Messages

Soc

Indiana Here, courts orders are to follow the Indiana Parenting Time Guidelines "without alteration".  At the conclusion of our last hearing where BM was found in contempt X 2 for failing to abide by courts direct orders, we asked our attorney the question that given the "without alteration" clause in the order, if BM signed child up for an activity on my weekend without my consent what happens, the response was that BM can not take that weekend away UNLESS per the guidelines the parents agree to another arrangement.

BF asked BM to switch a weekend so child could go to school weekend field trip, BM refused, in absence of aggreement BF told her that the EOW clause without alteration and in absence of aggreement BF would get child at 6 PM.  Child not there at 6 PM, this caused BF to not see Child from March 24 weekend to May 5 weekend.

Per the guidelines, when a parent looses time due to a event outside the normal family routine, the parents are to agree to a weekend make up time if no aggreement is made NCP (BF) is to select the time.  BF has selected this time - BM refused it multiple times and multiple wekeends.

Her rationalization, is that BF FORFEITED his weekend by not coming to get the child when child returned from trip (4:30 AM Sunday AM, BF was never called nor was on emergency contact sheet to pick up from school, BM did not contact BF at all), but BF was there for pick up per the court orderd 6 PM exchange at the house, child nor BM were present.  All documented.  

Question #1:  Can you make any justifiable reationalization of this so called forfeiture in absence of an agreement between the parties?

Question #2:Can you give me a rational written response I can give to BM since my attempts to tell her that you can not forfeit something that you do not have to begin with theory?

Question #3: is it time to give up trying?  I have spent 90K in legal fees over the last 12 years, I have no retirment or savings left and the courts keep only giving her a slap on the hand.


Thank you for letting me rant!

Thank you for your candor as always you shed the light where it needs to be.  

Just as a side note, the reason our attorney would not file a writ is becasue the judge was his "golfing buddy" and they did a yearly trip to England to golf.  

Have a good day Soc!

Soc,

The below post intriques me - here was situation.

DH under CS obligation, lost job filed for CS reduction due to change in circs.  Went to court and after 3.5 years a cs order came out, court ordered X amount and Y in arrears.  DH paid this faithfully for 5 years in cash directly to courthouse.

After 5 years TItle IV agency wanted total payment of arrears and froze all accounts.  Showed them court order that we were paying CS and arrears by terms of order, they claimed they "could becasue they could"  (as other poster noted - loose excuses and never consistant and never a valid reason).  No court order to do so from judge, but Prosecuting attorney sent "order to with hold all assets until arrears paid in X amount" to financial institutions.  

1. Who was in legal right?
2. Can a prosecuting attorney's "order to with hold" over ride a judges order that was being followed?
3. Note the length of time to render a cs order, should something have been done? (neither attorney would file a writ of mandamus sp.)

Although all is over with and we lost the fight and all our money, and only 5 days from being homeless, I still have a sour taste that things were not legally done on the up and up.  TY

Wonderful tahnk you, I hope you had a wonderful vacation, and come back rested!

I've complained to the management via phone before, please understand that the manager there now is a vindictive person who is feared will seek revenge on complaintents - I know this becasue 2 of my family memebers worked for her and saw it first hand, additionally they have both witnessed her "drug" problem, smoking and purchasing.  I am afraid of what she will do if I were to complain too harshly or in writing.  I did this once due to a maintenance worker making sexual remarks regarding my underage daughter, and regarding my female parts, he was subsequently fired and escorted off the property.  This is documented.

Tell me more about the constructive eviction option -

1.  would the following be reason enough:

Quiet enjoyment disruptions due to construction 50 yards away from my balcony, starting at 7 AM to 6 PM daily (not good for hubby who does not have traditional working hours), disruption in water, electricity due to carelessness of construciton crew, blocked entrances, not allowing me access to my apartment, poor parking due to torn up parking lots, and multiple police visits to the complex as many as three a day due to fights outside on property.


Additionally, I had read someplace (but now can not find it) that when major reconstruction, demolition etc is to take place ont he property, owners are to supply the tennants in writing their intent.  This has not been done.

2.  Is there such a something or another?

Hope I followed the guidelines - sorry this is early AM and I am still on my coffee......

We have all taken a beating from our "nut jobs" - some more than others.  In our case it has been 12 years and $90,000 in attorney's fees.

I do not always like what I hear come from Soc, and I have had my hands slapped a few times, BUT I admire his HONESTY and viewpoint.  We all understand how frustrating and painful the system is, but that is the law.  He calls it as he sees it.  If we were all attorney's and or knew the law - face it we would not have to ask his valued opinion.

Trust me - if you want heart felt law, you will take a horrible beating in the court room, if you want honesty and straight to the point advice, listen to Soc, otherwise - if you are like many of us here, pay your attorney to read your email at $40 a pop or call him at $50 for 15 minutes, guarenteed - Soc spends MUCH MORE TIME than this to help us around here.

An apology is in order here, and a BIG OLE THANKS goes to Soc for helping the rest of us in our times of stress and upset.  

Tipping my hat to Soc............

"unless you can get the management to agree that it refers to the existing lease."

The way I read the written notation is that the addendum follows the lease -as in follows all signed leases while living in the same complex.

I completely understand what you are saying, and thank you for your input!

1.  Can it be argued that the interpretation of the notation was such that the addendum followed any/all leases while residing at current apartment - therefore establishing tenancy year to year?

Thanks again!

Soc, we are in IN.  Apartment complex we are now residing at has started demolition and rebuilding of condos.  The manager nor the owner has ever sent out written notice of demolition, all is hearsay, or viewable.  Currently we are 6 months into our lease, owners are no longer signing 1 year leases, short term only.  Due to construction, we have been subjected to interuptions of water (crished main) electricty (blown transformer) and blocked entrances, and parking annoyances.  From my balcony I see nothing but caterpillars, not the cute fuzzy little creatures either.  We feel that all the above has been a disruption to the quality of life we have known here for the past 12 years.

We are planning on moving this summer, breaking the lease.  The lease has a typical abandonment clause telling us that we are liable for any deficiency in rent.

Three years ago, the manager gave to us a "Lease Termination Addnedum" stating that "In consideration of the Lessor agreeing to release the Lessee from the aforesaid Lease prior to its expitration date, the Lessee agrees to the following:  it goes on to say that we would owe any outstanding rent which may be due and owing at the time of the intent to vacate, give them 30 days notice of intent to vacate, $0 in additional lease termination fees, and $0 which is the total value of the rental concession granted upon siging the lease, and the addendum supersedes the Abandonment clause contained in the Lease.

The prior manager also noted, dated adn signed on this "This addendum follows the lease and is good for the entirety of tenancy."

Question:  Do you see any issue with us breaking the lease with 30 days notice to the landlord with no penalties?

my apologies - guess the IRS breathing down my back has me a bit on edge.

nm