Messages

>We are scheduled for a motion hearing for child support
>enforcement, on the 18th.  It was first heard in front of a
>magistrate, but there was a technical difficulty and they
>needed to reschedule it.
>
>Now we are scheduled to go in front of our original judge, who
>is not that friendly and who knows how he will rule on this.
>It is strange to us that this is being heard in front of a
>district court judge instead of the magistrate.
>
>The motion is  being heard in a county that neither party
>resides in anymore.  We are the custodial parents and have not
>lived there for over 2 years and now the ncp has not lived
>there since June of this year.
>
>1. Is it possible to put in for a motion for a change of venue
>BEFORE the new hearing?

You should have moved for a change of venue as soon as the support action was filed. If one of the parents has moved since the action was filed and only now do both parents and child(ren) live outside of the jurisdiction, then that MIGHT be grounds for a change of venue, but I wouldn't bet on it. It's up to the judge.

>
>2. Do I have to wait until the motion is heard in front of the
>judge to ask for a change of venue?

No, you can file a motion now.


>
>3. Can I just tell County A that we want to move our case from
>County B and let them do what they need to do and then
>withdraw or motion for it in County A?

Nope.

>
>Sorry if this is confusing...Thanks for anything you can give
>me.

I don't know the specifics of MN law, but per your statement that the custodial parent's income is not considered for the purposes of calcuating support, this may or may not forclose the issue.

There MAY be MN caselaw that mandates both parents work if they are reasonably able to do so, however, I don't have time to research the issue for you.

As far as this child support being actually spousal support, that argument has some merit in a situation where the custodial parent refuses to work and has no other sources of income. However, in order have the court declare some portion of your payment as spousal support, a support modification action must be pending, and I don't know if you have grounds for this currently.

Would you win such an argument? Without an attorney, I'd say your odds are effectively zero -- with an attorney, well, who knows? There may already be caselaw on the issue in MN. You'll need to reaserch it yourself or ask a local attorney.

Apparently, I didn't communicate properly. Your notarized affidavit is objectionable as hearsay unless the witness is present to testify at the hearing. You can use the statement with a motion, but without the author's presense at the hearing for examination by the other party, that evidence will not be considered, if the other party objects timely to its admission.

So, you MUST have a subpoena, or you ware wasting your energy.

You're not strongarming anyone. In order to guarantee a party's appearance you need a subpoena, otherwise if they don't show, the court won't grant a continuance.

:)

There is simply no better holiday gift than being told that I am valueable to you.

>OK, first off, I do know about hearsay and the admissability
>of written statements into evidence. I do believe however,
>that I will be able to do this under Missouri's Residual
>Exception clause.
>
>In my motion, I'm stating certain allegations. The "proof" of
>these will be written statements from the children's teachers
>and counselor attached to the motions as exhibits. I had
>E-mailed YDD's teacher and explained to her what I wanted. She
>was more than happy to do it, and said that she was going to
>print out the E-mail and show it to the other teacher and the
>counselor, but that she thought they'd have no problems doing
>so.
>
>Yesterday, I received an E-mail back from YDD's teacher. This
>is part of what she wrote...
>
>"I'm so sorry it has taken so long for me to respond. I spoke
>to Mrs. F (*the counselor) and she said Mr. T (*The
>superintendent) said to get some paperwork from your lawyer
>before we write our letters. I do not understand the reason,
>and personally if we were subpeonad (probably spelled wrong)
>we would have no choice.
>
>Sorry for any delays. Let me know what you can do next.
>
>Mrs. B (*YDD's teacher)
>
>P.S. Please be aware that Mrs. H (*my son's teacher) and I
>were ready to type you a letter when Mrs. F told us this."
>
>Now, since I'm pro se, I have no lawyer for them to get
>paperwork from. :-(
>
>My question is:
>
>1.) What type of "paperwork" could the superintendent want? (I
>did E-mail YDD's teacher back and ask her this question, but
>have gotten no response thus far.)

A subpoena duces tecum, probably.

>
>2.) If you are able to tell me what Mr T. "might" want, could
>you also give me an example of how to word it? :*

Get a subpoena duces tecum in blank from the court clerk. You need the clerk's seal to officially compel a response from the school. If the court document isn't in a useful format, you can attach other instructions.

Basically, you tell the school and the employee to appear and testify at trial and to bring all of the records related to their testimony. Your request should be specific as to the records, and you can request that copies of the records be forwarded to you in advance of  the hearing.

