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Hi,
I have filed a motion for contempt agaist the other parties.
they replied with their motion.

In vue of their motion there are evidence that I will present at the evidentiary hearing for the contempt that are not in my affidavit nor in the other party's.

Is that an issue? do all evidences presented at the evidentiary hearing need to be in an affidavit prior or is this not a requirement ?

Dear Socratear,
In many cases of child support (update or establishment) where the state Child Support enforcement office, they will send letters to employers to harvest salary, cost of medical insurance and other informations. What does the law say about these letters and if the employer must answer. Often these "notices" are really only notices and no one is really required to answer any informations but some requires the employer to enforce an order.

What does the law says on these fishing expeditions from services?
Many employers fill them and send them back to avoid trouble but are they really compeled to reply and provice information.

in the "National Medical Support Notice" for example, the employer is compeled to enforce an order but are they compeled to provide private informations?

ok so in MN the calculation changed from a set 25% for non custodial parent to a share income calculation.

the law is applicable jan 1st 2007. However I am being told by the CD office and the self help center that only the new cases will be re-evaluated in 2007 and that all old cases will be done in 2008. So that my case would have to wait unless one of the reasons bellow applies:

" THE COURT CANNOT GRANT A REQUEST TO MODIFY AN EXISTING CHILD SUPPORT ORDER USING THE INCOME SHARES MODEL UNTIL JANUARY 1, 2008, OR UNDER LIMITED EXCEPTIONS, UNTIL JANUARY 1, 2007.  CONTACT AN ATTORNEY OR OTHER LEGAL SERVICES PROVIDER FOR MORE INFORMATION."
•   Substantial increase / decrease in earnings;
•   Substantial increase / decrease in need of a party or the child(ren) involved in this court order;
•   Receipt of public assistance;
•   Receipt of disability payments for you or the child(ren) involved in this court order;
•   A change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics;
•   A change in the availability or cost of medical and/or dental insurance coverage or expenses of the child(ren), yourself, and/or former spouse involved in this court order;
•   The addition, elimination, or substantial increase / decrease of work-related or education-related child care expenses for the child(ren) involved in this court order;
•   Child(ren) attaining the age of 18, graduating from high school, joining the military, or living independently;
•   A change in the residence of the child(ren).
you can get the document there: http://www.courts.state.mn.us/forms/public/forms/Child_Support/District_Court/CSD201.doc



However if I go take a look at the Bill (the law itself that was passed):
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0630.4&session=ls84
and if you look at section
23.1, .... and 24.1, ....
It seems to me that it clearly states that anyone can request a modification if there has been 20% increase or decrease and at least 75$.
The text of the bill even talks about the fact that the order under such conditions is deamed unfair, ...
you can get the full text of the bill up there
So reall wat is it? Is it that the CS office "preprinted" forms can't handle it and that you have to go directly to the court asking for a regular motion?
What if you bring a motion in court on these grounds of review in 2007. Will the judge apply the old law which in 2007 is officially not the law anymore?
Or is this just a way the CS office has to try to unload the work and spread it over 2 years lieing to us?
I mean in their document itself it states that they can't give legal advises ?!?!?


23.19     Subd. 2.  [MODIFICATION.] (a) The terms of an order
 23.20  respecting maintenance or support may be modified upon a showing
 23.21  of one or more of the following:  (1) substantially increased or
 23.22  decreased earnings of a party gross income of an obligor or
 23.23  obligee; (2) substantially increased or decreased need of a
 23.24  party an obligor or obligee or the child or children that are
 23.25  the subject of these proceedings; (3) receipt of assistance
 23.26  under the AFDC program formerly codified under sections 256.72
 23.27  to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
 23.28  change in the cost of living for either party as measured by the
 23.29  Federal Bureau of Labor Statistics, any of which makes the terms
 23.30  unreasonable and unfair; (5) extraordinary medical expenses of
 23.31  the child not provided for under section 518.171; or (6) the
 23.32  addition of work-related or education-related child care
 23.33  expenses of the obligee or a substantial increase or decrease in
 23.34  existing work-related or education-related child care expenses;
 23.35  or (7) upon the emancipation of the child, as provided in
 23.36  section 518.64, subdivision 4a.
 24.1      On a motion to modify support, the needs of any child the
 24.2   obligor has after the entry of the support order that is the
 24.3   subject of a modification motion shall be considered as provided
 24.4   by section 518.551, subdivision 5f.
 24.5      (b) It is presumed that there has been a substantial change
 24.6   in circumstances under paragraph (a) and the terms of a current
 24.7   support order shall be rebuttably presumed to be unreasonable
 24.8   and unfair if:
 24.9      (1) the application of the child support guidelines in
 24.10  section 518.551, subdivision 5, to the current circumstances of
 24.11  the parties results in a calculated court order that is at least
 24.12  20 percent and at least $50 $75 per month higher or lower than
 24.13  the current support order;

Hi,
I am respondent in the matters, my ex is petitioner.
She filed a motion against me but stated at first: "Respondent moves the court for, ...."
It's obvious that I am the Respondent in the caption so can I just ask for dismissal of her motion on the grounds that I don't move the court for anything ?

