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Last year DH went to mediation with his ex to change visitation. She was only allowing him 2 weeks out of 12 for the summer, 1 week around xmas, and daughter's birthday weekend. We live in PA and she and SD live in FL. This is what the mediation statement says about summer visitation.

1. The parties agee to adopt the Escambia County Shared Parenting Schedule and Shared Parental Responsibility Statement...except as modified hereinafter.
...

B. Subsequent summer visitation shall begin on the 15th day following the last day of school prior to summer vacation and shall terminate on the 7th day preceding the commencement of the new school year.

This is the link to the Escambia County Shared Parenting Schedule.

http://www.stephentholman.com/CM/OnlineForms/SharedParental.pdf

Thank you for everything you have done for me
1. BM is claiming that she has the right to visitation in Fl with SD for July 4th weekend. DH beleives that the "except as modified hereinafter" statement means that he has all summer uninterupted. How do you see it?

DH has 6 consecutive weeks with SD each summer. He is required to let BM know the dates for those 6 weeks by April 1 each year. During those 6 weeks, the visitation schedule reverses so that SD is with BM on the days/times that she is with us the rest of the year. Also, during those 6 weeks, DH gets one week where SD does not go to BM's so that we can take a vacation. During the remainder of the summer, the schedule is the same as it is during the school year except for one week when we don't see SD since it is BM's vacation week.

Since my job is only 11 months and I'm home for a month each summer, DH always takes his 6 weeks with SD so that they overlap with my time off. This makes it so that I am home with SD for at least 4 of the weeks she is with us. Also, the kids and I are able to do more since I'm not working. This usually consists of day trips to waterparks, museums, etc. and we like that SD is able to be with us for these trips.

Needless to say, BM has a BIG problem with the fact that SD gets 4 weeks at home with me each summer. It irritates her to no end! In the last couple years, she has started raising the issue that we always take the same weeks each summer (beginning of July through mid-August) and this makes it so she can't take her vacation during that time. She has told DH that she feels she should be able to choose her vacation week whenever she wants and if it is during his 6 weeks then he can either start his weeks one week earlier or add a week onto the end. DH has asked her if there is a trip she wants to take that can only occur during his 6 weeks and her answer was that she isn't planning a trip but would just like to be home with SD. Note: in the 8 years that I've been with DH, BM has only taken SD one place during her vacation week...this was a one night trip to an amusement park. BM's summer vacation week has always consisted of them just staying home. And, now BM feels that she should be able to interrupt our summer weeks so she can sit at home with SD. SD plays summer ball and it is during the first part of the summer. BM has said that she is unable to just sit at home during her vacation week with SD because SD has ball practice and games. SD has missed practices and games in the past due to family plans, so it's not that these can't be missed if PB would choose to take an actual vacation.

SD is starting high school next year and will now have commitments this summer for her school activities. She will have commitments with band in July and August (a full week of band camp in August that will be during our 6 weeks) and she will also have commitments in July for volleyball. The band commitments are mandatory...if she misses band camp then it will count against her when school starts. Same for volleyball...if she misses the practices/etc. this summer then it will effect her playing time this Fall. DH has tried pointing these out to BM but she can't seem to understand it.

BM has threatened to file papers against DH with the court asking that she get to choose her vacation week whenever she wants even if it is during his 6 weeks. We do not agree with this request and will fight it if we have to.

Are we wrong? Is it wrong to believe that it makes more sense for us to have SD with us when one of us is able to be home with her? Why should we let PB take a week when I am home in the summer and then this would mean that we get a different week with SD when she would be at our house by herself? DH gets 6 consecutive weeks with SD each year...BM gets the other 46. Every other week...DH goes a week without seeing SD so, technically, BM could take a vacation at that time too.

BM insists that me being home during those weeks in the summer should not matter because it's "DH's time" and not my time with SD. She feels that since I am only a stepparent then my schedule and availability should not be a factor on the summer weeks that DH chooses.

Any thoughts on what a court would have to say about this? Does BM have a chance in getting her way on this one?

