Served AGAIN

[TinkerBelleLuvr]

Is there some way - I'm stretching here - that I can STOP him from these continuous, repeatedly denied requests??? I cannot tell you how many times in the past 5 months that I've had to goto court on ridiculous matters - now he is repeating already denied requests.
This is costing me huge payroll deductions from the hours missed - which is hurting our home financially - I've not had ONE month since July that has been uninterrupted by court hearings... mostly on HIS motions.

Request that the court sanction him with what your net would have been had you NOT been in court Are you paying for an attorney, or going pro se? If with an attorney, also ask for attorney fees, parking costs, whatever other 'costs' you have

 

[yolandanewell]

Pro se....

I'll get the accountant at my office on that one right away - at his pretrial hearing (set for 8:30 am) we were waiting and waiting and waiting for his PD to show (another attorney had revealed her whereabouts to the judge when her lack of presence was questioned.. she was in another courtroom)... finally at 11:30 am I went into the hallway and phoned her office (she approached me at the hearing prior to the pretrial hearing, gave me her phone number and wanted me to call her which is how I got her number)... she was actually in her office and when she showed to court she admitted that she forgot about the case even being on the docket!!!

GRRRRRRRRRRRRRRRRRRRRRRR

 

[CourtClerk]

Not necessarily. He is not required to go through them to request a modification. They will get the results of the modification. Also, he is including issues in his request for a modfication that they wouldn't handle anyway.

Sorry, I may have to take issue with this response. Actually, he very well may have to serve CSSD with the modification, depending on a couple of things, mainly... who started the case? In the case where someone goes to CSSD and opens a case with them to collect CS, the parties to the action are CSSD vs. NCP (or paying parent). The collecting parent is added to the case post judgment as a courtesy AND because the system needs to correlate parent with NCP, but if the case still remains CSSD v. (YolandaNewells's Stupid Ex) then yes, CSSD MUST be served with a copy of the modification.

 

[MrsK]

Is there some way - I'm stretching here - that I can STOP him from these continuous, repeatedly denied requests??? I cannot tell you how many times in the past 5 months that I've had to goto court on ridiculous matters - now he is repeating already denied requests.
This is costing me huge payroll deductions from the hours missed - which is hurting our home financially - I've not had ONE month since July that has been uninterrupted by court hearings... mostly on HIS motions.

I think that you can. I am not sure what its called but I think I've heard of ppl doing that before, not sure about your state.

It certainly can not hurt to ask the judge to warn him about it at the very least.

 

[yolandanewell]

Sorry, I may have to take issue with this response. Actually, he very well may have to serve CSSD with the modification, depending on a couple of things, mainly... who started the case? In the case where someone goes to CSSD and opens a case with them to collect CS, the parties to the action are CSSD vs. NCP (or paying parent). The collecting parent is added to the case post judgment as a courtesy AND because the system needs to correlate parent with NCP, but if the case still remains CSSD v. (YolandaNewells's Stupid Ex) then yes, CSSD MUST be served with a copy of the modification.

When I phoned them yesterday morning she didn't seem too concerned that he didn't send them the paperwork... I faxed them over to her and she said that their office will be there. I will be requesting that the child care/health care coverage be factored into a money judgment somehow - she said if I can get this accomplished then they can collect that money from him as well.

 

[OhReally?]

Is there some way - I'm stretching here - that I can STOP him from these continuous, repeatedly denied requests??? I cannot tell you how many times in the past 5 months that I've had to goto court on ridiculous matters - now he is repeating already denied requests.

This is costing me huge payroll deductions from the hours missed - which is hurting our home financially - I've not had ONE month since July that has been uninterrupted by court hearings... mostly on HIS motions.

Yes you can. It's called Sanctions and you can file a motion for sanctions (w/hearing requested) because he is filing frivolous motions and wasting people's time and money. What you need to do is look up your court rules and state rules of procedures, as either one or both of these will spell out what is considered frivolous. You might even want to get some case law to cite, as well. Ask the court to for damages for work/pay lost, travel time, compensatory AND punitive damages along with other damages the court sees fit.

Usually people are clueless -- thinkign they can file whatever the heck they want without recourse. Many people don't realize that they can be brought up on filing frivolous motions. Also, when he files these dumbassed motions, don't be afraid to file a Motion to Dismiss With Prejudice and explain why, citing court rules, rules of procedure and/or previous rulings by the court. Always remember to ask that the other party be taxed completely for all costs.

 

[yolandanewell]

Also, when he files these dumbassed motions, don't be afraid to file a Motion to Dismiss With Prejudice and explain why, citing court rules, rules of procedure and/or previous rulings by the court.

Do I file this with the response to his most recent OSC or is this a seperate filing?

 

[LdiJ]

Do I file this with the response to his most recent OSC or is this a seperate filing?

In this particular case I don't think that you should make that kind of motion. The current response you have written addresses issues that will lead the judge to believe that dad is getting frivilous, but the judge may not be able to regard him as frivilous this particular hearing since he is no longer employed.

However, this hearing should also set the stage, if he files something else in a short amount of time, for the judge to agree that he is being frivilous that time.

 

[yolandanewell]

Thank you LDJ... he is unemployed now... however when he FILED this OSC he was still employed --- meaning... (one of the points he was asking for was the dumbest I've ever heard) he was asking (after already having been told NO by the judge) for me to leave work in the middle of the afternoon - pick baby up from daycare - travel south 1/2 hour all the while dad gets off work at 2 pm 7 blocks away from where I work - so he would travel south 1/2 hour - gather baby and then he would turn around and travel back NORTH 1/2 hour to a destination about 2 miles away from our home while I travel back north 1/2 hour and return to my office - he would exercise his visitation - then travel back south 1/2 hour while I travel south 1/2 hour - gather baby and then she and I would turn around and travel back north 1/2 hour - again to land about 2 miles away from where she and dad started...

Just had to lay that one out for one of those "dumb human tricks"