- Ok so wanted to take my kid to europe during end of August, beginning of september.
- Ex refused to even talk about it.
- Went to court, referee said it was fine with a "bond security" to go end of August beginning of September and need to file an affidavit with travel info before August 1st.
- Referee sent us the order which got misplaced, clerk of court calls me 3 weeks after that it was returned to them. Note that to file the affidavit with travel info before the 1st, I had to buy the plane ticket based on the ruling from the bench of the referee.
- Finally clerk of court faxes the order to me. (note that I had to buy the plane tickets for end of August beginning of September based on her ruling from the bench).
- now the Order states that we can go in August 2005 (forget to say beginning of september).

- Ex now state that order says "August" and not september and that this is not respecting the order and therefore that she won't give me the passport.

What can I do with that? I wrote a letter to the referee asking her to "clarify" her order and state that the dates are fine but haven't heard from her.

what do I need to file? a Motion for review ?

Hi,
I filed a Motion for Contempt, affidavit and order to show cause on my ex-wife.
I thought that the procedure was for her to file a responsive motion with her affidavit stating why she thought she was not in contempt of point A, B, .... However she didn't file such a motion nor affidavit.

What will then happen in court? is it the same as saying she isn't denying the fact? And so because of this I am not sure what to expect at the first hearing. The first hearing is usualy to review the motion and responsive motion and go for an evidentiary hearing.

Could you give me some details since I am going pro-se (and she is as well) as to what to expect because she failed to file her responsive motion?

Ok, so I am looking to put a lien as a security on my home.
To make a long storry short, I want to borrow 20.000 from my father in law and he asked us to have a lien on our home as a security.

I am in an agreement.
I know the lien have to be filed with the county recorder however I do not know what a lien form looks like and where to find one.

Is it simply a contract done as a "notice of lien" ??

ok so I have my motion all ready and I have the affidavit, called the clerk of court and got a date and time, ....
What's next?

- do I go downtown with a check and ask for the filing desk?
- then can I simply maill it to her and her attorney?
- how many days in advance do I need to mail it to her and her attornery? hearing is in 30 days, ... I don't want to mail it too hearly

thanks

Court order and divorce decree state that we are not to take the child out of our state and or abroad unless we have writen agreement stipulated to the court or a court order.

So I asked ex to agree we could go abrboad see familly, she refused (not even asking anything). We did mediation and she refused as well.

So I want to bring a motion to the court for this and have the court gives us approval to go abroad.
What is the name of the motion I need to make?

Motion to have authorisation of court ?

Thanks

Ex filed an harasment order on me.
Order was granted temporary and we are due in court next week to discuss it.
I am going by myself.

- The order state that I am not to have any contact what so ever with her.
- stay away from her home
- stay away from her work
really I have no problem with this but the fact that I haven't been able to pickup my son as a result of this, ....

I am wondering what the burden of proof is, what she has to do to get the order maintained or what I have to do to get it dismissed, ...
What's the law on this and who has the burden?

Hi Socrat,
my ex filed a contempt motion on me (civil) and we are going to the evidentiary hearing in March.
The contempt is for parenting time issue where my ex says that I took our kid on vacation while it was her parenting time (I am the NCP)

My attorney for the 2nd time today told me that IF i am held in contempt I can be looking at 90 days jail sentense that would be stayed pending the purge. Purge would mostlikely be that I can't take kid on vacation without 30 days writen notice to the ex (CP).

Anyway, I question his truth. Is this true? I thought on civil contempt you had to do a purge but I doubt that the sentense for not purging would be 90 days jail.

Ok so my ex filed a motion for contempt and an order to show cause on me to hold me civily in contempt.

