Admissible Legal Statements

[delayjf]

What is the name of your state? California

6 months ago, I took my exhusband back to court to get back child support due to me after the father kicked my youngest son out of his house (joint custody). But in the pre-trail meeting with their attorney, my son stabbed me in the back claiming that he'd only lived with me a "short time". Not the 18 months that he actually did live with me.

Now he's in a bad spot finacially and is living with me again. But I told him that in order for him to move in, he'd have to sign a paper acknowleging that he did in fact live with me those 18 months.

What kind of document should I have him sign that will hold up in court??? Is it necessary to have it notarized?? or Just have somebody witness his signature??? I want this to stand up in court. But I do have other evidense as to his living with me. But this seems like a sure thing.

 

[BL]

Don't expect to JERK the Court and X around ?

Why are you Giving your son directions ?

The only document i'd be giving him is the un documented one, that's " Either get a Job and pay your own way " or " GET OUT and stand on your own two feet ".

 

[stealth2]

How old is this kid? In all honesty, he shouldn't be put in the middle of the crap you and Dad are slinging around - you should have been able to prove that he was living with you w/o his getting involved.

 

[oberauerdorf]

OH BROTHER!!!

Will someone PLEASE start the big earthquake. Things are really getting out of hand on the "Left Coast"

 

[JETX]

I agree. You are putting your son in the middle of your adult crap..... and that is NOT a good place to put him.

And by trying to FORCE him to sign some stupid document supporting your claim, you are forcing him to make a decision that no person should have to make..... to take sides between his parents.

Forget about what happened before. It is old news. If you are concerned that he may dispute his 'new' movein date, you could simply draw up a docuement saying "Son moved into (address) to live on (date)." and ask him to sign it. Leave out all the old crap.

 

[delayjf]

The only document i'd be giving him is the un documented one, that's " Either get a Job and pay your own way " or " GET OUT and stand on your own two feet ".

I agree, as of today, he is working. Had I naught taken him in, he'd be out in the street. Call me sentimental , but I love my son.

Don't expect to JERK the Court and X around ?

I'm not trying to jerk anyone around. My case never made it to court because the meeting with his attorneys were my son turned on me happened the day before the court date. My attorney assumed we then had no chance and told me to drop it.

How old is this kid? In all honesty, he shouldn't be put in the middle of the crap you and Dad are slinging around - you should have been able to prove that he was living with you w/o his getting involved.

He just turned 20. So he's no child. I don't like dragging him into this either, but he took sides when he sided with his dad and lied about were he had been living. Now, I do have work applications, banking records, testimony of my neibors that he lived there and the fact that my EX did not claim him as a dependant for those same two years. How would this stack up against his testimony that he was living with his father. Can he be forced to testify either way, if not, I'd be happy with that.

you are forcing him to make a decision that no person should have to make..... to take sides between his parents.

All I want is for him to acknowledge the truth, he's no child and it was his dad that kicked him out and won't have anything to do with him now.

I forgot to mention, that he also has a 18 month old daughter that I'm support now as well. Once again, my EX won't have anything to do with either of them.

OH BROTHER!!!
[Will someone PLEASE start the big earthquake. Things are really getting out of hand on the "Left Coast/QUOTE]

don't you have anything better to do???

Judgements on my involving my son aside, will an affidavite be admissible in family court.

 

[oberauerdorf]

It's worthless. PERIOD!

How's that for legal advice.

Now where is that earthquake I ordered

 

[BL]

6 months ago, I took my ex husband back to court to get back child support due to me after the father kicked my youngest son out of his house (joint custody). [ quote ]

Sorry you do-NOT have Joint Custody any longer .

And you should have told the truth, the whole truth, so help you _ _ _ .

Your Attorney advised you well, drop it .

A horse is a horse of course.

An X is an X of course, unless you carry it on and on and on like energizers .

You want some back support take it to civil claims, get it reduced to Judgment .

You want revenge ? Just drop it . Then Maybe Dad and son will and the Grand will get along ??

Shake rattle & roll ..

 

[stealth2]

Something in your story makes absolutely no sense. How old was your son when he came to live with you? If he was under 18 - why did you not file for support THEN? Six months ago, he was 19, and therefore over the age for support anyway.

 

[kbudd]

College or job?

Is your son in college? And does he have a full time job, if not in college?

If both of these answers are no, then you are setting yourself up for plenty of heart ache.

If you don't let them fail as a young adult, then when they become adults their failures will be much greater. And there is the possibility that you will not be able to bail them out of it.

 

[nextwife]

He's playing both parents. He already has child support responsibilities - which he is leaving for Mom to pay. This is not a good snapshot. He needs a swift kick in backside to take responsibility for his education AND himself.

 

[delayjf]

Sorry you do-NOT have Joint Custody any longer .,And you should have told the truth the whole truth, so help you .
Your Attorney advised you well, drop it .

Not sure what you mean when you say I don't have Joint custody. The reason my attorney told me to drop the case was that the hearing was the next day and with no proof or the time to collect the evidense, he felt it was a waste of time. At no time did my attorney tell me that I had no basis for asking for Child support, period. The court awarded me child support for each child residing with me. So what truth have I left out that would now change that. Or are you telling me my attorney lied when he told me I was intitled to Child support when he assumed that in fact my son was living with me.

Something in your story makes absolutely no sense. How old was your son when he came to live with you? If he was under 18 - why did you not file for support THEN? Six months ago, he was 19, and therefore over the age for support anyway

He was 16 when he moved in. The Court awarded CS until the age of 18 or until he graduated HS. He still has not. I filed when I had the money to hire an attorney. I live in a one bedroom apt and was making about 35,000 a year before taxes. Again according to the judgement, I was intitled to CS if he resided with me, so what I was really seeking was back child support.

It's worthless. PERIOD!How's that for legal advice.
Now where is that earthquake I ordered

Now that's something I can use, I believe if your check the news, you got your earthquake last night.

 

[kbudd]

He is 20 and never graduated from HS? Why doesn't he get a GED?

 

[stealth2]

I think it's time for the "boy" to be on his own.

As for the back CS - you should have had the proof you needed showing he resided with you when you went to court. These hearings aren't scheduled on a moment's notice, so you should have had ample time to pull together the evidence w/o relying solely on your son. I'm sorry, but I can't imagine an attorney not telling you to have all that evidence together for court.

 

[delayjf]

Stealth2

We (my attorney and I) had no idea that my son was going to lie about this. To me it was an indesputable fact and we were simply blindsided by his statement.

After that my attorney never even asked me if I was telling the truth or if I had any proof. I think he believed I lied to him and just gave up.

Again, I'm not letting him live with me for his sake, I have an 18 month granddaughter to consider also. Don't ask where the mother is, it's a long story.

If an affidavite won't do the trick, what will? Here is the evidense I do have as to his residence.

- School records show he was living with me.
- Work records showing my address
- Banking records showing my address.
- My neibors are willing to testify that they saw him at my apartment on a daily basis and to their knowledge he was living there.
- My tax records showing that I had claimed him as a dependant in the years in question. Obviously, if my EX had claimed him as well, the IRS would have questioned one or both of us. That never happened.

Is this enough??