Dear Socrateaser:

I knew I would be writing again!
Withought you having to read the facts of this case again, I'll summarize. Years ago, my husband spanked his 12 year old son. Now, 5 years later, that spanking which was exaggerated all out of proportion, is being used to buttress (partially) a claim by his ex and his oldest son that my husband slammed this (now 17) year old kid into a wall.

My husband took and passed a polygraph, which we know the admissibility of is dicey. In any event, back when this spanking occurred, my husband attended an anger mangement class. The lady that ran the class told him he didn't need anger mgt but help in coping with an angry person (and she obviously didn't mean my husband). She is testifying as to lack of anger problem on DH behalf in upcoming hearing.

She intends to testify as to the tests used, etc., that led to her not diagnosing my husband as having an anger mgt problem. Here's the kicker. We recently found out, that well over a year ago, his ex had those records (the anger mgt counselor's records) subpoenaed. We're not worried about what's in the records, just about how they got into the ex's lawyers hands.

The ex was not litigating abuse at the time, just visitation denial in other matters (obviously, this has escalated). In other words, when the records were subpoenaed, there was no hearing or motion in support or anything. Bam, she just has the records, I guess because she thought they might come in handy?

 The attorney who did this subpoena,  did it 24 hours before a hearing unrelated to anger or abuse issues. We only knew about it because she (opposing counsel) had told our attorney "off the record." They ended up trying to litigate "anger" again, but judge wouldn't let them. It's been brought up 5 times now, ruled out each time

1.) Can she subpoena these records on her own?

2.) Don't judges have to sign subpoenas for medical and/or treatment records?

3.) If it is legal, how much time do they have to give the treating professional to hand over the records?

4.) Shouldn't someone have had to notify my husband or at least the treating counselor?

Thanks a million!

 

Soc,

Wife is currently driving a car titled in my name. The car is insured/registered (in NJ) etc in my name. Coverage extends to wife only if she's a resident of my household here in NJ. She's driving the car around in NY.

Back in late 2004 I attempted to take car off insurance. Ins. co. stated I had to turn in the plates to DMV first (NJ Law). When confronted with my demands for the plates back she refused. I offered to give her the car in exchange for the plates. I would sign over the title.

She never got a NJ driver's license. Now my Ins. Co. is demanding she get one and send proof to them. Policy is due for renewal on 5/7/05. They also want to know where the car is kept overnight.

In Jan 05 I told her I'd keep her on the policy til renewal time. After that she'd be responsible to get NY insurance. She agreed at the time. Now that renewal papers are here and the Ins. co. is demanding she get a license she's changed her tune. She told me to lie to them and tell them she still lived in NJ. I said fine but she'd have to come down and get a NJ license. She refused.

This morning I called her and informed her of the letter sent to me by Ins. co. I told her I'd bring the title up this weekend and she can get her own insurance. She agreed. Hours later she calls back and tells me that she has to OK this with her lawyer. I told her she's gonna get me kicked off my Ins. co. policy if I continue to lie to them.

She says she wants me to pay the insurance and she's got no money. I told her she's not eligible cuz she's not in my household anymore.

I am liable as the owner of that car if something happens such as an accident or even worse maybe a death resulting from her driving.

I don't want to get the boot from my Ins. co. as it's private insurance and rates are cheap. NJ is probably the most expensive state in the country for auto insurance rates.

My NY attorney suggested I pay for a 6 month policy for her in NY. That doesn't sit well with me.

1. How should I tackle this?

2. Should I contact my Ins. co. and tell them what's going on?
Ins. Co. did call last month to confirm she lived with me. I fibbed and told them she still was.

3. What about the liability of me being owner of the car?

4. Will I get nailed if I just drop her from the policy?

Ins. Co is demanding a response within 30 days of the letter they sent me on March 7th.

The car isn't even supposed to be used for commuting purposes either.

The car might be marital property but the plates are property of NJ DMV.

Here is what the Ins. Co. letter said.

