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09-22-2008, 05:15 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 1
| | | change of circumstance
What is the name of your state (only U.S. law)? Nj
I am going to court in a few day for a suspension of child suppot and arrears payments due to my disability. ( Failed reconstructive knee operation, I need a brace , cane and two pain meds. daily)
I have sent the judge a doctors not, a permanent disabled parking letter and tag from the PADMV, (I live out of the order state), and a letter from my social security lawyer, showing I have a case pending.
This judge is a hard one.
Do I have enough evidence to warrent a change of circumstance modification? |
09-22-2008, 06:11 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,421
| | Quote:
Originally Posted by jeffreykw  What is the name of your state (only U.S. law)? Nj
I am going to court in a few day for a suspension of child suppot and arrears payments due to my disability. ( Failed reconstructive knee operation, I need a brace , cane and two pain meds. daily)
I have sent the judge a doctors not, a permanent disabled parking letter and tag from the PADMV, (I live out of the order state), and a letter from my social security lawyer, showing I have a case pending.
This judge is a hard one.
Do I have enough evidence to warrent a change of circumstance modification? | Maybe, maybe not. SSDI takes sometimes years to get approved, how are you going to support yourself in the meantime?
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in vino veritas |
09-22-2008, 10:27 PM
| | Senior Member | | Join Date: Aug 2004 Location: Central Florida
Posts: 4,721
| | Quote:
Originally Posted by jeffreykw What is the name of your state (only U.S. law)? Nj
I am going to court in a few day for a suspension of child suppot and arrears payments due to my disability. ( Failed reconstructive knee operation, I need a brace , cane and two pain meds. daily)
I have sent the judge a doctors not, a permanent disabled parking letter and tag from the PADMV, (I live out of the order state), and a letter from my social security lawyer, showing I have a case pending.
This judge is a hard one.
Do I have enough evidence to warrent a change of circumstance modification? | You should go to court with copies of all of your medical records, proof of rx pain meds, reciepts for medical bills, etc. You should also have a list of all of your Drs' names and phone numbers. If the Judge doesn't want to accept your documentation, you should request a continuance to give you time to subpoena your drs' testimonies. |
09-23-2008, 08:48 AM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,806
| | Quote:
Originally Posted by jeffreykw What is the name of your state (only U.S. law)? Nj
I am going to court in a few day for a suspension of child suppot and arrears payments due to my disability. ( Failed reconstructive knee operation, I need a brace , cane and two pain meds. daily)
I have sent the judge a doctors not, a permanent disabled parking letter and tag from the PADMV, (I live out of the order state), and a letter from my social security lawyer, showing I have a case pending.
This judge is a hard one.
Do I have enough evidence to warrent a change of circumstance modification? | Nope. The doctor's note is hearsay. The parking letter is hearsay. The tag is hearsay. The letter from the lawyer is hearsay. All of those items are hearsay and not admissible. Certified medical records , certified copies of legal filings, and people to testify are easier to get admitted.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
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09-23-2008, 10:26 AM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 13,797
| | Quote:
Originally Posted by jeffreykw What is the name of your state (only U.S. law)? Nj
I am going to court in a few day for a suspension of child suppot and arrears payments due to my disability. ( Failed reconstructive knee operation, I need a brace , cane and two pain meds. daily)
I have sent the judge a doctors not, a permanent disabled parking letter and tag from the PADMV, (I live out of the order state), and a letter from my social security lawyer, showing I have a case pending.
This judge is a hard one.
Do I have enough evidence to warrent a change of circumstance modification? | If you are going to court take you papers from SSA that you have applied .
You can take a Dr's Statement also .
Take them with you .
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By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth). |
09-23-2008, 11:18 AM
| | Senior Member | | Join Date: Jun 2007 Location: Rat Race of New Jersey
Posts: 1,198
| | | Why not bring the documentation from social security to show that you have a case pending? How are you currently supporting yourself? I can understand you looking for leniency with your arrearages but as for the current support - your child(ren) still needs to eat don't they?
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