Stipulation Filed

[pa_ak]

What is the name of your state? AK

First, please excuse the new post...I know it's protocol to keep posts together.

I just wanted to update that a stipulation was filed on the Alaska court dockets today that all matters in the case be handled by the Alaska Court. It was signed by his attorney and the one I had to hire to dismiss the motions in Florida that should have never been entered.

At this point, it is uncertain if there will be a hearing on Wednesday since it was essentially to decide who had jurisdiction of what issues. If there is no hearing, I am not sure what will happen. All of the motions filed by his attorney had civil deficiencies but because of the hearing, the timeline for responses was not adjusted. So now I don't know if everything will be put on hold until the deficiencies are corrected or if the case will be "sent" to the Judge for rulings. Essentially it feels as if I'm back at square one.

I have posed the question on the support board about the long arm jurisdiction provision of UIFSA and if it can be applied to this situation especially now with the stipulation that has been filed. It has been two years since the modification was requested and 10 months since Florida said one was warranted and yet there is not a new order and no increase in child support; hell it hasn't even made it into a Florida courtroom. Thank goodness I do have a decent paying job. Plus the AK PFD's do come in handy for meeting the children's expenses!!!

Personally, I am hoping the judge will just rule on the motions before him. The nonsense is getting insane. And yes, I do realize the nonsense can (and probably will) go on for a long time...but it breaks my heart everytime I hear my almost 10 year old tell me "what's the point? he's not going to do what he says anyway?"...I'm tired of biting my tongue!!!What is the name of your state?

 

[TinkerBelleLuvr]

You'll be lucky if it doesn't find it's way in to a Florida court. From what I've read in various posts, it moves at a snail's pace- it must be for all the siestas that are required from the warm weather. I'm not sure if Alaska is any faster.

 

[casa]

What is the name of your state? AK

First, please excuse the new post...I know it's protocol to keep posts together.

I just wanted to update that a stipulation was filed on the Alaska court dockets today that all matters in the case be handled by the Alaska Court. It was signed by his attorney and the one I had to hire to dismiss the motions in Florida that should have never been entered.

At this point, it is uncertain if there will be a hearing on Wednesday since it was essentially to decide who had jurisdiction of what issues. If there is no hearing, I am not sure what will happen. All of the motions filed by his attorney had civil deficiencies but because of the hearing, the timeline for responses was not adjusted. So now I don't know if everything will be put on hold until the deficiencies are corrected or if the case will be "sent" to the Judge for rulings. Essentially it feels as if I'm back at square one.

I have posed the question on the support board about the long arm jurisdiction provision of UIFSA and if it can be applied to this situation especially now with the stipulation that has been filed. It has been two years since the modification was requested and 10 months since Florida said one was warranted and yet there is not a new order and no increase in child support; hell it hasn't even made it into a Florida courtroom. Thank goodness I do have a decent paying job. Plus the AK PFD's do come in handy for meeting the children's expenses!!!

Personally, I am hoping Judge xxxxx will just rule on the motions before him. The nonsense is getting insane. And yes, I do realize the nonsense can (and probably will) go on for a long time...but it breaks my heart everytime I hear my almost 10 year old tell me "what's the point? he's not going to do what he says anyway?"...I'm tired of biting my tongue!!!What is the name of your state?

Everything will be going by Alaska's Jurisdiction now...forget the past mess re; Jurisdiction.

Please remove the name of the Judge in your case.

 

[pa_ak]

Everything will be going by Alaska's Jurisdiction now...forget the past mess re; Jurisdiction.

Please remove the name of the Judge in your case.

Done...thanks for pointing out my faux paux...

Based on your answer, am I safe in thinking AK now has jurisdiction of everything (custody/support) and can modify the orders? Please correct me if I'm wrong.

Do you think it is possible the judge here may still have the hearing Wednesday since it was to determine jurisdiction but also to determine what other hearings needed to be held if any? My Florida atty thinks it may be canceled; the Florida judge called the Alaska judge to discuss the hearing and spoke with his assistant around 11:30 am today. Not sure if the judges came to a decision in regards to the hearing but the hearing is still on the docket. Personally, I hope it does remain since, to borrow someone's petname, stupidhead posted on a public forum he will be flying to OKC on Wed...and this was posted yesterday prior to the whole stipulation thing...it just doesn't seem very above board of him or his atty.

 

[casa]

Done...thanks for pointing out my faux paux...

Based on your answer, am I safe in thinking AK now has jurisdiction of everything (custody/support) and can modify the orders? Please correct me if I'm wrong.

Do you think it is possible the judge here may still have the hearing Wednesday since it was to determine jurisdiction but also to determine what other hearings needed to be held if any? My Florida atty thinks it may be canceled; the Florida judge called the Alaska judge to discuss the hearing and spoke with his assistant around 11:30 am today. Not sure if the judges came to a decision in regards to the hearing but the hearing is still on the docket. Personally, I hope it does remain since, to borrow someone's petname, stupidhead posted on a public forum he will be flying to OKC on Wed...and this was posted yesterday prior to the whole stipulation thing...it just doesn't seem very above board of him or his atty.

Anything that involves challenging/determining Jurisdiction is going to take more time. Right now, it sounds like the court's are deciding on that. That will have to be established first, before you know where the following hearing(s) will be. It should be AK handling the mess from now on. Filing in FL was a mistake on someone's part.

 

[pa_ak]

Anything that involves challenging/determining Jurisdiction is going to take more time. Right now, it sounds like the court's are deciding on that. That will have to be established first, before you know where the following hearing(s) will be. It should be AK handling the mess from now on. Filing in FL was a mistake on someone's part.

