Child custody reversed; questions about support payments

[rur727]

What is the name of your state (only U.S. law)? Hawaii

What is the name of your state (only U.S. law)? Hawaii

(Not getting into too many specifics) Ex was awarded full physical custody (joint legal) when we were divorced almost a year ago. I am in the military and was getting ready to go on a deployment. at the time, I felt I would've been a better parent parent for my kids, but it was a losing battle due to me getting ready to deploy. Fast forward to now, I recently took her back to court, and the judge reversed Child custody to me having full legal/physical custody. She opted not to show up to court, and I believe it was based of all the exhibits I provided to the court; living conditions of the minor kids, school issues, as well as meeting their medical needs.

My questions are:
1. The court document that was mailed to the courts this week does have it to where I know longer pay child support (It is currently being auto-garnished from my pay). How long will it take for CSEA (Child Support Enforcement Agency), once the judge signs/seal it, to stop the garnishment? I currently live in a studio and am looking for a bigger place for me and the kids now that I am the Custodial Parent. Can I just bring the signed court documents to my payroll department and get that process started sooner?
2. If it's too late to stop the garnishment next month, will I get back that money somehow from my ex without having to go back to court?
3. The court document does not have her paying child support. She currently still does not work, moved back to her mom's and using the alimony and child support payments to support her habits/needs. How does CSEA figure out, once I apply for her to start paying child support, the amount she has to pay for child support?
4. Lastly, (off the topic a little), my lawyer informed me she has 10 days to argue the decision. But before that, she has to explain to the judge why she failed to showed up in court. She called my lawyer and left a message saying she thought it was 2 days later (My lawyer advised me not to say anything to her). I did Google "valid reasons to miss a court date after being served," and her thinking it was 2 days later was not a valid reason. So my question is, am I planning my future with my kids (moving, transferring them to a new school, getting them stabilized, etc) to soon to execute? Should I wait until after the 10 days to make it official; and then start executing my "Single father of 2 boys" checklist?

Sorry for having a lot of questions. I'm alone out here in Hawaii, with my 2 young boys as my only family on active duty. I'm so happy I got my boys, but at the same time I have all these questions (This post being one of several). I have many more, but it has more to do with single father parenting; I got to find another forum for those questions .

-Thanks for the time, and request a response at your earliest convenience.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Hawaii

What is the name of your state (only U.S. law)? Hawaii

(Not getting into too many specifics) Ex was awarded full physical custody (joint legal) when we were divorced almost a year ago. I am in the military and was getting ready to go on a deployment. at the time, I felt I would've been a better parent parent for my kids, but it was a losing battle due to me getting ready to deploy. Fast forward to now, I recently took her back to court, and the judge reversed Child custody to me having full legal/physical custody. She opted not to show up to court, and I believe it was based of all the exhibits I provided to the court; living conditions of the minor kids, school issues, as well as meeting their medical needs.

My questions are:
1. The court document that was mailed to the courts this week does have it to where I know longer pay child support (It is currently being auto-garnished from my pay). How long will it take for CSEA (Child Support Enforcement Agency), once the judge signs/seal it, to stop the garnishment? I currently live in a studio and am looking for a bigger place for me and the kids now that I am the Custodial Parent. Can I just bring the signed court documents to my payroll department and get that process started sooner?
2. If it's too late to stop the garnishment next month, will I get back that money somehow from my ex without having to go back to court?
3. The court document does not have her paying child support. She currently still does not work, moved back to her mom's and using the alimony and child support payments to support her habits/needs. How does CSEA figure out, once I apply for her to start paying child support, the amount she has to pay for child support?
4. Lastly, (off the topic a little), my lawyer informed me she has 10 days to argue the decision. But before that, she has to explain to the judge why she failed to showed up in court. She called my lawyer and left a message saying she thought it was 2 days later (My lawyer advised me not to say anything to her). I did Google "valid reasons to miss a court date after being served," and her thinking it was 2 days later was not a valid reason. So my question is, am I planning my future with my kids (moving, transferring them to a new school, getting them stabilized, etc) to soon to execute? Should I wait until after the 10 days to make it official; and then start executing my "Single father of 2 boys" checklist?

Sorry for having a lot of questions. I'm alone out here in Hawaii, with my 2 young boys as my only family on active duty. I'm so happy I got my boys, but at the same time I have all these questions (This post being one of several). I have many more, but it has more to do with single father parenting; I got to find another forum for those questions .

-Thanks for the time, and request a response at your earliest convenience.

Are you still deployable?

Did the judge know when he granted you custody that you were going to uproot the children?

http://ag.hawaii.gov/csea/
http://www.courts.state.hi.us/self-help/courts/forms/oahu/child_support.html

 

[Zigner]

These are excellent questions to ask of your attorney who is very familiar with the operations of your local court and also the specific details of your case.

Good luck!