"Of more immediate concern is our request for information concerning your wife, XXX. The records show that she contiunes to maintain a NY license. Therefore, we are writing at this time to ask that she contact the Motor Vehicle Commission as soon as possible to secure a NJ license and that you provide us with a copy of license immediately upon receipt. Also, please update our records by giving us copies of the registrations for all 4 cars which we insure for you, as well as confirming their overnight garage location and the exact use to which eachis being put"

"Your policy is due to be renewed on May 7. Under the circumstances, we would ask for your response to this request for information with 30 days of this letter"

TPK

Hi Soc.
CA.
Skids live in AK with bm, Dad lives in CA.  Co states kids will fly down during spring break for visitation.  Parents will split cost of the tickets.  Bm refuses to speak w/ Dad AT ALL.  They have not had a single word between them since she moved in Jan.  8 year old told Dad they are flying down on March 17th, but since bm will not speak to Dad, he has no idea what the itinerary is.  Dad has tried to discuss this with his attorney, she only said to record the call.  He did call bm today, told her call wasx being recorded and that he needs to speak w/ her about visit.  She told him to call her back in 5 min. and hung up on him.
His attorney will not return his call, he plans to fire the attorney ASAP since she has done nothing but drain him fiancially.  He will have to go pro se.

1.  Is bm in contempt for not cooperating?  
2.  What does he do if he gets no info by the 17th?

State : CA
Item : Divorce

Whats the difference between temporary spousal support and permanent spousal support?

Suppose a person has been paying temporary spousal support to his/her spouse and the divorce decree comes after 4 months of paying temporary spousal support.The spousal support length as determined by the court is 9 months , since 4 months have already been paid for does it mean that spousal support will continue for the next 5 months?
OR will the spouse pay for the next 9 months in addition to the 4 months?

regards,
sadboy

Soc,

I am in Pro Per in Orange County, California in a custody matter.

I have a few answering machine messages left by the respondent mother knowingly that I would like to submit into evidence.

One is of the mother say that our child is hers, all hers, she will tell me when I can see him and for how long I can see him, how she wants child support and when she wants it.

I think that the court needs to hear the tone of her voice and the controlling nature of the respondent so they know why I had to take her to court in the first place.

1. Can you please find me case law or anything I can notate to the court that shows that answering machine messages that are knowingly left are admissable in court?

Dear Socrateaser:

     Just a few more questions, please? By way of rmeinder, The mothers Ph.D is in cognitive psych. We have decided we ARE going to go with the polygraph thing (after we do one privately and pass, that is). I think the other party will object, which is devoutly hoped for. Here are a few other points and then questions. As mentioned, she has a doctorate in psychology and maintains her son was abused by my husband. Says he hit him in excess of 40 times. My husband says it was two spankings, in a short time span, one which was 4-5 swats, the other 5-6 swats. There were no marks, welts or bruises, just some residual redness several hours later. This is the abuse.

     She maintains the boy was abused, but has never sought counseling for him. Now, 5 years later, she says he "slammed" him into a cupboard. Didn't happen. Witnesses can attest to that and a polygraph can too. Not only did she not ever seek counseling for him, she sent him on two visits since he was "slammed" in December. No one (including her attorney) has called law enforcement or social services. Just the motion for no more visits.

     As I have said before, this is the sixth time in two years she has taken us to court. Each time, she asks the court to order my husband into anger mgt for the 1999 spanking. Each time the court has refused. We have ever seriously entertained moving for custody mod because we didn't think it was in the boy's overall best interest. Now, were not so sure.

     This woman is so litigious, that the last time we had to go to court, In Jan, 2005, it was less than 24 hours from the death of her mother. We did not know this at the time, but do now. Also,  in January, when the Judge noted the oldest was turning 18 in a few months, she said--out loud--"Thank God!" We don't know if the Judge notice or not, but he probably did.  We also have an email where she states "I don't care if they (the boys) see you (their Dad) or not.

1.) Couldn't she have brought an ex parte motion to halt visitation? If the anser is yes, isn't it her curious that she didn't?

2.) Isn't her attorney mandated to have brought this to the attention of law enforcement and social services?

3.) If the answer to #2 is yes, doesn't the fact that she didn't say something?

4.) Knowing everything that you now know, should we move to modify custody? We are only going to be in court forty-eleven times more over visiting them, if we are still allowed visits.

5.) Am I correct in thinking that she has undermined her own abuse allegations by allowing visits (2) since the latest "abuse" episode in December?

