signing affidavit

[jenjen]

state of florida

my children were temp. in the care of there mothers aunt for 3 months.
state is seeking support for a year, I want to send a affidavit to the aunt to sign stating the date children were returned, amount of money sent to aunt, and that she doent have custody, she says the dept. of revenue told her not to go to last hearing and she doesnt have to attend.

she doesnt want to come to court and says get involved but, she already is involved.

before i try to subpena her to court i wanted to type a letter along with the affidavit for her to sign and have notorized.

question;

1. it needs to be worded in a way he that will motivate her to sign in leu of the inconvience of coming to court

2. any ideas on how to compose this letter instructing her to sign to avoid going to court

thanks again for your help

[socrateaser]

>question;
>
>1. it needs to be worded in a way he that will motivate her to
>sign in leu of the inconvience of coming to court
>
>2. any ideas on how to compose this letter instructing her to
>sign to avoid going to court

I don't have enough facts. I remember you stating that the aunt was paid $1,000 by the other parent, from South Africa. If the aunt also received public assistance, and she assigned her right to support to the state, then the fact that she received money from the other parent or yourself is irrelevant to whether or not you will owe the state for reimbursement.

The state can sue you for the reimbursement, and it is then up to you to move to join the aunt in the action and ask the court to order the aunt to equitably contribute to your obligation.

What I'm saying is that you cannot avoid having the aunt involved in this action as a party. She is more than merely a witness, if your goal is to avoid reimbursing the state for the public assistance paid.

The state is not coming after you, if no money has been paid or is contemplated being paid to the aunt. And, the only reason why the aunt would not want to be involved, is if she believed she might have to fork out some portion of that $1,000 to reimbuse the state for what it already paid, or is about to pay, her.

If you can't clarify exactly what's going on here, I can't help you, because I might be inadvertantly helping you or the aunt in a fraud. It would be one thing if I didn't suspect any funny business, but as I do, I can't go forward without a very precise statement of facts about what has transpired, including all moneies paid by yourself, the other parent, and the state of Florida, to the aunt or anyone else in this transaction.

[jenjen]

The minor children qualified for medicaid (that was not used)
The aunt was sent a food stamp card (that was never used)
children returned before any of this was used and aunt lost food stamp card and never requested a new card.

the orders are basicly a form that the hearing officer fills in the blanks and check marks pre typed sentences that read as to cover sections of the statue for example:  

the statue reads that the court must consider any monies payed to the care taker, children or any third party for there benefits.  

sentence on the form reads: respondent provided proof that monies were payed to the care taker, children or third party  yes__
no___

in this case the hearing officer marked no, I'm just trying to get back to court to prove that the aunt did recieve monies for the children and the length of time the children resided with her was not a year but, only 3 months so that the corections can be made as to the amount of the support there seeking

my calculations would be a little over 40.00 dollars if I can present this to the hearing officer, the aunt may not show up for the hearing cause the dept of revenue is acting on her behalf and tell her she doesnt have to come to the hearings.

I wanted her to sign an affidavit to the fact that she received the 1000.00
for the children.
the state seeking approx. 347.00 per month for 12 months that the children lived with her.
hopefully would be reduced to only 3months after i prove that is the correct amount of time thus 347.00x3=1041.00-1000.00aunt received for childrens benefit leaves 41.00

thanks for your time and patients

[socrateaser]

>The minor children qualified for medicaid (that was not
>used)
>The aunt was sent a food stamp card (that was never used)
>children returned before any of this was used and aunt lost
>food stamp card and never requested a new card.
>
>the orders are basicly a form that the hearing officer fills
>in the blanks and check marks pre typed sentences that read as
>to cover sections of the statue for example:  
>
>the statue reads that the court must consider any monies payed
>to the care taker, children or any third party for there
>benefits.  
>
>sentence on the form reads: respondent provided proof that
>monies were payed to the care taker, children or third party
>yes__
>no___
>
>in this case the hearing officer marked no, I'm just trying to
>get back to court to prove that the aunt did recieve monies
>for the children and the length of time the children resided
>with her was not a year but, only 3 months so that the
>corections can be made as to the amount of the support there
>seeking
>
>my calculations would be a little over 40.00 dollars if I can
>present this to the hearing officer, the aunt may not show up
>for the hearing cause the dept of revenue is acting on her
>behalf and tell her she doesnt have to come to the hearings.
>
>I wanted her to sign an affidavit to the fact that she
>received the 1000.00
>for the children.
>the state seeking approx. 347.00 per month for 12 months that
>the children lived with her.
>hopefully would be reduced to only 3months after i prove that
>is the correct amount of time thus
>347.00x3=1041.00-1000.00aunt received for childrens benefit
>leaves 41.00