 

[Proserpina]

What is the name of your state (only U.S. law)? Hawaii

What is the name of your state (only U.S. law)? Hawaii

(Not getting into too many specifics) Ex was awarded full physical custody (joint legal) when we were divorced almost a year ago. I am in the military and was getting ready to go on a deployment. at the time, I felt I would've been a better parent parent for my kids, but it was a losing battle due to me getting ready to deploy. Fast forward to now, I recently took her back to court, and the judge reversed Child custody to me having full legal/physical custody. She opted not to show up to court, and I believe it was based of all the exhibits I provided to the court; living conditions of the minor kids, school issues, as well as meeting their medical needs.

My questions are:
1. The court document that was mailed to the courts this week does have it to where I know longer pay child support (It is currently being auto-garnished from my pay). How long will it take for CSEA (Child Support Enforcement Agency), once the judge signs/seal it, to stop the garnishment? I currently live in a studio and am looking for a bigger place for me and the kids now that I am the Custodial Parent. Can I just bring the signed court documents to my payroll department and get that process started sooner?
2. If it's too late to stop the garnishment next month, will I get back that money somehow from my ex without having to go back to court?
3. The court document does not have her paying child support. She currently still does not work, moved back to her mom's and using the alimony and child support payments to support her habits/needs. How does CSEA figure out, once I apply for her to start paying child support, the amount she has to pay for child support?
4. Lastly, (off the topic a little), my lawyer informed me she has 10 days to argue the decision. But before that, she has to explain to the judge why she failed to showed up in court. She called my lawyer and left a message saying she thought it was 2 days later (My lawyer advised me not to say anything to her). I did Google "valid reasons to miss a court date after being served," and her thinking it was 2 days later was not a valid reason. So my question is, am I planning my future with my kids (moving, transferring them to a new school, getting them stabilized, etc) to soon to execute? Should I wait until after the 10 days to make it official; and then start executing my "Single father of 2 boys" checklist?

Sorry for having a lot of questions. I'm alone out here in Hawaii, with my 2 young boys as my only family on active duty. I'm so happy I got my boys, but at the same time I have all these questions (This post being one of several). I have many more, but it has more to do with single father parenting; I got to find another forum for those questions .

-Thanks for the time, and request a response at your earliest convenience.

You might want to contact your attorney to clarify this:

Rule 72. APPEAL TO THE FAMILY COURT.
(a) How taken. Where a right of appeal to the family court is allowed by statute, any person or party allowed by statute may appeal from such decision, order or action by filing a notice of appeal in the family court having jurisdiction of the matter. As used in this rule, the term "appellant" means any person or party filing a notice of appeal, and "appellee" means every governmental body or official (other than a court) whose decision, order or action is appealed from, and every other party to the proceedings.
(b) Time. The notice of appeal shall be filed in the family court of the circuit court in which the appellant resides within 30 days of the preliminary ruling or within 30 days after the service of the certified copy of the final decision and order.
(c) Service. Promptly after filing the notice of appeal, the appellant shall serve a certified copy thereof upon each appellee.
(d) Record on appeal.
(1) Designation. The appellant shall, concurrently with filing the notice of appeal or within 10 days after filing the notice of appeal, prepare and present to the clerk of the court a designation, that shall specify the papers, transcripts, minutes, and exhibits that the appellant desires filed in the family court in connection with the appeal.

It seems that Mom has 30 days in which she can file a notice of appeal. She has an additional 10 days (if needed) to prepare and present the goodies to the court.

 

[rur727]

I am no longer deployable, turned down my eventual promotion and deployable status to take care of my boys. I do not intend on moving the kids out of state; just differ school due to the location I am at in Hawaii.

I stand corrected; 30 days is right with an additional 10 days to prepare. But where does my ex stand on missing her scheduled court hearing? She messaged my lawyer and informed him she though it was 2 days later.

 

[Proserpina]

I am no longer deployable, turned down my eventual promotion and deployable status to take care of my boys. I do not intend on moving the kids out of state; just differ school due to the location I am at in Hawaii.

I stand corrected; 30 days is right with an additional 10 days to prepare. But where does my ex stand on missing her scheduled court hearing? She messaged my lawyer and informed him she though it was 2 days later.

That really does spend on your judge. Some will give the party a second chance; some will not.

 

[latigo]

That really does spend on your judge. Some will give the party a second chance; some will not.

Pardon me for saying so, but the above response indicates a dearth of knowledge about the practice of family law. And in this respect totally misleading.

I cannot speak with any personal knowledge of the practice of this field of law in Hawaii, but generally in this country the standard of review in matters of a domestic nature is that the rulings in family court cases will not be disturbed on appeal unless there is a clear showing of an abuse of discretion by the court. Which in the absence of a strong showing of bias, is often defined as the failure to take into proper account the evidence and/or the decision patently displays an unreasonable disregard of settled precedent and judicial custom

And if you knew anything about the practice of law you would be quite conscious of the reluctance on the part of an appellate body to find that one of their ilk has violated his or her judicial office, unless the circumstances are exceptionally extreme. They lunch together, they party and get drunk together, the play golf together and lie about their handicaps.