Thanks so very much, again

Hi Soc,

My CO is in SC and I live in CA.  I have an outstanding balance owed in arrears that I want to offer a settlement to my ex.  Is it possible to offer less than what CSE says I owe, if my ex agrees to it and have the arrears cleared up through the court?

I pay CS through the courts in the form of a money order every month, as I own my own business.  


Thanks,

Olanna

I love this site and am glad I finally ran across it.  Ironically, I did so much pro se stuff for my husband (& for myself but mine wasn't messy) that I landed a job as a legal assistant.  Of course in legal aid we did not cover criminal law so I am stumped on something.
Husband's ex decided she wanted her new husband to be dad of their 5 year old (other child with us, still court proceedings, ugh)  She changed her name on school records etc to reflect stepfather and while we are preparing a motion for custody and amendments right now, it seems that unlawful name change is a criminal not a civil issue.
I found a small section in the Virginia Criminal Code on this but no info on what we need to do legally.  His daughter does not even know he is the father (paternity done) and he is not allowed to speak to or see her.
Do you know where I need to go to find the forms?  Already sent FERPA letters to schools which we think she is at but mom told them her husband adopted the child and they are not cooperating yet.  Hopefully the FERPA letter will straighten this out.
KC

I've posted this on the CS board before, but would truely appreciate your opinion too.

DH is responsible for 100% of uninsured medical expenses. The orthodontist is sending him bills directly.

He never signed a consent form, or a guarantee of payment. The bills that are coming from the Dr's office are nearing $1000.

I'm finding this wierd because my MN CS order states that it is up to me to pay the bills, them submit a receipt of payment to the NCP. If I don't get payment from NCP in a month, then I submit the receipt to the CS office, where it is added on to NCP arrears.

We can't afford this, and it would be much easier for her to pay them, then have it added on to the arrears, so we can make payments.

1. Isn't the process for collecting uninsured med expenses the same across the board? or,

2. Does he have to pay these doctors directly?

3. Is it legal for them to bill him directly even though he's never been to their office and signed anything?

4. Since we don't have the money for this, and can't pay, will the orthodontist refuse to see the kids until payment is received?

5. Can the orthodontist send a collection agency after us?

6. If we pay the doctor, can she get a receipt and submit it to the CS office and make us "double-pay"?

Thanks Soc..

MY ex and I just went to court on his back CS..he has not spoken to his daughter in over a year..told her he would not talk to her because mom was trying to put him in jail...


We had an issue with the last visitation ( over a year ago ) where he was smoking pot in front of daughter and she came home and told me about it..I wrote him the following


" I know I have absolutely no control over what you do in your home, However we have a bright beautiful 12 year old child who is ADHD and believes her Father can do no wrong, She has told me you were smoking pot in front of her and I would like to let you know that I feel you are setting a very bad example for her"


so today I got served with a MTA the order asking for visitation portion to be changed from reasonable visitation a specific visitation yet nothing is stating exactly what he wants...he stated on MTA "Mother will not let visitaion stand"

since he has an attny and I do not should I send an offer until the hearing or just wait ..he has  made no effort to call or ask for anything..and I have no number to reach him

Soc,

Still no word from the judges yet on jurisdiction.


There is a person I know who is wanted in another country for a horrible crime. This person is somewhat involved in my custody case (not on my side). The information I have is solid. I would like to bring this up at the custody hearings but I don't know if it would be considered slander.

1. If I bring this situation up regarding me not wanting my child around this person, is it considered slander?

Yes it seems vengeful, but I know if I was the person in question they would use it against me.

If you'd like to hear the facts on this issue, please do email me.

TPK

Dear Soc
             We live in NJ and have shared custody of our children. In child support agreement ex wife is responsible for 1st $250 of out of pocket medical expenses , then we split them 50/50.
Our son now has a $2000 ortho bill. We had 2 options to pay. The 1st was 1 year at no interest, and the 2nd was all up front and save 5%. I told my ex wife twice, and did not have $1000 right now, and I wanted the 1 year no interest plan. When it came up that come 2005 she will still have to pay the 1st $250 of out of pocket expenses she got angry. She then went out and paid the full amount to avoid paying the $250 out of pocket medical in 2005 all on these braces, and is now demanding the money from me. I told her I still don't have the money, and that I would pay her monthly, my portion, just like I told her I wanted to do in the 1st place. I felt just because she went out and spent the money, knowing I didn't have, it didn't oblige me to now pay it all to her. She has now filed a motion in court to get all her money.