As far as getting a written statement from the employee, you can state that the reason for their appearance is the result of their assertions that such and such has occurred, and that you request that they sign a notarized, affidavit affirming those statements prior to trial.

If they refuse to do this, then think twice about calling them as a witness, because they may turn out you at trial and you will have no means of impeaching their evidence.

>Dear Soc,
>
>     I am in Iowa, not sure if that helps or hinders me, in
>getting an answer from you.  But I will try anyways, even if
>its a basic answer, that would be great.  So here goes.
>
>1.  What are the grounds to obtain a TRO, on behalf of the
>child, against the other parent?

You must show that you or the child will suffer great or irreparable harm if the TRO is not granted.


>
>2.  What happens after you file the nessecary papers to obtain
>this TRO?

You must obtain an ex-parte hearing with the court (one party present). You give your testimony, and the court issues and order for the other party to appear and show cause why the TRO should not remain in force. Another hearing is scheduled to occur within 21-30 days. If the other party successfully challenges your motion, the TRO is set aside, otherwise it remains in force until final judgment, or until further orders of the court.

>
>See, just basic questions, but I am in need of the answers.
>
>
>Thank you so much,  Lissa68
>
>    

>Thanks Soc.  One other thing though...
>
>1.  Does it matter at all if I can prove, I mean seriously
>prove, that somebody or some people lied in court?  Or are you
>saying that the findings are final, and that I can only agrue
>how those findings were used with regard to the law, not the
>findings themselves?  (I understand the discretion thing, I
>think, e.g. sexism in this case, ugh.)

If someone materially falsifies testimony, AND "but for" the material falsification the court would have ruled differently, then you can move to set aside the trial court judgment. Furthermore, you must show that the evidence of the lie could not have been exposed through diligent use of the standard discovery process during the course of litigation, i.e., the evidence, must not have been reasonably knowable until after final judgment was entered.

This is not an appeal. You are moving to set aside on grounds that a fraud against the court has been purpetrated.

>Dear Soc,
>
>I haven't posted on your board in quite some time now. We won
>full custody of my DH's 3 children a little over a year ago.
>The BM was awarded every other weekend visitation. My DH was
>awarded a "bank" of time; he may take any or all of BM's
>visitations away from her with the exception of X-mas and
>Mother's Day, because of the 2 years she withheld the kids
>from him. She also went to jail for perjury...sentenced to 10
>days in jail, but only served 5. She is on probation for
>another year. During her 2 yr probation, if she fails to
>strictly comply with any CO, the balance of the 10 day
>sentence shall be immediately imposeed.
>
>She is in contempt for failure to comply w/COs in regards to:
>
>1. She has not sent us copies of her W2s, 1099s and entire
>income tax return for the year 2002.
>
>2. She has not paid half of the uncovered medical bills,
>totalling up to $705.23 (her half).
>
>3. She has an arrearage of $1,578.97 in Child Support since
>Jan. of 2003.
>
>If we do not recieve her income tax returns, etc. for this
>year, we plan on filing Contempt of Court. Could you give me
>your opinions on this?

You can't get blood from a stone, but I would send her a letter asking her to abide by the requirements of the court's orders, and, if she cannot, that she explain why. If you don't receive and adequate or timely response, then file for contempt.


>
>Also, could we use the fact that she lied to CSE and got her
>income tax check sent back to her? CSE screwed up and took her
>word for it that she had paid her arrearage in full and they
>sent her check back to her. They did not read the CO's,when it
>plainly states in the CO that what she paid (1,048.26) was for
>atty fee's and NOT for cs. Could we use this against her?

Based on your facts, I don't think you need any of this additional evidence. The requirement of contempt is that an valid and enforceable order exists, the contemner has knowledge of the order, and the contemnor willfully failed to follow the order.




>
>Sorry it was so long. Thanks!
>
>
>

>I got my findings in; basically what the judge did was accept
>everything my ex said and discounted everything that I said.  
>I will share details with Soc and a few others I know, but
>can't just toss it out there right now for a few different
>reasons.
>
>My question though revolves around time frame and process.  I
>have 30 days from Nov 18th to appeal.
>
>1.  What can I appeal?

You can appeal any final individual order of the court or the entire judgment.

>2.  What can I not argue in the appeal

You can argue, that based on the evidence/testimony on the trial court record, that the court ruled incorrectly as a matter of law, or that it abused its discretion in ruling against you.


>Thanks and advance ;(