Welcome to SPARC Forums. Please login or sign up.

Sep 28, 2024, 09:20:46 AM

Login with username, password and session length

Child support hearing re-do

Started by johnw, Mar 07, 2004, 08:57:40 AM

Previous topic - Next topic

johnw

I need help. 2 weeks ago my ex took me to court for more child support because she says can't make ends meet. Long story short, she makes about $2500.00 per year more than me, we have them equal time (as per the order 182 days for her 183 days for me), and subsequently the support we had mutually agreed upon before our divorce was reduce in half.
The next day, my ex wrote a nasty letter to the judge, really ripping him for his decision, calling him "rude and unfair" and "he took pleasure in lowering the support payments" The judge responded to her letter, apologizing. He disqualified the support order he put in place, removed himself from the case, and it is now going before a new judge this week.
Her attorney's point is this. I get the kids every Tues to Thur and every other Fri to mon. By the law they say an overnight is 12 hours. They contend if I get them at 6pm Tues and 6pm Fri, I only have them 6hours on those days, therefore they don't count as an overnight. In a 28 day period I have them 14 overnights. They say I only have them 8. In their opinion this would change the support figure.
How is the law on overnights interpreted? I say its 12 hours in a 24 hour period?
How can a judge buckle to a nasty letter by a bitter plantiff, and throw out his decision, and put the issue before another judge? What precedent does this set?
Thanks

socrateaser

>How is the law on overnights interpreted? I say its 12 hours
>in a 24 hour period?

There may be precedential case law in your jurisdiction that answers the question in your opponent's favor. Ask them to produce an appellate decision supporting their interpretation.

If there isn't any, then what matters, in MY humble opinion, is where the kid lays his head to sleep on any given night, because the single most overwhelmingly expensive cost in raising a child is the cost of housing.

>How can a judge buckle to a nasty letter by a bitter plantiff,
>and throw out his decision, and put the issue before another
>judge? What precedent does this set?

Well, frankly, most judges would have laughed it off, but I must give credit to a judge with the courage to set aside his/her own decision in the face of a letter challenging bias, because most judges believe that they are God and incapable of bad judgments.

So, on this question, you're asking the wrong person, cause I'm siding with the judge.