Originally, the UIFSA support case was filed in Florida that was it. Then his atty filed motions concerning visitation, etc against that case which from what I read should never have happened.

The hearing is still on for in the morning. His atty sent me a notice of unavailability for 16-23 Oct but never filed it with the court. She also sent it to my FL atty. So tomorrow shall be interesting considering neither she nor he will be present telephonically and they are the ones who wanted the hearing to contest the registration of the orders in AK. Will update tomorrow afternoon.

Again Casa...thank you for identifying and calling me on my faux paux...

 

[TinkerBelleLuvr]

please do let us know ...

 

[casa]

Originally, the UIFSA support case was filed in Florida that was it. Then his atty filed motions concerning visitation, etc against that case which from what I read should never have happened.

The hearing is still on for in the morning. His atty sent me a notice of unavailability for 16-23 Oct but never filed it with the court. She also sent it to my FL atty. So tomorrow shall be interesting considering neither she nor he will be present telephonically and they are the ones who wanted the hearing to contest the registration of the orders in AK. Will update tomorrow afternoon.

Again Casa...thank you for identifying and calling me on my faux paux...

WHY did your attnormey NOT file notice w/ the court? ???????
WHO is appearing at the hearing?

 

[pa_ak]

WHY did your attnormey NOT file notice w/ the court? ???????
WHO is appearing at the hearing?

not my attorney...his...I am acting pro se in AK...I just didn't have the $5K plus $500 a month to put up front. The only reason I had to hire an attorney in Florida was because of the silly motions my ex's attorney filed concerning custody. After being served with a summons, I needed to have them dismissed; hence the attorney I was essentially "forced" to hire, who by the way will be appearing telephonically. The Florida judge presiding over the Florida support case will also be appearing telephonically. My ex and his attorney are supposed to be appearing telephonically but as I said before won't be there according to her letter and his myspace post. The judge here in AK likes to do jurisdictional issues on the record so there is no ambiguity later - exact words from last status hearing.

I will definitely be in the courtroom tomorow. At the last hearing, the judge here in AK said he wouldn't force my ex to hire an attorney in AK that he would allow his attorney to practice here as long as she followed the rules of court; she did not.

When I consulted with a local attorney here, she advised me to bring up this fact and object to it at the start of the hearing. Any ideas on a tactful way to do this? Would it be appropriate to say: Sir, I respectfully request the Court relook at the decision to allow Ms. White to practice without conforming with Civil Rule 81; the court's instruction's were very specific concerning the need to conform to AK Rules of Court yet all motions filed were found to have civil deficiency's...

I just don't know how to say that tactfully...I essentially want it on record I have an issue with him being represented by an attorney who is not licensed in AK when he could be acting pro se as I am...

Will update tomorrow after the hearing...thanks to all who have given advise...and to all's previous posts I have read that gave me a piece of mind...y'all are truly wonderful.

 

[pa_ak]

Opinions Needed

Just got a phone call from my Florida attorney...she told me I didn't need to go to the hearing this morning because it was just a status hearing and they (the FL attys) had agreed for everything to be heard in AK. However, I feel strongly I need to at least show up since I am acting pro se here. Any thoughts? When I spoke to the court yesterday, I was told the hearing was still being held.

 

[casa]

Just got a phone call from my Florida attorney...she told me I didn't need to go to the hearing this morning because it was just a status hearing and they (the FL attys) had agreed for everything to be heard in AK. However, I feel strongly I need to at least show up since I am acting pro se here. Any thoughts? When I spoke to the court yesterday, I was told the hearing was still being held.

I strongly recommend appearing at any/all hearings...regardless of whether you are required to be there or not.

 

[pa_ak]

I strongly recommend appearing at any/all hearings...regardless of whether you are required to be there or not.

My thoughts exactly. Thank you for "confirming" my gut feeling.

 

[casa]

My thoughts exactly. Thank you for "confirming" my gut feeling.

Keep us posted.

 

[pa_ak]

UPDATE....Hearing Held

First off, I apologize for the delay in posting results...have sick kids at home and had to see the dentist....

The hearing was held on Wednesday as scheduled. From watching the judge's face, he wasn't real happy with the delay in starting because they couldn't get my ex's attorney on the phone...she told the clerk she thought the hearing was at 1430...yeah okay...I received the order from the judge in the mail yesterday.

Essentially, he stated Alaska will accept and assert jurisdiction over child support issues unless the State of Florida entered an objection by 5 December 2007. He then ordered my ex to provide myself and the court with his two most current paystubs by 2 Nov 2007. He also said he needed to provide health insurance that is usable in Alaska by the same date and if not, he will be ordered to pay 100% of my premium for the children.

I had asked for a modification of visitation requiring my ex to re-establish a parent child relationship since he had not seen them in 3 years (they were 3, 5 and 6 at the last visit). In regards to all motions, here is the verbage from the order:

"Each party had filed a motion to modify custody or visitation. The parties clarified that all each wants if for McNeil to visit his children in person. Therefore, they agreed that McNeil may visit the children in Alaska upon giving 30 days notice of his arrival and schedule. The parameters of the visitation, for example, how much school the children may miss, are to be arranged by the parties. If they cannot agree, then a party may seek the Court's assistance by a motion. In light of that agreement, all motions to modify custody or visitation are DENIED as moot."

The judge denied my ex's motion for attorney's fees.

I feel much better. The judge even told his attorney..."it sounds like someone isn't giving accurate facts" when she told him what my ex had told her. I am so glad I didn't listen to my Florida attorney about not needing to go to the hearing. The judge did put in his order that I attended and my ex did not...so Casa, thank you so much for confirming my gut feeling...

will keep everyone updated as to what happens from here.