The all claim is that I took our kid out of the country over holliday without her approval.
I can send papers and order privately if needed
We state that the order doesn't say we can't go out and that I only had to provide her with 30 day notice to user her time (vacation preceed hollidays)

Anyway, she asked for:
1- permanent supervised visitation
2- that the child not be allowed out of state
3- that I give my ex our kid's passport
4- contempt for misc reasons
5- attorney's fees

Referee ruled no danger to the kid so visitation isn't changed but kid can't leave MN state till the procedings are over and that I am to give my ex kid's passport till proceddings are over.
Referee also did set a hearing for the contempt issue stating that this is a case of "he said, she said" and that most often these cases are judged by judging the peoples character.
There are tons of papers, affidavits from 11 different peoples yet she said: I am giving you 2 hours that day that's it

The contempt issue is really: he said she said. I gave her 3 letters by hands saying we were going, when we were going, ... she says she never saw these letters.
Both side can't really prove the other one got it or didn't get it.

- What do you think is the outcome gona be?
- How does a referee judge the caracter of someone in 2H hearing, ... What am I to expect ?

My ex filed a contempt charges as an "order to show cause why you aren't in contempt"

Ok fine but I am wondering what is the judge or referee process to determine if there are cause or not for contempt and if he wants to grand attorney fees and her motion or mine, ...

What are the criteria to decide?

Hi,
Grand-mother of our kid take care of him every week at least 2 days a week, he sleeps at her place. Today kid told me that he is still sleeping with grand ma in her bed. grand ma is divorced from a long time and live alone and I am sure she is full of good intensions but is it ok that she sleeps with our kid in the same bed everytime to the point that he does not have his bed at her place anymore?
kid is a little boy just turned 6 years old and 1st grader

I am open to comments, just trying to get smart before I talk to the grand mother. It seems inapropirate from my point of view but am I wrong ?


I want to add that kid would prefer to have his own bed (he already has a bedroom at Gma but no bed) and that it is gma that insist that it's easier and better for kid that way.

this is a new one for me.
Ever since I had my child support reduced and appeal. My Ex will not talk to me. at all. but I mean nothing.

We have shared custody of a first grader so that makes it quite hard.

things as simples questions like : "can you call me so that I can register our kid to ski lessons and plans which days with you" are now unanswered.

Today I cannot explain to my first grader why his sister (step sister) can go ski during the hollidays and not him. he is upset but what can I do if she refuses to call me back or answer emails, ...

I have emailed ex's mother asking her to maybe find out for the ski lessons but nothing.

other questions from share parenting arises like did you return the library book? where is the snow pans?

I've tried to leave messages for the past 3 weeks, .. nothing back and now our kid can't go ski in the hollidays, ... (no more room)

I am a little at a lost, please give me some ideas to break the ice
thanks

Ok,
my daughter's father died a while back and so I have been her father now for a while.
She is 7 and she told us she would like to have the same last name as us.
do you know how to change a child's last name?

Hi,
I need to send my financial information (tax record and what not) to the judge and the other party.
I will black out the personal information on the copy for the other party but can I black out informations on the copy for the judge ?

Thanks

Dear Socrateaser,

Ex and I are currently under review for Child support Modification.
We are both pro-se

Today my ex-wife got a subpoena and served my employer however her subpoena is a DUCES TECUM subponea and under that paragraph she asked my employer for a copy of my paychecks from last year.

furthermore she checked the "schedule attached case box and attached an adendum where she asks for the paystubs to be mailed to her.

My employer showed me not knowing what to do so I researched DUCES TECUM and found that it is a subponea to appear and show proof, ...
http://en.wikipedia.org/wiki/Subpoena_duces_tecum
which is not what she is asking at all. I believe she miss used this subponea form ?!?!?!
Did she?


Furthermore I went to the court and asked myself for a subponea of the same kind which the court gladly gave me for 12$ and signed, put the sceal but the form is all blank for me to fill.

Again I believe this is because the subponea that she served and that I filed is actually not a subponea to request information but rather for a witness to showup in court.


Let me know your thoughts.

Hi,
My ex is claiming to have no work but I know she does.
how can someone find if someone is employed and where ?

Ok so beginning of school year ex-wife asked me to register our kid to daycare (after school care) and wrote on a signed letter (not a court order) that she would pay for 1/2 of it.
We are 1 year after and she has paid nothing.
I have tried contempt but the court said no court order = no contempt.

So I am contemplating my options.
anyone has an idea? I am thinking about small claim court (like judge judy) on TV to ask for a judgement against her as she broke an agrement we had (written to repay the money)

I can't se any other options, .. anyone has an idea?

I filed a motion against the other parties and made my case in the affidavit, she replied with ehr motion and affidavit, ...