Is the judge likely to tell me I owe it all to her now, or am I correct in what I say, that I'm part of the decision making process with our kids, and she deliberately went out and spent this money knowing full well I didn't have the $1000 to pay up front, and that offering to pay her monthly will be ok?
Thanks

Soc,


My wife took our infant daughter from the marital residence (NJ) and the child's home state (NJ) to NY. I have filed for custody in NJ which is scheduled for 12/17. It is a show of cause seeking custody hearing.

 While waiting for the NJ hearing, wife started a child support case in NY. I sent many letters to the magistrate stating the NY hearing should either be cancelled or postponed til the custody issue is resolved in NJ. This made sense to me so we wouldn't have 2 states running hearings that should all be in NJ.

1. Should the support hearing be in NJ??


 The support hearing in NY is 12/15!. The magistrate denied my request for an cancellation stating "support jurisdiction and custody jurisdiction are not the same"

 I have not seen my daughter since Aug 29th because my wife has secreted herself and the baby (making it impossible to even send any support). This is insane. My wife wants my money but doesn't want me to be a parent??


I plan to do the NY hearing via phone, so I don't have to travel. Magistrate said I could bring up any jurisdictional issues at the NY hearing as to why NY shouldn't hold the hearing.

1a. What jurisdictional issues or any issues should I bring up??

The marital residence was NJ, health coverage is still in NJ only. The only reason there is a hearing in NY is because my wife removed her to NY against my wishes.

2. Does my wife have to disclose a financial statement herself??

I am aware she has over $150,000+ in her accounts which she will probably omit. Lucky for me I have some of her bank statements with one showing $850.00 interest for one year on a simple savings account.

3. How much money would bring that kind of interest??

She pays no mortgage, no car payment (driving my car), no auto insurance (I'm still paying it), no healthcare (I'm still paying it) her overhead is practically Zero.

4. Will the NY court consider her Zero overhead??

She hasn't worked since the baby was born 4/11/04 but did apply for a job here in NJ in late August of which I have copies of (Job Application).

5.Should I send any financial info I have on her to the NY court along with mine??

6. Is it not legal to send that job application being that it is not public info and was obtained by subpoena??

7. We requested a Psych Eval on my wife (in NJ) due to her bizarre behavior, will this blow up in my face??

8. She never requested support by phone, mail etc...does she have to??


Yes I have lawyers, but I'm looking for opinions here from other people.

Thanks for listening, the legal system can be a painful crawl.

TK

Order is in the Commonwealth of Pennsylvania, The order says unreinbursed medical expenses tht exceed 250.00 annually per child are to be paid as follows:  60% defendant and 40% plantiff.. The plantiff is responsible to pay the first 250.00 annually per child.  

The plantiff receives child support and also supplies the medical insurance.  Father needed child added to birth certificate to add to his insurance.  Plantiff is now asking for us to do that.

Questions:  

If Father put's child on his medical, is that a reason for modification of the support order?  Support order is one year old, this November.

If Father put's child on his medical, is the Father now obligated for the first 250.00 annually?  Or is the first 250.00 annaully per child for the parent always receiving support.  Mother feels if she has Father put child on his medical he now has to pay the first 250.00 annually.  Where Father feels, it is the parent that receives support that has to pay it.  

Thanks

Dear Soc,

I hope I do this right...The state of residence is FL, who has jurisdiction in our support case. Support payments go to state of Texas for BM and child.

History:

March :::::: Dh files for c/s modification in FL
May ::::::    Court date - BM ignores - judge deviates from guidelines; lowers support. Orders support to terminate on 7/05. BM flees with Child.

June ::::::    TX intercepts Federal Tax return - $4542.19 - (Arrears owed $3648.12)
July ::::::     Modified Order sent to TX, retroactively reduced. -- $3648.12 credited. TX CSE confirms to have no active address for BM since April. Referred to Parent Locator Service. P.L.S refuse to assist Dh, because he showed retroactive arrears. Claims modified order was still in review.

