Exceptions and testimony?

[rini]

Dear Socrateaser,

I am still helping my husbands friend with his exceptions to his support order.

The hearing officer has errored now on 2 different child support orders.

Our motion for exceptions to the first order was granted in August on all issues that we addressed in our motion.  This was sent back to the same hearing officer that did the first miscalculation.\

Hearing on the exceptions was in front of the same hearing officer in November.  The hearing officer did not allow time to address all the issues that were granted for recconsideration and basically told him to file for more exceptions  (which we did)

The new order issued in Dec was not nearly correct either.  

1  How do we ask that someone else hear this and calculate the order.

She was off again on wages (for both parties)\
She ignored issues that were remanded for recconsideration
She back dated new dental that just started last month for payment all the way back to last year.

She refused to allow his credit for medical for kids (he has carried them on insurance for years but new wife got a new job last summer/spring and added the kids to her plan.  Hearing officer gave her credit even though she did not supply the needed document to remove the kids from his federal plan until NOv hearing.

ect ect ect.

This woman can't add and is clearly biased to say the least.

She also did not use the standard form for calculation required by the state.  

2  Can we ask that the ex be held in contempt and sanctioned for telling two different stories at 2 different hearings under oath (taped and transcribed) about why she only worked 10 to 13 hours a week.  One she said there were no hours and the other hearing she blamed ex husband for pickup and drop off.

 Kids are in teens and mom has no reason not to work.  PA state imputes income for parents that work less than 40 hours on a regular basis.  (for both parents unless there are small children or a disability factor.  Is this not perjury????



3    After we filed our motion for exceptions they filed a cross-exceptions citing 2 issues? do we answer in one brief or two?  Some of the stuff i have is pretty long winded due to the huge mistakes do I cut the statements down to minimum or make sure i have all the facts in there for the record?


Thank you so much for your help  

By the way hubby had his second Christmas holiday with his children thanks to all your help  2nd one in 10 years.   !!!!!  God Bless you for all you do

rini in PA

[socrateaser]

>1  How do we ask that someone else hear this and calculate the
>order.

Just ask the court to order your calculations directly, rather than returning the matter to the hearings officer, on grounds that the officer seems to be unable to correctly calculate support, and that her errors are causing you unnecessary delay and are not in the interest of "judicial efficiency." (magic words).

>2  Can we ask that the ex be held in contempt and sanctioned
>for telling two different stories at 2 different hearings
>under oath (taped and transcribed) about why she only worked
>10 to 13 hours a week.  One she said there were no hours and
>the other hearing she blamed ex husband for pickup and drop
>off.

Does her mistatement materially affect your support obligation? If so, you have a case, otherwise you don't.

>3    After we filed our motion for exceptions they filed a
>cross-exceptions citing 2 issues? do we answer in one brief or
>two?  Some of the stuff i have is pretty long winded due to
>the huge mistakes do I cut the statements down to minimum or
>make sure i have all the facts in there for the record?

One response. Be succinct. The more you write, the less likely the judge will read.