Now I have much more proof than what I did put in my affidavit of fact this or that.

for example the other parties replied in her affidavit that they did not agree to fact A when in fact I have a letter from other party signed, ... that they agree to fact A


the question is that I do not want my evidences dismissed in the evidentiary hearing so do I have to write a responsive affidavit then adding all my documents or do I just wait for the hearing to catch her in a lie ?

Hi,
I explain.
My kid would like to play soccer in the evenings with a league this summer.
I proposed to pay for all costs and to take him to and from but mother refuses in her 1/2 of the summer as we share summer.
I proposed to switch days, ... nothing does it.

our child is minor.
Can I file a motion on his behalf ?

Or being a minor, can he file his own motion ?

Hi,
with my ex we have shared legal cust of our kid.
we filed separate tax returns.
she claimed our kid.

having shared cust, do I have right to order transcripts of tax records based on the fact that our kid is on there and she claimed him.

http://www.irs.gov/pub/irs-pdf/f4506t.pdf

If I can't, can he?

In Short, he has right to see papers that were filed with his social sec number. But does he have right to order transcripts and or do I have right to do for him as guardian ?

Hi,
We are writing our own stipulation with ex and I am looking for samples from others on how to phrase where ur kid will go to school.

He is n K right now and we intend to put that he stays in the school district, possibly same school or not within district, ...

I am looking for samples, thanks

ok so I know and have learned through the years that we cannot change someone.

I have also learned that the other parent always (mostly always) that in their selfishness they are doing the best for the child.

SO I am wondering from some of you. What are some good technics to "help" the other parent be objective to a different point of view ???

For example, I think that school A is better than School B for a child. I base my findings on states reports. A is rated a 5 star school and B a 3 star however the other parent believes her school B is as good if not better than A. That the rating of schools is flaud. The mediator and many other peoples that I find "neutrals" agree with star rating. shrinks agrees as well but Mother WILL NOT see objectively.

What are some of the technics to help someone be more objective?
how do you know when someone simply will not look at a problem with an open mind and when it is time to stop trying to convince them and ask the court to rule through a motion ?

Our Child is going to a school in my school district as we agreed to it verbally. He is currently in K.

However next year Mother who lives 9 miles away. I live 2 miles from the school, different school district but come on, 9 miles...,
the bottom line is that next year the calculation formula changes for CS and she is affraid she will loose her paycheck.

So her solution is to put him in a low level school in her school district to secure this.
it's more conveignant, next door to her, no 9 miles to drive every day, ... however she is not looking for our kid's futur...

So right now we are in mediation as I hope she can get her eyes open by the mediator. It doesn't seems like it will though.

So I am looking for advises on filing a motion for status quo while our child is in school to have a judge keep it that way next year.

Anyone advises, how do I file that one pro-se? any examples?

I am french and American,
My divorce was done in the US but never done in france.
I am looking to get it translated by the services, ....

in short they are asking me for a "Certificate of non appeal or certificate of divorce absolute " how do I get that? motion to the court or simply letter ?

Hi,
Filed a contempt motion on my ex to get informations from her.
Judge sent us to mediation before the evidentiary hearing.

I am just wondering if we both come to an agreement.

How do I dismiss a motion for contempt ?

(we are both pro-se)

- Ok so wanted to take my kid to europe during end of August, beginning of september.
- Ex refused to even talk about it.
- Went to court, referee said it was fine with a "bond security" to go end of August beginning of September
- Referee sent us the order which got misplaced, clerk of court calls me 3 weeks after that it was returned to them.
- Finally clerk of court faxes the order to me. (note that I had to buy the plane tickets in end of August beginning of September).
- Order states can go in August 2005 (forget to say beginning of september).

- Ex now state that order says "August" and not september and that this is not respecting the order and that she won't give me the passport.

What can I do with that? I wrote a letter to the referee asking her to "clarify" her order and state that the dates are fine but haven't heard from her.

Any good advises ?

Hi,
I filed a Motion for Contempt, affidavit and order to show cause on my ex-wife.
I thought that the procedure was for her to file a responsive motion with her affidavit stating why she thought she was not in contempt of point A, B, .... However she didn't file such a motion nor affidavit.

What will then happen in court? is it the same as saying she isn't denying the fact? And so because of this I am not sure what to expect at the first hearing. The first hearing is usualy to review the motion and responsive motion and go for an evidentiary hearing.

Could you give me some details since I am going pro-se (and she is as well) as to what to expect because she failed to file her responsive motion?