September ::::::  Overage payment $894.07 -- also -- sent to CP
November ::::::    Arrears $941.64  - ( $894.07 not credited)
               Tx sends intent to report $874.16 to credit bureaus.
               Tx send (IDO) income deduction order, raising support $45/mo.

Dh calls caseworker. Requests to have this money credited, the new IDO removed from the file, as well as the removal to report the inaccurate balance to the credit bureaus. Caseworker states IDO would remain, the balance, though inaccurate would be reported and this money could not be credited because this office mistakenly sent the full amount to CP.

Caseworker's resolve: Recoupment letter is being sent to the CP in order to recover the overpayment. We must wait 6 months, possibly longer for this office to recoup the money that they mistakenly sent....While dh remains penalized with the IDO/ Report to Credit Agency due to TX's mistake. Parent Locator Service will not assist.

Questions:

1. If we request a hearing, like Tx says to do, and contest both the IDO and Credit Reporting; Can Tx change jurisdiction to their state, from FL simply because we respond to the letters and request a administrative review/hearing through their state?

2. Any advice?

3. Please clarify if we are entitled to a credit?

TX § 154.014. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT. (a) If a child support agency or local child support registry receives from an obligor who is not in arrears a child support payment in an amount that exceeds the court-ordered amount, the agency or registry, to the extent possible, shall give effect to any expressed intent of the obligor for the application of the amount that exceeds the court-ordered amount. (b) If the obligor does not express an intent for the application of the amount paid in excess of the court-ordered amount, the agency or registry shall: (1) credit the excess amount to the obligor's future child support obligation; and (2) promptly disburse the excess amount to the obligee.

Thank you, Soc!!

My son was given custody of his boy by his ex-girlfriend nearly 3 years ago. The boy has been living with me and my husband (son's dad) for about 6 months. I consulted an attorney about options re: guardianship, custody, etc. He said the best option would be to have the parents both agree to changing custody to me and that he could draw up an agreement (not sure if it's gonna happen, but...).

I presently have Power of Attorney through the new Ohio law which is signed by both parents and filed with our juvenile court.

1. If this were the case, would this attorney be representing the parents, or me?

2. And if it's the former, this would mean I could not use him in the future for custody matters, correct?

3. Would this mean I should use a different attorney to write the agreement?

I would use this guy if given the choice, I'm told he is a bulldog and is so professional he doesn't communicate by phone or email (it's not secure or private enough).

Thanks in advance, hope you're enjoying your holiday.

Soc-

If both legal parents to a child are active duty military do courts normally deny a change of venue request?

Arizona has jurisdiction over my current court order however my daughter has been living with her father in Kansas for almost two years.

In a few months I'll be exiting military service and would like to know if her father's active duty military status will prevent me from having a petition for a change in venue considered by AZ or KS law.

Hi Soc,

Santa Clara County, CA

BM and DH stipulated (filed) agreement states that BM is responsible for 50% of the children's private school tuition.

Exact Text from Agreement:
**Effective November 2003 the Mother shall reimburse her share (50%) of the Private School Tuition directly to the Father.  The Father will provide a payment schedule for the current school year to the Mother within 1 week of the effective date of this agreement and at the beginning of every subsequent school year to the Mother.
**

Schedule for this School Year was provided via US Mail Delivery Confirmation on July 21, 2004.  It contains the due date and the monthly payment amount she is to make.  (We tried sending Certified, but she doesn't pick them up)

I noticed on the Garnishment form there is a space for "other".

1) Could we garnish BM's wages for the Tuition reimbursement also?

2) Would we need to have the agreement modified to include the amount she is responsible for?  (This amount changes from year to year)

3) If it is possible to garnish her wages for the Tuition reimbursement also, what documents would we need to provide to get the garnishment signed by the courts?

Thanks for all of your help!!!
FTK

BG:

OLD (OLD!!) Arrearage ensued due to MD DCSE not doing their job.
8/00 Judge finally ORDERS them to be "the controlling and enforcing authority in this case" and for me to pay $24/wk toward arrearage until PIF.  Last payment this month.

