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I am a VA resident, but The State DOR is in Florida. The Florida DOR has jurisdiction over my case.

I don't know if you will be able to help with this "hybrid", but I figured its worth a shot.

Florida is populating my child support tradeline on my incorrectly. I have undergone the standard disputing process through the credit reporting agency and it has come back verified 1 million times over.

Upon doing alot of research, The Fair Credit Reporting Act applies to Government Agencies and can be initiated in District Court.

I have been trying to figure something out, but no one seems to know. Everyone says that I need to sue in Federal District Court in my Jurisdiction. No one knows if I can sue such an agency in my State's Local District Court.

Everyone also says that I am better off suing DOR directors if I want to get the issue resolved.

I have no idea if this must be done in Federal Court, or if I can just sue in Local District Court e.g small claims court etc.

In addition, I would like to get a senator involved, but if I try a VA senator they say contact FL. If I try a FL senator, they say contact VA.

So if you have any idea on how this could be done my questions are as follows:

1) Which state senator would be the appropriate one?

2) Must I sue in District Federal Court, or could I sue in Local District Court?

3) Is it equally effective to sue agency heads as opposed to an entire agency?

Thanks for any answers SOC.

n/m

**Due to my present environment, ">" shall reflect "HIV". **

Soc,

I live in Virginia, but the CP lives in FL with my child. I have some unusual questions. I don't want to come across as spiteful because I know that you don't like that. However, I am not sure what to ask, or how to ask because of the peculiarity of the situation, and the time that has elapsed.

I know I should have asked questions like these so long ago, but I have blacked out many things since the separation/divorce/custody judgment, and rightfully so. In addition, I have been given advice by anti-NCP folk on the internet and didn't realize the bad advice (e.g. you are a liar) when I saw it.

During the year 2001, CP and I went out camping in the State of Virginia. CP was allegedly bitten by a tick, and developed a large "bullseye" mark on their back. Shortly thereafter, CP returned to FL with the child (before 6 months) to the State of Florida. CP told me that they went to a doctor for the mark, and was advised that they were tested for Lyme Disease.

CP then alleged that they were tested for Lyme Disease and the test turned out negative. However, CP told me that the doctor said they had >. I urged CP to get a "Western Blot" test which is supposed to affirm that CP has >. CP alleged that they took another test which affirmed that they had >.

I went to get tested multiple times, and in the years to come, but it was determined that I do not have >. CP suddenly vascillated, and told me that they did not have >. CP alleged that this was all a "big mistake" made by an unknown medical facility. CP even alleged that they filed suit against the medical facility and won.

CP provided me with a negative result, but would not let the paper leave their hand. CP refused to provide me with a positive result or the name of any medical facility. I didn't look at the document at the time to determine what or where the medical facility was. CP also advised that they tested positive for Lyme Disease and that the > reading was accidental. (This was CP's alledged premise for filing suit against the unknown medical facility in that they were being tested for the wrong thing).

I have checked CP's locale, for which public records (including lawsuits are found on the internet), but have found none.

Through a few other sources I have heard that CP states they will always test positive for >, because they allegedly been treated for Lyme Disease, but the disease will always show positive on a test result.

My questions (not for you, but informally to the medical community) were as follows:

1) Is there any reason why a person who goes in to be tested for Lyme Disease would be tested for >?

Answer: No

2) Is there any corrolation between a test for Lyme Disease and >?

Answer: No

3) Is there any possibility that someone could take a test, and then a confirmatory test for > and then suddenly be found negative?

Answer: No

Based on the above, my questions are as follows:

1) Could I subpeona alleged health records for CP stating that they have or do not have >?

2) In the eyes of the law, would I have the right to know whether or not CP has >?

3) In the eyes of the law, could > pose a health risk for child?

4) If I could turn around and obtain said records, could I turn around and sue for not being advised of the truth (or sue for anything else) if the statute of limitations for such has not expired?

5) Is there any publically accessible database that you know of which advises whether or not someone has >?

Sorry for the long post, and not even knowing what to ask, but something had to be asked, if not done, Soc.

