deposition ques. for LB,LB2 or any other takers

Fl, served papers yesterday, thought I was getting exceptions to commissioner's recommendation on preventing
the CP from leaving florida (their deadline was yesterday)
Instead, received notice of deposition and motion to enforce
marital settlement agreement financial issues unrelated to
child support. The financial stuff is old news and I can
easily dispute it; my question concerns my thoughts that this move by her attorney is retaliatory, that they know they lost the relocate battle and they're looking for ammo
to negotiate with later because they really want this kid
working in NY. Do I have a leg to stand on in seeking to
kill the deposition. If I supply them with the financial
paperwork they requested why do they need to depose me?
This is the start of the serious money they have trying to
browbeat me and I really am not interested in getting abused and harrassed at their offices. You remember that I'm doing this pro se and if I could afford an attorney even
for a day I might need one at this inquisition they have planned. As always all and any advice is appreciated. (They also demanded that I get a Get, 7 years after the civil divorce)

jyoung said:

Fl, served papers yesterday, thought I was getting exceptions to commissioner's recommendation on preventing
the CP from leaving florida (their deadline was yesterday)
Instead, received notice of deposition and motion to enforce
marital settlement agreement financial issues unrelated to
child support. The financial stuff is old news and I can
easily dispute it; my question concerns my thoughts that this move by her attorney is retaliatory, that they know they lost the relocate battle and they're looking for ammo
to negotiate with later because they really want this kid
working in NY. Do I have a leg to stand on in seeking to
kill the deposition. If I supply them with the financial
paperwork they requested why do they need to depose me?
This is the start of the serious money they have trying to
browbeat me and I really am not interested in getting abused and harrassed at their offices. You remember that I'm doing this pro se and if I could afford an attorney even
for a day I might need one at this inquisition they have planned. As always all and any advice is appreciated. (They also demanded that I get a Get, 7 years after the civil divorce)

Click to expand...

Do you owe alot of money from the marital settlement? Ibelieve that they may have outrun the statute of limitations on upholding those orders. Can you give a little more detail? Like have you been paying the bills? Was there any effort to collect on them prior to this filing?

OK, here's details: In order to get away from this person and cut the ties, her attorney (I had none) drew up paperwork that gave her the house, the business which her father had financed but I worked in solely for two+ years.
The business started failing (not my fault, key clients for this office tower cafe began downsizing and moving out) To
keep the biz solvent I utilized "family" money, the final
agreement required me to "pay back" her uncle (2500.) her father (2500.) and my daughter (3000.00). There has been no attempt to collect this money since then (94) as I told
the ex when the child started public kindergarten that I would not go to court to reduce child support payments that
broke down as follows: 408.00 child support 140. day or after care 40. insurance. I have since day one paid for the
childs insurance through my work or directly and I felt that since the kid was in school that the 140. daycare per month should be applied to the debt. This was a verbal agreement that my current fiancee of six years can testify to. Let me know what you think. 2 other things:
1. Can a government court "order" a religious procedure? i.e. sep. of church and state
2. If I can't squash the deposition I have a trick of my own up my sleeve... since day one she has not been willing
to tell me how much money my daughter has earned (and its a
lot) nor the dispensation of same, the expenses, the CP's
cut, etc. Bet if I produce my own request for documents theirs will quickly go away.... I've been told that a minor's income in these matters is considered joint property
especially in shared parental custody situations. Not my
intent to try to get money from my kid, just to know its there for her college would be nice though. By the way I'm back in Texas this week visiting Dad

jyoung said:

OK, here's details: In order to get away from this person and cut the ties, her attorney (I had none) drew up paperwork that gave her the house, the business which her father had financed but I worked in solely for two+ years.
The business started failing (not my fault, key clients for this office tower cafe began downsizing and moving out) To
keep the biz solvent I utilized "family" money, the final
agreement required me to "pay back" her uncle (2500.) her father (2500.) and my daughter (3000.00). There has been no attempt to collect this money since then (94) as I told
the ex when the child started public kindergarten that I would not go to court to reduce child support payments that
broke down as follows: 408.00 child support 140. day or after care 40. insurance. I have since day one paid for the
childs insurance through my work or directly and I felt that since the kid was in school that the 140. daycare per month should be applied to the debt. This was a verbal agreement that my current fiancee of six years can testify to. Let me know what you think. 2 other things:
1. Can a government court "order" a religious procedure? i.e. sep. of church and state
2. If I can't squash the deposition I have a trick of my own up my sleeve... since day one she has not been willing
to tell me how much money my daughter has earned (and its a
lot) nor the dispensation of same, the expenses, the CP's
cut, etc. Bet if I produce my own request for documents theirs will quickly go away.... I've been told that a minor's income in these matters is considered joint property
especially in shared parental custody situations. Not my
intent to try to get money from my kid, just to know its there for her college would be nice though. By the way I'm back in Texas this week visiting Dad

Click to expand...