DE DCSE claims I owe THEM $1200+.  Sieze tax refund years in a row, finally refund to me each time.  Refuse my repeated, notarized written requests to contact MD and straighten it out.

MD DCSE contacts DE, DE refuses to cooperate.

Just got another notice -- they plan to sieze taxes AGAIN.  Sent it to MD requesting their assistance, they declined to become involved again.

QUESTIONS:

(1) When order issed by state 1(MD), where (alleged) obligor still lives, Doesn't Fed. law govern what state 2 (DE) can do?

(2) When State 1 (MD) is ordered by judge to be "the controlling and enforcing authority in this case" can they legally decline to get involved when State 2 (DE) oversteps their bounds?

(3) Any suggestions?

Thanks!!

DD

I recieved from my ex (how lives in FL) a motion to modify child support from her IL attorn.  IT is the same one that represented her in the custody case.  From his letter it was very clear that they do not want it to go to court as he stated "he was sure we could amicably work this out as it is a matter of calculation and NOT take it to court".  

Obviously, who would want to drive 2000 miles round trip!  I called my ex to see if we could go to an agreement or else I will hire an attorney and try to get a deviaiton due to having my daughter for more than 1/4 of the year. (during those visits).  

SHe stated, "I have no idea what you're talking about"  "I do not have an attorney in IL"  Let me call you back after I talk to my dad.

Obvisiously, it was her father's doing.

1.  Any legal action that could help me in court showing that it is all her father and not her?  

You reveal far to much personally identifiable information for me to permit your post to remain on this site.

If you choose to repost your message, please observe the mandatory forum guidelines linked at the top of the page.

Thanks for your cooperation.

II was divorced in one county.  I have since moved one county away.  My XW and child still live in the county in which we divorced.  She has filed a Contempt on my CS (even though it is my employer not paying the correct amount) and a Motion to Modify the CS in the same court we got divorced in.

I was served the rule nisi in the county in which I live for the other county's superior court.

1.  Is this correct procedure shouldn't she have filed in the county in which I live now?

2.  If so and she files in my county can this court find me in contempt since this was not the court or county in which the order was initiated?

3.  For a modification doesn't she have to file in my county under a new case?

Thank you so very much.

TX case

I'm operating under temporary orders since June 9.  Final hearing set for Oct. 24.  Motion to modify set for Sept. 7, considering temporary orders were signed into place without my lawyer present and basically, by omission, didn't reflect what judge ordered from bench (you've responded to this in prior email).

These are the items where my STBX has specifically disregarded the injunctions listed in the temporary orders (that were proposed, submitted and signed by judge by her own attorney):

The parties are temporarily enjoined from:

1)  "incurring any indebtedness, other than legal expenses..."
     --I can prove that STBX has obtained credit cards during this period

2)  "opening or diverting mail addressed to other party"
      --I have an audio recording and proof from the individual that sent the information to me that the mail was sent specifically to my attention; STBX admits she opened it, claims she may have lost the envelope and responded with "sue me" (recorded on tape) when I questioned her.  This info contained personal financial info.

3)  "removing the children beyond XXX county, acting directly or in concert with others."
     --I believe this was a mistake by her attorney.  Nonetheless, considering that they listed this in their own proposed set of temporary orders and had it signed into place, she is violating this (I have lots of proof) because she didn't specify that they shouldn't be removed from the county for purposes of residence.  My attorney couldn't figure out if they meant to do this to try and restrict me or if they messed up.  Nonetheless, she's in violation (repeatedly).

4)  "it is ordered that STBX shall continue coverage until July 2, 2004"
     --I went to take the children to their pediatrician on June 29, 2004 and found out the insurance had been canceled for non-payment.  I have lots of written proof.  Despite the Court's orders, we did not have insurance until my Court-ordered insurance kicked in.

5)  "withdrawing the children from enrollment in school or day-care facility where they are currently enrolled"
     --we have used the same nanny for three years (in lieu of a day-care facility) and she recently fired the nanny (who had reduced her pay to $5/hour to remain as the caretaker for the children).  I have proof of the nanny's attempt to convince STBX that no childcare arrangement would be more affordable than her reduced hourly rate.


