Presenting information a different way?

[stuartlittle]

What is the name of your state (only U.S. law)? Indiana--My ex took me to court for child support. Part of the equation is that my son, ex and his girlfriend live in a home I own. With taxes and ins. I pay $700.00 a month. A comparable house in my county rents for $650.00. The judge disallowed the taxes and insurance and only allowed the mortgage payment--($300). My attorney did not present that houses rent for $650.00 in my area. Is there a way to re-present the case with the additional information of average rental price without filing for an appeal? Can I do this without hiring another attorney? Thanks in advance.

 

[Ohiogal]

Why can't you evict your ex or start charging him rent?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana--My ex took me to court for child support. Part of the equation is that my son, ex and his girlfriend live in a home I own. With taxes and ins. I pay $700.00 a month. A comparable house in my county rents for $650.00. The judge disallowed the taxes and insurance and only allowed the mortgage payment--($300). My attorney did not present that houses rent for $650.00 in my area. Is there a way to re-present the case with the additional information of average rental price without filing for an appeal? Can I do this without hiring another attorney? Thanks in advance.

It is very difficult to get a judge to listen to the same facts he's already heard. He disallowed taxes and insurance already, so he's not likely to welcome you trying again.

An appeal is possible only if you file within an appropriate time AND if there's an error of law. Unless the law specifically prohibits the judge's interpretation, you're not going to get anywhere.

I'm with OG. What is it you're trying to accomplish? What were these numbers used for? It's not clear why it would have any impact on CS.

 

[stealth2]

I suspect he wants the house payment to be included as part of the CS. So a lower house payment means he has to cough up more CS.

 

[mistoffolees]

I suspect he wants the house payment to be included as part of the CS. So a lower house payment means he has to cough up more CS.

If that's the case, then I believe the judge used his discretion poorly. The full out of pocket cost (not market rent, but out of pocket cost) should have been considered. However, that falls within judicial discretion, so it's not grounds for an appeal.

In that case, I'd agree with OG. Does the court order say that you HAVE to allow him to stay there? If not, consider charging him rent and evicting him if he won't pay.