*S* Well you probably do not want to hear this, but have you considered filing bankruptcy? (Just kidding)
well, how about a loan to pay it in full?

I would definitely request to see the childs earning records, because you are right. It is considered joint property, and if the ex is using the money to support herself then you have a right to know what the income is and how it is being spent.

I would definitely look into going down that road if I were you.

As for the Gov't court ordering a religious procedure, not too sure about that. Would depend on what context.

How is your dad doing? *S* how do ya like our cold spell?

so you think statute of limitations wouldn't come into play?

Dad is good, had two rounds of chemo so far and is feeling
nothing and enjoying life.

Fish are not biting in the Guadalupe River even though they
just stocked trout last week so we're hoping for a warming trend before the weekend.

And yes the ex will freak when I officially request all pertinenet documents on kids income, hell I might even subpoena records from her agents as well

They don't want to back me into a corner, esp. with my concern about PAS taking place....

Oh yeah, the religious procedure is a Jewish divorce, a Get.
See I never got a get, I was gonna get a get but since she
got everything else she was getting I just didn't find the time to get a get, plus the rabbi gets money for getting the get done. Maybe I was hoping she would forget about the get. Oh well, love to make a federal case out of that one

jyoung said:

so you think statute of limitations wouldn't come into play?

Dad is good, had two rounds of chemo so far and is feeling
nothing and enjoying life.

Fish are not biting in the Guadalupe River even though they
just stocked trout last week so we're hoping for a warming trend before the weekend.

And yes the ex will freak when I officially request all pertinenet documents on kids income, hell I might even subpoena records from her agents as well

They don't want to back me into a corner, esp. with my concern about PAS taking place....

Oh yeah, the religious procedure is a Jewish divorce, a Get.
See I never got a get, I was gonna get a get but since she
got everything else she was getting I just didn't find the time to get a get, plus the rabbi gets money for getting the get done. Maybe I was hoping she would forget about the get. Oh well, love to make a federal case out of that one

Click to expand...

Oh my.... LOL, you didn't get the get??

Sorry, found that funny... I am supposing her concern with the get may have something to do with new engagement? Hmm, possibly she isn't considered divorce by Jewish faith? Cannot get married again and have it recognized under her faith??


You are soo bad..

Good luck on the warming trend, even when it is sunny outside I am freezing cold... my feet havent warmed up in months and my hands are always like they just came out of a freezer. I believe it might have something to do with my back, not sure.. but never wwas like this before..

Hope your dad is enjoying life and taking it easy..

I would definitely request to see the childs earning records, because you are right. It is considered joint property, and if the ex is using the money to support herself then you have a right to know what the income is and how it is being spent.

I would definitely look into going down that road if I were you.

As you are the reigning queen of state statutes, when you "GET" a chance can you find where the above is addressed in Florida's...I ran a search but couldn't find
anything specific re. joint property, etc. I'm thinking now I can make a motion for reduced child support (and put
away the extra for my kid)just to add fuel to this fire she's started...

Guadlupe River

Nothing legal, I just have to know where about on the Guadlupe River, it runs right through my ranch and I don't catch a thing either, didn't hear anything about stocking it with the trout.

Going to list the links and the statutes that apply as follows:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC397.HTM&Title=->2000->Ch0744->Section 397


(3) If the ward is a minor and the ward's parents are able to care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward's property unless directed or authorized to do so by the court.

History.--s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 66, ch. 89-96; s. 50, ch. 90-271; s. 1099, ch. 97-102.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC361.HTM&Title=->2000->Ch0744->Section 361


DOMESTIC RELATIONS Chapter 744
Guardianship View Entire Chapter

744.361 Powers and duties of guardian.--

(1) The guardian of an incapacitated person may exercise only those rights that have been removed from the ward and delegated to the guardian. The guardian of a minor shall exercise the powers of a plenary guardian.

(2) The guardian shall file an initial guardianship report in accordance with s. 744.362.

(3) The guardian shall file a guardianship report annually in accordance with s. 744.367.

(4) The guardian of the person shall implement the guardianship plan.

(5) When two or more guardians have been appointed, the guardians shall consult with each other.

(6) A guardian who is given authority over any property of the ward shall:

(a) Protect and preserve the property and invest it prudently as defined in s. 737.302, apply it as provided in s. 744.397, and account for it faithfully.