Questions to you:

1)  Considering that I have documentation and multiple sources of proof that would prove perjury if she denied any of the "infractions", how much weight does the Court usually give to violations of the injunctions as listed above?

2)  I have multiple recordings that show STBX as flippant and arrogant regarding the Court's orders and her disregard for such.  In your experience, does this have an impact on the final outcome?

Hi, Soc!
So, the GAL already came and is in the process of preparing her report and recommendations on hubby's custody suit. We've also gathered new evidence which was shown to the GAL but was not filed with the court. So........

1) Once we receive the GAL's report (assuming there's no need to file exceptions) what do we do next to get the show on the road?

2) if we need to request a hearing, do we have to file the new evidence we've gathered with the request in order for it to be heard in the trial or how do we do it?

3) At what point do we subpeona witnesses (expert or otherwise)? I mean do experts get more of a grace period or something in case they want to fight the subpeona or whatever?

4) Is it a good idea to file some sort of brief and with that brief the evidence?
Thanks again!
SM

Please start a new thread...the old one is too long, even after I deleted a number of entries.

I cannot easily accomodate your request below that we file a motion to get evals done. Usually, this custody stuff has lots of particular local rules and I don't know what TN law requires. You need an attorney who knows the paculiarities of the judge, and what he's likely to order.

I told you earlier that the jurisdictional motion was intended to stall things off while you find a new attorney, and that's what you need to do.

However, if you want to try more pro per action, then I will need to see the TN statutes and trial (i.e., uniform, local, etc.) court rules regarding child custody proceedings before I can come up with a game plan, and frankly, I don't have time to find them and read them.

I'm not trying to learn TN law, not that it wouldn't be a lovely place to live or anything...stayed at the Peabody once upon a time...nice place.

Currently all parties live in WA state and in the county of Pierce.

The situation is this;  SO is going back to court with ex, because she wants more money for child support.  She refuses to get a full time job, because she knows that the will decrease her ability to get more money out of him.

Recently while looking over their legal documents, we realized he has been over paying her $200.00 a month for the past 3 years. She claims that it is for day care, but the daycare expensises were already figured into the cs. Our lawyer saw this from the start.

My questions are; how do we go about getting that money back or can we?  And can that    be taken into consideration if we do end up in front of a judge for cs increase?

Thanks

I'm in need of some help.  A few weeks ago, I went to see an attorney to file divorce papers on my husband.  He agreed to take the case, get the papers ready, and have me come back the next day to sign them.  Meanwhile, my husband goes to the same law practice and sees a different attorney.  I called the office to see what would happen now.  My attorney said he would speak to the other attorney and figure out what to do.  Days went by, and I heard nothing.  I left messages, and nothing happened.  Then my husband attacked me, I fought back, mistake, because we both went to jail.  We bonded out, and had a no contact order on each of us.  My husband has violated this several times, and has threaten myself, my family, neighbors, just about everyone.  We went to court, and I had gotten someone else to be there for me (attorney).  I wanted this to go nicely, and the attorney said he would get mediation for both of us, since my husband didn't have an attorney.  Since the court date, my husband continued to be hostile and I as well as others got an EPO.  Now I finally got through to the first attorney's office, since the attorney I had gotten felt threaten, and didn't want the case, don't blame him, I wouldn't either.  Come to find out the attorney that saw my husband is going to represent him, and I never heard anything from the attorney I saw at that practice.  He never called me, never gave back all the paperwork, and I just feel like I got the shaft.  I'm new to the legal system, and boy do I need to wake up.  Wouldn't that law office be considered unethical? Is there any way I can file a complaint, or should I just leave it alone.

Dazed and confused!!!!!

HI,
My husband's ex was recently married, and she is telling my stepson that her new husband is his new dad. She also said that she wants to change his last name to be hyphenated with my husband's last name and her new last name. She has sole custody, my husband only has visistation (every other weekend). Can she legally change his name without my husband's permission? My husband and my stepson have a relationship, and always have... it just doesn't seem fair for her to make this decision when the child is only 3 years old!