Thank you very much for your time as usual.

Soc, I am trying to find case law specifically pertaining to family law. Everytime I google something, or use "findlaw", the best that I can do find appeals.

How do I get caselaw that is specific to a State (I don't reside in that State so I can't just walk into the court) or even a circuit court/judge?

My questions are as follows:

1) How do I get caselaw that is specific to a State or even a circuit court?

Thanks again Soc.

Soc, I am trying to find case law specifically pertaining to family law. Everytime I google something, or use "findlaw", the best that I can do find appeals.

How do I get caselaw that is specific to a State (I don't reside in that State so I can't just walk into the court) or even a circuit court/judge?

My questions are as follows:

1) How do I get caselaw that is specific to a State or even a circuit court?

Thanks again Soc.

I live in VA, but FL has jurisdiction.

I recently filed an amended motion to clarify a modification to visitation. If you recall, I decided to file an amended motion because I specified the wrong physical address for the CP.

The CP ignored my original motion which was sent via certified mail. The certified mail was returned to me.

I then sent CP a copy of the amended motion via certified mail and standard postal mail as a backup.

Same thing, CP has also ignored the certified mail and it has been returned.

After doing plenty of research, I have determined that certified mail is considered reasonable notice in the State of Florida.

I have the following questions:

1) What happens to my motion since the CP refuses to do anything at all?

2) Do I have to file a motion for default if the CP does nothing?

Thanks Soc!!

Since the clerk is being generous, I am going to file an amended motion.

I used the opportunity to make my motion stronger with exhibits this time around.

If things don't go right I will ask for your help if that's ok.

Take care Soc!

Ok, I just found out from the Clerk of Court that sending a certified mail was proper service of my motion to clarify in their jurisdiction.

I was told that the judge always returns an order on a motion that he grants and that I would not have to create one myself.

Clerk also told me that the judge rarely takes the other parties physical address into consideration.

I was also told that I could amend my motion to clarify with the court and that if sent to her attention she agreed to waive the fee for a new amended motion, but suggest that I may want to let this one slide and see what happens and file an amended motion to clarify at no cost if the judge denies my motion for affirming an incorrect physical address for the other parent.

If I go the "amended" route, I am thinking of a combined motion to amend my motion to clarify and a motion to obtain the child's passport.

My questions are as follows:

1) If the judge grants an order would it still be enforceable if the judge doesn't notice the mistake and grants the petition/order, and ends up sending the order to the other parties wrong address?

2) Could I combine an amended motion to clarify along with my motion to take the child out of the country during vacations and obtain his US passport? Wouldn't this just be plain ol' "bad timing"?

3) Couldn't the other parent come back "real easy" if I don't amend and say that I affirmed the wrong address on the motion, even though I have proof that they ignored the certified mail? It seems like this gives the other parent an absolute defense.

4) If I elect to use an amended motion to clarify, couldn't I use this opportunity to strengthen my present motion with new facts e.g. CP ignored certified mail that contained initial motion?


I think we are close to solving this issue.

Thanks Soc!!

Thanks Soc, I will bring this thread back up to the top pending what the judge does.

I will try not to annoy the judge with legal wording.

Ok Soc, I understand and respect all that you have said. I don't want to beat this to death, but I am not clear on the need to voluntarily dismiss my motion to be effective. I am tempted to wait and see what happens.

Based on a reasonable probability that this motion would still be signed by the judge, my new questions are as follows:

1) What ultimately happens to the validity of my motion & order if the other party doesn't respond to the motion (for whatever reason, up to and including my certified mail "potentially" not being enough) even after I proceed to have the order served upon them?

2) If the judge grants my motion, and I serve a copy of the order on the other parent, does that in itself retroactively constitute service of the motion or supercede the potential relevance of my not serving the  initial motion on the other parent (if the need to serve this motion was applicable in the first place)?

3) If personal service was in fact required for this motion, but the other parent does nothing at all, does the possibility exist that my order could eventually go on to be effective if signed by a judge?


Thanks Soc