My advice is that you have the aunt appear and testify to the amount that she's received. If necessary, you should subpoena her to appear. It's possible that the court may not admit a hearsay affidavit from a witness who is not a party to the case -- even though the affidavit may be sworn and notarized. Also, you may need some other testimony from the aunt to refute statements made by the government at the hearing that you don't know about, yet.

However, if you can't force the aunt's appearance, then:

(put the court caption info (court name, case no. parties) at the top of the statement)

AFFIDAVIT OF WITNESSNAME

State of Florida, County of _____ ) ss.

I, AUNTSNAME, after first being duly sworn, do hereby depose and say:

1. That I declare the following under penalty of perjury under the laws of the State of Florida, and and that if called upon, I could and would testify to the matters set forth herein of my own personal knowledge.

2. That on ??/??/????, I received $1,000 from _______, as a contribution to the support of the parties' minor child CHILDSNAME.

3. That on ??/??/????, I received a food stamp card from the State of Florida, which I never used, subsequently lost and never recovered.

4. etc.

By: ____________
WITNESSNAME
STREET
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ____ day of _____, 2006


By: ____________
Notary Public
My commission expires: _______

-----------------

(new document)

(court caption info)

Respondent's Motion for Order to Modify (insert title of order from ex parte hearing that you received)

Respondent, YOURNAME, in propria persona, hereby appears, and moves that the court modify its prior order entitled (insert title of order again), entered ??/??/????, to reflect a support obligation of $41.00, on grounds that the alleged child support obligee, AUNTSNAME, has already been paid support directly by the minor child's parent(s), and that said support payments are only $41.00 less than the amount required under the State of Florida Uniform Child Support Guidlines,

In support of the above-stated motion, I YOURNAME, declare as follows:

1. That I am Respondent in the above-entitled matter, and if called upon, I could and would testify to the matters set forth hearin of my own personal knowledge.

2. (state all the relevant facts, dates, names events, etc.)

3. On ??/??/????, the support obligee, AUNTSNAME, executed a sworn affidavit, declaring that she has received $1,000 in support of my minor child, CHILDSNAME (see Exhibit #??, copy attached).

(when you file this response do NOT file the aunt's original affidavit with the court -- use a copy, and bring the original to the hearing with you.)

I declare, under penalty of perjury, under the laws of the State of Florida, that the foregoing is true and correct to the best of my knowledge.

Dated, this ____ day of ____, 2006

By: ____________
YOURNAME
Respondent, Pro Se
STREET
CITY, STATE ZIP
CONTACTFONE

-----------

You must serve a copy of the above response on the State, prior to the hearing. If you can't serve it prior to, then hand a copy to the State's representative before the hearing begins.

That's it. good luck.

[4honor]

I read once upon a time that the above phrase ("in propria persona") meant that the person was "as good as a lawyer" or "a legal expert" and not a person pro se.  

1. Is using the phrase in a pleading, as opposed to a "title"  (e.g., as one would use Pro Se under a signature line and name) different?

[socrateaser]

>I read once upon a time that the above phrase ("in propria
>persona") meant that the person was "as good as a lawyer" or
>"a legal expert" and not a person pro se.  
>
>1. Is using the phrase in a pleading, as opposed to a "title"
>(e.g., as one would use Pro Se under a signature line and
>name) different?

Pro per, Pro se, and in propria persona are all legally identical. Their use is generally colloquial to particular jurisdictions.

In propria persona means "in proper person," i.e., in the first person.

Pro per, is short for propria persona.

Pro se means on one's own behalf.

It's all the same.