if my husband claims his two children and we file jointly, would i be able to get financial aid for school based on having two kids, even though they are my step kids?
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#52
Visitation Issues / Re: verbal visitation agreement compromised
Sep 07, 2009, 05:27:58 PMQuote from: mastracci on Sep 07, 2009, 10:12:29 AM
I may have missed something, were they married and now divorce? Or, never marrie? If they got divorced there should definately be an orer that covers custody and parenting time. the 182-183 calculation is for child support calculations and really does little if anything to resolve "Time sharing" issues. Before there can be a modification of custody there needs to be an order in effect to modify. If there is not youshould file for sole legal and sole physical if that is what you thingk is best for the kids. You might also want to send her a copy of Stop Fighting Over The Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations. Best of luck, Mike
never married, and always agreed on their own to the same parenting time schedule, but the only piece of court paper that has anything about custody states "Petitioner and Respondent have physical and legal custody"
#53
Dear Socrateaser / Re: notarized letter
Sep 06, 2009, 04:14:52 PM
what about just to make a statement like "the father has been involved with parent teacher conferences, school parties and functions" ?
i understand what you said, and that makes sense.
i understand what you said, and that makes sense.
#54
Dear Socrateaser / notarized letter
Sep 06, 2009, 02:43:35 PM
can a notarized letter be used in place of a physical witness?
#55
Dear Socrateaser / affidavit
Sep 06, 2009, 11:24:42 AM
if you fight a PPO and win based on the fact that is is lies, will the person who wrote the affidavit get in trouble for lying or will they just ignore it?
#56
Custody Issues / Re: I got a lawyer... free!
Sep 05, 2009, 06:30:44 AM
that is great news, wish we could too
#57
Father's Issues / Re: lying on a PPO affidavit
Sep 05, 2009, 06:16:48 AM
In response to mixedbag
"No PARENTING time order? So dad and mom have been cooperating UNTIL Mom lost this last round in court which was to move the kids to a different school?"
that is correct, their schedule has gone on without much incident for 4 straight years, and during their breakups the previous 3.
"I wouldn't go for contempt -- because you said "NO visitation order" -- so if there's no order, she can't be found in violation of an order."
no, SHE said she was trying to go for contempt. along with threatening about kidnapping, her accusations kept coming, we know she is trying to get him to DO something so they have something bad on him.
"But back to the PPO....When I was served with it, I was also given a court hearing date. Until then I had to abide by the order signed by the lower court. At the hearing, his request to make it permanent was denied. His lies and the rest of the truth was exposed."
She did it ex parte, and got it on wednesday (a day she refused to pick up the kids) and on thursday she was here and didnt serve it. convient we didnt get it until friday at 9pm, right before a long weekend. it says that my husband can get a hearing on it at the bottom of the page and he has 14 days to do so, so by tuesday that is more like 10 days, we know she waited on purpose so that he wouldnt have time to go file before the weekend, and right before he is supposed to get the boys back.
"I would also suggest that you consider filing a PPO yourself -- mutual PPO -- and then when parenting time gets defined, suggest/ask for neutral exchange locations that are under a video surveillance camera. You might even be able to get this ordered when/if there is a hearing for the PPO."
interesting you say that, when my husband called the police wednesday night, saying he didnt want to go drop them off because he has been threatened by her husband, the officer said to call friend of court in the morning. He did so and she told them they will file a paper in his case about the past weeks incidents. he wrote about what happened, then he also wrote that he would like a neutral meeting spot. he made that paper work out almost 12 hours before he was served the ppo, can this help prove that she is the one lying? and why would scott call the police on the way to her house saying he was afraid of conflict? and why would he call the police on wednesday when she wouldnt pick the kids up? if he was really threatening her so much that she is scared for her life, why would he call the police and ask their advice? to us it is obvious that she is trying to get him in trouble because of the court loss.
"No PARENTING time order? So dad and mom have been cooperating UNTIL Mom lost this last round in court which was to move the kids to a different school?"
that is correct, their schedule has gone on without much incident for 4 straight years, and during their breakups the previous 3.
"I wouldn't go for contempt -- because you said "NO visitation order" -- so if there's no order, she can't be found in violation of an order."
no, SHE said she was trying to go for contempt. along with threatening about kidnapping, her accusations kept coming, we know she is trying to get him to DO something so they have something bad on him.
"But back to the PPO....When I was served with it, I was also given a court hearing date. Until then I had to abide by the order signed by the lower court. At the hearing, his request to make it permanent was denied. His lies and the rest of the truth was exposed."