(b) Perform all other duties required of him or her by law.

(c) At the termination of the guardianship, deliver the property of the ward to the person lawfully entitled to it.

(7) The guardian shall observe the standards in dealing with the guardianship property that would be observed by a prudent person dealing with the property of another, and, if the guardian has special skills or is named guardian on the basis of representations of special skills or expertise, he or she is under a duty to use those skills.

(8) The guardian, if authorized by the court, shall take possession of all of the ward's property and of the rents, income, issues, and profits from it, whether accruing before or after the guardian's appointment, and of the proceeds arising from the sale, lease, or mortgage of the property or of any part. All of the property and the rents, income, issues, and profits from it are assets in the hands of the guardian for the payment of debts, taxes, claims, charges, and expenses of the guardianship and for the care, support, maintenance, and education of the ward or the ward's dependents, as provided for under the terms of the guardianship plan or by law.

History.--s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 45, ch. 89-96; s. 29, ch. 90-271; s. 1084, ch. 97-102.

Note.--Created from former ss. 744.48, 744.49.





These are in relation to a guardian approving contracts for minor child:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0743/SEC09.HTM&Title=->2000->Ch0743->Section 09


Read this one very closely:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0743/SEC095.HTM&Title=->2000->Ch0743->Section 095


Last but not least.....


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC301.HTM&Title=->2000->Ch0744->Section 301

Title XLIII
DOMESTIC RELATIONS Chapter 744
Guardianship View Entire Chapter

744.301 Natural guardians.--

(1) The mother and father jointly are natural guardians of their own children and of their adopted children, during minority. If one parent dies, the natural guardianship shall pass to the surviving parent, and the right shall continue even though the surviving parent remarries. If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded. If the parents are given joint custody, then both shall continue as natural guardians. If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither shall act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.

(2) The natural guardian or guardians are authorized, on behalf of any of their minor children, to settle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any of said minor children and to collect, receive, manage, and dispose of the proceeds of any such settlement and of any other real or personal property distributed from an estate or trust or proceeds from a life insurance policy to, or otherwise accruing to the benefit of, the child during minority, when the amount involved in any instance does not exceed $5,000, without appointment, authority, or bond.

(3) All instruments executed by a natural guardian under the powers provided for in subsection (2) shall be binding on the ward.

(4)(a) In any case where a minor has a claim for personal injury, property damage, or wrongful death in which the gross settlement for the claim of the minor equals or exceeds $10,000, the court may, prior to the approval of the settlement of the minor's claim, appoint a guardian ad litem to represent the minor's interests. In any case in which the gross settlement involving a minor equals or exceeds $25,000, the court shall, prior to the approval of the settlement of the minor's claim, appoint a guardian ad litem to represent the minor's interests. The appointment of the guardian ad litem must be without the necessity of bond or a notice. The duty of the guardian ad litem is to protect the minor's interests. The procedure for carrying out that duty is as prescribed in the Florida Probate Rules. If a legal guardian of the minor has previously been appointed and has no potential adverse interest to the minor, the court may not appoint a guardian ad litem to represent the minor's interests, unless the court determines that the appointment is otherwise necessary.

(b) Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement.

History.--s. 1, ch. 74-106; s. 8, ch. 75-166; s. 7, ch. 75-222; s. 1, ch. 77-190; s. 3, ch. 79-221; s. 17, ch. 89-96; s. 22, ch. 92-200; s. 66, ch. 95-211; s. 73, ch. 97-170.

Note.--Created from former s. 744.13.


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0744/SEC3021.HTM&Title=->2000->Ch0744->Section 3021



http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0747/SEC035.HTM&Title=->2000->Ch0747->Section 035

Title XLIII
DOMESTIC RELATIONS Chapter 747
Conservatorship View Entire Chapter

747.035 Rights, powers, and duties of conservator.--

(1) The conservator shall have all the rights, powers, and duties of a guardian of the property as established in chapter 744 and an absentee and an absentee's dependents shall be entitled to all benefits accruing to a ward or a ward's dependents under said chapter.

(2) The circuit court shall have the same responsibility as to a conservatorship as it has with respect to the guardianship of the property under said chapter.

History.--s. 10, ch. 71-103; s. 32, ch. 73-334; s. 70, ch. 95-211.