Also, that a court of review does not weigh the evidence produced in the trial court. Its function in this respect (that is, disregarding matters of legal interpretations) is to find whether or not there is any substantial evidence to support the trial court's decision.

 

[LdiJ]

Pardon me for saying so, but the above response indicates a dearth of knowledge about the practice of family law. And in this respect totally misleading.

I cannot speak with any personal knowledge of the practice of this field of law in Hawaii, but generally in this country the standard of review in matters of a domestic nature is that the rulings in family court cases will not be disturbed on appeal unless there is a clear showing of an abuse of discretion by the court. Which in the absence of a strong showing of bias, is often defined as the failure to take into proper account the evidence and/or the decision patently displays an unreasonable disregard of settled precedent and judicial custom

And if you knew anything about the practice of law you would be quite conscious of the reluctance on the part of an appellate body to find that one of their ilk has violated his or her judicial office, unless the circumstances are exceptionally extreme. They lunch together, they party and get drunk together, the play golf together and lie about their handicaps.

Also, that a court of review does not weigh the evidence produced in the trial court. Its function in this respect (that is, disregarding matters of legal interpretations) is to find whether or not there is any substantial evidence to support the trial court's decision.

I think that using the word "appeal" in this instance is using the wrong term. This was a default judgment and its not unusual at all for a judge to re-open and re-hear a family law case that was decided on a default basis.

 

[rur727]

That really does spend on your judge. Some will give the party a second chance; some will not.

---------------
So let me get this straight, all the exhibits my lawyer and I submitted and entered to the judge (which I am assuming he reviewed), didn't factor in him making a judgement at court? He had someone call her 3x's first, and was going to have the hearing at a later date. He changed his mind and said that the exhibits from my kids doctor, school, and ex's landlord were "too compelling" to delay this any further and said he wanted to move forward.

So after all that was submitted into evidence, the judge is just going to accept my ex's excuse of thinking she thought it was two days later?

 

[Proserpina]

Pardon me for saying so, but the above response indicates a dearth of knowledge about the practice of family law. And in this respect totally misleading.

I cannot speak with any personal knowledge of the practice of this field of law in Hawaii, but generally in this country the standard of review in matters of a domestic nature is that the rulings in family court cases will not be disturbed on appeal unless there is a clear showing of an abuse of discretion by the court. Which in the absence of a strong showing of bias, is often defined as the failure to take into proper account the evidence and/or the decision patently displays an unreasonable disregard of settled precedent and judicial custom

And if you knew anything about the practice of law you would be quite conscious of the reluctance on the part of an appellate body to find that one of their ilk has violated his or her judicial office, unless the circumstances are exceptionally extreme. They lunch together, they party and get drunk together, the play golf together and lie about their handicaps.

Also, that a court of review does not weigh the evidence produced in the trial court. Its function in this respect (that is, disregarding matters of legal interpretations) is to find whether or not there is any substantial evidence to support the trial court's decision.

hi latigo! Haven't seen you around much. How was your Superbowl?

 

[stealth2]

So after all that was submitted into evidence, the judge is just going to accept my ex's excuse of thinking she thought it was two days later?

No one can tell you what the judge WILL do, but it is possible...

 

[Ohiogal]

---------------
So let me get this straight, all the exhibits my lawyer and I submitted and entered to the judge (which I am assuming he reviewed), didn't factor in him making a judgement at court? He had someone call her 3x's first, and was going to have the hearing at a later date. He changed his mind and said that the exhibits from my kids doctor, school, and ex's landlord were "too compelling" to delay this any further and said he wanted to move forward.

So after all that was submitted into evidence, the judge is just going to accept my ex's excuse of thinking she thought it was two days later?

Exhibits? Were they certified records? Was anyone from the school, doctor or landlord there to testify? How were they admitted?

 

[CJane]

Exhibits? Were they certified records? Was anyone from the school, doctor or landlord there to testify? How were they admitted?

And with Mom not there to object.

I think, if Mom has/hires an attorney, a new hearing is VERY likely.

 

[rur727]

Exhibits? Were they certified records? Was anyone from the school, doctor or landlord there to testify? How were they admitted?

-----------------
They were official attendance and grade records from my son's school, a letter written from the the principal as well as the counselor, my son's doctors medical record (that I had to get permission to pull from his medical clinic), and a letter written from my Ex's landlord. My lawyer requested to admit them as evidence and the judge granted it to him. He told me after that that was important that he requested that during the trial. So, I'm assuming that means they are certified records. I'm not sure; not legal savvy.

 

[rur727]

No one can tell you what the judge WILL do, but it is possible...

--------------------
I understand what you are saying; anything is possible obviously. I guess I'm going by what is most likely to happen based on the information that I have provided. I understand this isn't Criminal law where it's more black and white. Family law seems more like it depends on how the judge/court feels that day. Just my opinion.