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I don't know if you remember my history here....but I am having problems with the custodial mom paying her 1/2 of the court ordered transportation costs. I took your advice and am filing on Wed. a mod to  child support downward since mom refuses to pay her 1/2 and that is equivalent to an increase in her child support award.

I just received an Affidavit in Support of Motion regarding Travel Costs from custodial mom in OH. No motion attached. Affidavit of Mail Service is attached stating they mailed a copy of the Affidavit (no motion mentioned).

Everything is notorized in OH. Obviously no court date since no motion. I thought all motions have to be filed in person (or by lawyer) in the court house.

Case is in MN. Affidavit states she wants her portion of travel costs to be reduced from my arrears because she cannot afford to pay anything. I already pay the extra 20% for arrears every month for over 3 years now. She makes more money than me and judge already said she took into account our finances and that she is the one who moved withOUT court order or consent.



Questions:

1. Can/would the judge even consider this affidavit with no motion?

2. Can a motion be filed from out of state, such as by mail?

3. Can/Would the judge consider this when we go to court for MY motion to reduce child support?

Hello Soc,

I want to read the transcript from my custody hearing in March. I do have the court order the Referee sent out shortly after the hearing.

Questions:

1) What is the proper form to use to request a copy of the transcript from my hearing?

2) Is there usually a fee for requesting a copy?

Never thought of that one, and it definately sounds better! I will be filing a motion to modify support! Thanks again!

Hello again Soc,

I'm NCP in MN, MN court order, custodial mom in Ohio.

Went to court in March for change of custody and get court to compel mom to answer my interrogatories. Referee ordered mom to answer the interrogatory within 30 days and was said I could file an amended motion after I receive the answers to the interrogatory. Referee also ordered a Parenting Time Expeditor, both parties to split his cost.

I didn't have to say much of anything during the entire hearing, it was mostly the Referee getting irritated with the mother. Mother tried to bring up how she cannot afford to pay 1/2 of the child's airfare, as was court ordered previously. She has never contributed to airfare.

Referee told her correct way to address the court is to file a motion, but keep in mind she already took into account both parties incomes (mother makes more money) and the fact that she moved without court order or consent.

Next pareting time is in June....I notifed mother of price of ticket with 75 day notice. Court order says for her to pay within 15 days. Mother contacted Expeditor, says she can't pay anything, will pay 1/2 of every OTHER visitation in 2007, or else she will file a motion.

I responded with: Not acceptable and not in accordance with order, however will give you an additional 2 weeks to pay before I file a motion for contempt.

Considering the mother's frame of mind, I am assuming she will show up for court, rather than pay her share of airfare ($200). I have a waiver of fees to file motions. I will be filing a contempt motion if she does not pay at the end of the extra time I gave her. She will have to fly to MN again.

Court order says for mother to provide me her father's phone number immediately, as child routinely spends the night and several days there due to mother's nightshift at work. Mother refuses. Petty I know, but I'd like to add it to the contempt motion for non-payment of airfare to add to the overall effectiveness.

Questions:

1. What can I ask for as remedies in my motion for contempt in order to get the mother to pay her 1/2 of the airfare?

2. Can I list additional contempts (same court order, different topic) in the same motion?

Gotcha. Thanks. I was trying to see if there were any options for gaining some advantages.

Hello again Soc,

My change of custody hearing date is 3/23. In the motion it states if the other party wants to submit a response to it, she must have it in the mail 8 days prior to the court date. (which would be next week). She has not done so yet.

All she has done is send a letter to the judge asking to have the court date delayed......which was granted and is now 3/23.

Custodial mom never bothered to file a response for my motion for parenting time assistance. I expect that she will not file a response for this change of custody either. She does not have a lawyer representing her.

I was thinking of filing a Motion to Show Default (on the appropriate date), just to bring to light to the court that she failed to submit a response.

Questions:

1. Would there be any benefit to it?

2. Is it assumed by the court that everything I said in my motion and affidavit to be true since the other party did not deny anything in a response?

Gotcha. Just updated the form on my hard drive for future use. THANKS!

Ok thanks. I was just a little worried with technicalities, as the proof of service by mail says "I served the attached documents"...when in fact the person signing the service by mail didn't attach copies to that Affidavit of Service by Mail...but she did mail the original affidavit of service by mail to the court.

The Affidavit of Service By Mail form that I use I got from my county's website.....and it says

 "....I served the attached documents, namely ______________ upon the Plaintiff by mail service including a true and correct copy of the documents in an envelope addressed to the petitioner at her last known address of _______ and depositing the envelope with sufficient postage in the US Mail at the Post Office located in the city of ____ State of_____."

I have used this form numerous times but have never included actual copies of the motion, affidavit or enclosures when I send it in to the courts as proof of service. I figure they already have all the copies since I filed the motion, affidavit and enclosures with them to start with. Court has never questioned me regarding the form.

Question:
1. Could it be a problem if I don't attach anything to the form, as long as all the documents are listed after the word "namely"?

I just thought of something...

Question:

1. If it got to the point where I needed to file contempt for ex not providing me the info, and I also wanted to file for temporary sole custody simultaneously....How would I get the court to approve that since my ex and son live in OH and I am in MN?