested a change in the visitation order, neither party requested a GAL, court orders one, does that mean that the court on the recommnedation of the GAL could change custody since Mom opened up the whole visitation thing?

Thanks

 
 

3

Dear Socrateaser / Employment Records

« on: Jun 25, 2005, 12:02:55 PM »

Hi,

DH and I were court ordered to have a forensic eval.  Today, the doctor handed me a termination letter from a previous employer.  He said he had no idea how she got it but that I needed to respond to it.

I thought that it was a private record.  Is it legal to give someones personel file to a third party in Texas?



Thanks

4

Dear Socrateaser / Employment Question

« on: May 18, 2004, 11:09:14 AM »

Hi Soc -

I have an employment contract.  Recently I took a second job to augment by income as I was in a starting position.  I needed the $ to pay my basic living expenses.  Employer (Indian Outsourcer) found out about it - States it causes them great embarressment for me to be employed as as clerk at a National chain hardware store.  They told me they would up my salary and give me a bigger bonus if I quit.  Also, I have to sign a new employment contract.  All the provisions are the same with the exception of a couple -

contract provisions:

ii.   ii.  The employment of Employee by any other person or entity on a full or part-time basis without the prior written consent of Employer
iii.   the termination by CONTRACTOR (and/or any of either of their affiliates or successors) of the Master Services Agreement between CONTRACTOR and EMPLOYER dated March 2002, or any substantial reduction in the work specified in the “Statement of Work” incorporated into such Master Services Agreement



The state I live in is an at will employer.  I need this job at this time.

Questions:
1. Do you think I lose anything by signing this contract with the provision of having to get their permission to obtain outside employment?
2. What are your thoughts on the enforceableness of my being required to give them 30 days notice if I leave?
3. Would the provision on outside employment relate to my own business such as mystery shopping or ebay?

Thanks for your help!

5

Dear Socrateaser / Update on Judge ordered Psyc Tests and ?'s

« on: Mar 03, 2004, 08:17:53 AM »

Soc,

The ex filed for supervised visitation and pschy tests.  Court appointed a GAL - Agreed to tests and ordered ex to fully pay for tests and all transportation.  Ex refused to pay and wanted us to pay. GAL stated no, court stated no.

Ex then filed a motion to dismiss based on the fact that she could since she brought the case.  GAL is filing an objection due to the serious nature of the charges ex brought originially.  GAL states it is in the childs best interest to determine if the abuse EX alledges is true.

Attorney states that she can dismiss her own case and that he has never seen a Judge decline to dismiss.  GAL is filing an objection to dismissal.

1. Have you ever seen a Judge require a case to proceed based on the GAL when the party bringing the case does not want to proceed?  

Thanks

6

Dear Socrateaser / New GAL, new day

« on: Feb 07, 2004, 08:17:41 PM »

Hi Soc,

Dh went for change of custody due to visitation denial in 2001, April 2002 - settled.  

BM filed false charges 02 and 03 - deemed unfounded twice.  Then BM filed emergency hearing to stop all visitation in July 02 - citing abuse allegations - found to be unfounded.  All was going as smooth as can be expexted until Dec 03 - BM again filed SAME information asking to stop all visitation on an emergency basis. Judge granted but ordered supervised visitation by court - Vistiation occured and court observer noted no signs of abuse and stated that all regular visitation should be re ordered.   Dec 03 - Judge through out and gave DH additional days for missed visitation.  BM refiled as a regular motion to change all vistiation to supervised - Dec 03 - prior to child spending a week with DH at Christmas in another state.

Judge set for pretrial - then he ordered a new GAL to be appointed.  GAL talked to former GAL and to both parents.  GAL immediately recommended forensic eval of all parties including eval of current therapist (her methods and if she is biased toward BM) of SD.

Pretrial this past friday - Judge ordered BM to place on deposit 50K for evals plus pay DH/my airfare, car rental and food for the time it takes to do the eval.  Then the Judge set the case for a change in custody trial.

Questions:
1.  Since BM filed a change in visitation, can the GAL and Judge change it to a change of custody motion on their own?

2. Have you seen a GAL independately recommend a change in custody  when a vistation modification was requested by one parent?

3. any other thoughts you have are always appreciated!

Thank you

7

General Issues / Cell Phone Recorder

« on: Jun 23, 2004, 08:48:40 PM »

Hey All,

Sometime ago, I bought a cell phone recorder so that DH could record calls.  Well, we could never get the thing to work.  Recently we found out that it will work on most cell phones but not Nokia.

I bought it for like 19.99.  I would like someone to be able to use it.  For the cost of shipping and a small donation (will leave the amount up to whomever wants it), I will ship it to a needy parent.  I can take pictures of it and send them as well.

Just respond or PM me if you want more details.

8

General Issues / Update on GAL

« on: Feb 17, 2004, 04:24:51 PM »

Hey All,

Some of you may remember that DH went to court last week and BM was ordered to put up 50K for psycological testing fees.  

Well, guess what - BM called and says she is sorry that she has causes so much trouble and can't she just drop the case?  pretty please? with sugar on top?

Well, our attorney says no dice and the GAL says go ahead and try.  The GAL stated she will file a motion against dismissal since the allegations are serious and repeated and SHE wants to find out who is abusing the child.  If it is Dad, visitation goes bye bye.  If it is Mom due to her repeated allegations, then custody goes to Dad!

I feel so sorry for poor BM(opps, nope h*ll hasn't frozen over yet), but she can look on the bright side.  The Dr performing the tests stated that he will do all of us for 4K.  At least she gets to pay it 1/2 now and then the rest in payments OH and she still has to pay our traveling fees.

Thoughts?

BTW- what is a MMCI?  Anyone had to take it??  HELP

9

General Issues / your thoughts

« on: Feb 03, 2004, 07:33:55 AM »

Okay Guys,

I need your help - For the last two months I have had the following symptons - light, if not scant periods, change of smell - I can now smell things so much clearer (used to have a HORRIBLE sense of smell), light headaches (not like my migraines) and I can never get enough sleep.  DH mentioned last night that I might be pregnant BUT I am scared to go and get the test.  I have no medical insurance and we really cant afford a little one at this time.

What are your thoughts?  What else could these symptoms be?

THANKS!!

10

Visitation Issues / Emergency Order

« on: Dec 13, 2003, 06:30:41 AM »

DH drove 1400 miles to pick up SD, he was met at the door with a smiling BM who said, all visitation has been suspended, you can see her fro 2 hours of supervised visitation at XYA.  He shows up there apparently, BM retained a new attorney as her old one told her if she continued she would lose SD.

This new one filed an emergency motion and did not have DH served. It was signed by the Judge on the 10th and DH's attorney at 6:30 last night did not know anything about it.  The lady at the XYA stated that it appeared he was not properly served and she was surprised that DH's attorney did not know anything.  

We are guessing that BM thought DH was flying in instead of driving as the hearing in on Monday for suspension of all visitation immediately.  DH's attorney last night stated that he would not represent us as we still owed him some money.  

So, until DH can go to the courthouse and get a copy of the allegations against him and hopefully get his attorney to show up.  We need all your thoughts and prayers.  
 
I was so upset last night that another child loses again due to a vindicitive mother that the dogs and I walked in the rain for an hour and a half.  If anyone knows anything or can give me good thoughts, we would really appreciate it right now.

Thanks