She did it ex parte, and got it on wednesday (a day she refused to pick up the kids) and on thursday she was here and didnt serve it. convient we didnt get it until friday at 9pm, right before a long weekend. it says that my husband can get a hearing on it at the bottom of the page and he has 14 days to do so, so by tuesday that is more like 10 days, we know she waited on purpose so that he wouldnt have time to go file before the weekend, and right before he is supposed to get the boys back.
"I would also suggest that you consider filing a PPO yourself -- mutual PPO -- and then when parenting time gets defined, suggest/ask for neutral exchange locations that are under a video surveillance camera. You might even be able to get this ordered when/if there is a hearing for the PPO."
interesting you say that, when my husband called the police wednesday night, saying he didnt want to go drop them off because he has been threatened by her husband, the officer said to call friend of court in the morning. He did so and she told them they will file a paper in his case about the past weeks incidents. he wrote about what happened, then he also wrote that he would like a neutral meeting spot. he made that paper work out almost 12 hours before he was served the ppo, can this help prove that she is the one lying? and why would scott call the police on the way to her house saying he was afraid of conflict? and why would he call the police on wednesday when she wouldnt pick the kids up? if he was really threatening her so much that she is scared for her life, why would he call the police and ask their advice? to us it is obvious that she is trying to get him in trouble because of the court loss.
#58
Father's Issues / lying on a PPO affidavit
Sep 04, 2009, 07:35:04 PM
My husband just won in court on August 28th to keep his children in their current school district. My husband's schedule is Saturday 10am-2pm through Tuesday when he drops them back at mom's at about 7:30pm. This has been their schedule for more than 4 years. August 29th, BM would not let the children leave with him and both BM and my husband called the cops. There is no visitation order so the cops couldnt make the kids come with my husband. That same day BM"S husband threatened my husband and put his fist up to him without actually striking. He has done this type of stuff in the past.
Tuesday BM came to pick up the boys early. My husband said no, its not time. She told him she would hold him in contempt of court (which she cant do, no order). Later that night my husband called her to say she could pick them up, she refused.
Wednesday we took the boys to their school;s open house. She called and said if we arent at home at 5:15 she is calling for kidnapping. He told her we were at the open house and it could be 5:15 or 5:45. She got pissed and hung up. We arrived home at 5:25, she was not there waiting. No one would answer any of their phone numbers. Scott called the cops to ask what he should do since he was afraid of her husband making conflict if he went over there. The police said he has done nothing wrong and that he should not bring them over. Finally the oldest son got a hold of BM and she said she wasnt going to pick them up.
She picked them up on Thursday morning with no incident.
Today, Friday, she has served him with a PPO. It says stalking and that she is afraid of him. She lies on almost every statement on this form. Her husband also made a statement and lied too. We can prove some of the details, she cannot prove any of them. It is illegal to lie on an affidavit, correct? What can we do about this? My husband made a complaint against the husband months ago and on Wednesday when he called the police he told that officer he had been threatened. BM and husband are saying that we are doing it. Can we prove that she is lying? OR that she is doing this because she is mad and trying to get back at him?
Tuesday BM came to pick up the boys early. My husband said no, its not time. She told him she would hold him in contempt of court (which she cant do, no order). Later that night my husband called her to say she could pick them up, she refused.
Wednesday we took the boys to their school;s open house. She called and said if we arent at home at 5:15 she is calling for kidnapping. He told her we were at the open house and it could be 5:15 or 5:45. She got pissed and hung up. We arrived home at 5:25, she was not there waiting. No one would answer any of their phone numbers. Scott called the cops to ask what he should do since he was afraid of her husband making conflict if he went over there. The police said he has done nothing wrong and that he should not bring them over. Finally the oldest son got a hold of BM and she said she wasnt going to pick them up.
She picked them up on Thursday morning with no incident.
Today, Friday, she has served him with a PPO. It says stalking and that she is afraid of him. She lies on almost every statement on this form. Her husband also made a statement and lied too. We can prove some of the details, she cannot prove any of them. It is illegal to lie on an affidavit, correct? What can we do about this? My husband made a complaint against the husband months ago and on Wednesday when he called the police he told that officer he had been threatened. BM and husband are saying that we are doing it. Can we prove that she is lying? OR that she is doing this because she is mad and trying to get back at him?
#59
Visitation Issues / Re: verbal visitation agreement compromised
Sep 02, 2009, 05:44:14 PM
thank you
#60
Visitation Issues / Re: verbal visitation agreement compromised
Sep 02, 2009, 04:44:58 PMQuote from: MomofTwo on Sep 02, 2009, 04:33:36 PM
You need to be careful...a child support order which mentions parenting time has nothing to do with a custody order. It is not binding for custodial time sharing arrangements.
yes but since there is no parenting time agreement and believe it or not they both have physical custody and legal custody, we believe that we could use that as a framework to work out the agreement.