Main Statutes page for Florida:**Note, divorce custody type statutes are listed under Title VI Civil Practice and Procedure.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XLIII#TitleXLIII


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XLIII#TitleXLIII

you are the best (good thing I'm on vacation, lots of reading to do)

and to the rancher in texas, my folks live in Kerrville,
on January 16 they stocked 2000 rainbow and browns, where
they are hiding is the question of the day -- I've got a Cohiba cigar for you if you've got horses I can ride instead

Reply to jyoung

Our place is outside Seguin, sorry but we sold the horses just before we moved here to Japan for a short stint. Plan to purchase more when we move back. We buy, retired Arabian race horses and train them to work cattle, just because I was told it couldn't be done. You have to have a good butt in the saddle for these babies. Good Luck on your fishing, we'll be back in May to try our hand at it again.

ok, we found the fish today but tonight its back to the books...I've got as a gameplan the following:

Since the ex apparently is not going to stipulate that my
"overpayment" of CS was towards the marital debt, I'll have to try to prove that to the judge. My ex's attorneys have
served me with interrogatories and notice of deposition, so
I'm countering with a motion to reduce the child support
along with her interrogatories, financial statement, etc.
I can't do a depo since that will cost too much, but I need
to know how to request financial info on the kids earnings?
Do I simply add that to the request for documents by the
ex or do I file seperately for the child? I also want to
subpoena the records of employment directly from my childs agents, but I'll wait to see the response on the motion.

Regarding the PAS I know is happening, I found forms requesting guardian ad litem but can't find anything requesting a psych evaluation. Also is a "reguest for
production of documents" the same as the interrogatory?

LadyBlu-- looks like you had quite the day while I was
enjoying the fishing.....You go girl

jyoung said:

ok, we found the fish today but tonight its back to the books...I've got as a gameplan the following:

Since the ex apparently is not going to stipulate that my
"overpayment" of CS was towards the marital debt, I'll have to try to prove that to the judge. My ex's attorneys have
served me with interrogatories and notice of deposition, so
I'm countering with a motion to reduce the child support
along with her interrogatories, financial statement, etc.
I can't do a depo since that will cost too much, but I need
to know how to request financial info on the kids earnings?
Do I simply add that to the request for documents by the
ex or do I file seperately for the child? I also want to
subpoena the records of employment directly from my childs agents, but I'll wait to see the response on the motion.

Regarding the PAS I know is happening, I found forms requesting guardian ad litem but can't find anything requesting a psych evaluation. Also is a "reguest for
production of documents" the same as the interrogatory?

LadyBlu-- looks like you had quite the day while I was
enjoying the fishing.....You go girl

Click to expand...

Hey,
ohhh yes, been a heckuva day.. but I am still here.

The interrogatories are questionairres that atty's use to see if they can get you to slip up somewhere. So the request for production of documents is different.

As for the subpeonaing the childs earnings, you need to request that your ex provide it in her reply, and also make a seperate request for your daughter to submit it.

I would go ahead and subpeona the agents records also.

Now you do realize that since this is a matter of personal finances that these wage earning statements and such will go directly to the judge. You personally will not have access to them unless they do rule in your favor. (I believe, nto absolutely correct) I know this rule applies to the ex's financial statements but since we are talking about a minor child and you are a parent it may be different.


Hope this helps some, I posted a message for either you or jjelly to see if one of you could help this man and lead him to the documents he needs for FL.

Thanks..

From the guardianship links you sent last night, I believe
I can request the info on my daughter's earnings as it is
community property etc. under the shared joint custody.
Because the ex takes a cut as her only (that I know of) income, those documents will show what her "earnings" are and what kind of expenses have been covered.
Believe me she doesn't want to go down this road so I may
have a hell of a bargaining chip.

Still no paperwork at home re. the appeal of the injunction
to relocate out of state-- maybe they realized they didn't have a case after all and all this financial deposition and
demand are their chips.

Wonder how much a Get is worth? This is turning into a high stakes poker game.

p.s. florida forms don't include a "Request for Production of Documents" in family law category-- might I find a template elsewhere-- contract law or someplace?

jyoung said:

From the guardianship links you sent last night, I believe
I can request the info on my daughter's earnings as it is
community property etc. under the shared joint custody.
Because the ex takes a cut as her only (that I know of) income, those documents will show what her "earnings" are and what kind of expenses have been covered.
Believe me she doesn't want to go down this road so I may
have a hell of a bargaining chip.

Still no paperwork at home re. the appeal of the injunction
to relocate out of state-- maybe they realized they didn't have a case after all and all this financial deposition and
demand are their chips.

Wonder how much a Get is worth? This is turning into a high stakes poker game.

p.s. florida forms don't include a "Request for Production of Documents" in family law category-- might I find a template elsewhere-- contract law or someplace?

Click to expand...

You may be able to get that form from the District Clerks office. Or just use the subpeona.
I believe that was what jjelly did, or was going to, to get proof of her ex's income.