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Finish to mother would like to change custody.
- Thread starter outhouse
- Start date
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Here is the latest update.
I have been subpoenaed for the last 5 years wages. Lucky I have been 100% truthful in what I have filed in my previous court docs.
I am making more money then last year but my work is seasonal and I do make the most money in the beginning of the year.
In March of 2013 her custody was cut from 37% to 32% and I never filed to have my child support lowered. I used the Ca CS calculator and with my raised income and her dropping custody percentage, my dollar amount is identical.
From what ive read, asking for the past 5 years tax returns amounts to harrassment but legal. The judge already warned her that a party could be found as a unfriendly parent if these court hearings continue.
As it stands, Friday ill be in for this pre trial confrence. I supose they will try and get her CS amount raised on top of trying to retrial custody.
Either way mom is spending a lot of someone else cash and may lose legal custody with these constant hearings the mediator also warned against in her report.
I have been subpoenaed for the last 5 years wages. Lucky I have been 100% truthful in what I have filed in my previous court docs.
I am making more money then last year but my work is seasonal and I do make the most money in the beginning of the year.
In March of 2013 her custody was cut from 37% to 32% and I never filed to have my child support lowered. I used the Ca CS calculator and with my raised income and her dropping custody percentage, my dollar amount is identical.
From what ive read, asking for the past 5 years tax returns amounts to harrassment but legal. The judge already warned her that a party could be found as a unfriendly parent if these court hearings continue.
As it stands, Friday ill be in for this pre trial confrence. I supose they will try and get her CS amount raised on top of trying to retrial custody.
Either way mom is spending a lot of someone else cash and may lose legal custody with these constant hearings the mediator also warned against in her report.
I have 68% custody and it is based on disparity of income, against said percetage.
She has chosen a low paying job and has refused all advancements. I tried having her wages attributed to a higher amount and have faild twice now a few years a part. She did take time off to travel and time off for all these court hearings, and the judeg did attribute her pay higher, to the normal amount.
In the last hearing she is going to quit her job to become a full time mother to her new child due in Sep. Since she has been making close to he same for almost 10 years, im pretty sure the judge will keep the current attributed amount in place.
OHRoadwarrior
Senior Member
Make sure you specifically request her income be imputed, due to her willful unemployment. Request it have automatic pay raises imputed also, for ****z n giggles.
Went to the self help section again in the Courthouse.
My up and coming hearing is in fact a evidentiary hearing.
The judge last year told the mother while she may have that right it wont change anything.
I might be able to show harassment since mother was warned already about the outcome. But since she has the right I might not get sanctions.
The lady at the help center did say it was obvious the Mothers lawyer is just trying to milk as much money as she can out of Mother.
The only good thing is because two weeks ish ago, a judge stated no change in circumstances have happened, it may be a short trial.
If anyone has advise for presenting evidence, I need all the help I can get.
My up and coming hearing is in fact a evidentiary hearing.
The judge last year told the mother while she may have that right it wont change anything.
I might be able to show harassment since mother was warned already about the outcome. But since she has the right I might not get sanctions.
The lady at the help center did say it was obvious the Mothers lawyer is just trying to milk as much money as she can out of Mother.
The only good thing is because two weeks ish ago, a judge stated no change in circumstances have happened, it may be a short trial.
If anyone has advise for presenting evidence, I need all the help I can get.
TinkerBelleLuvr
Senior Member
When presenting evidence, I had a cheat sheet that I could summarize what was being presented. It was in the order of how I was presenting it.
You did this pro per?
I think the issue here is that both parents for the most part are good decent parents, the issue with custody is the mother moving 45 min away from the child's school.
And I work weekends making weekend visitation almost impossible.
I think the evidence will be a short list, which most is addressed in multiple mediation reports.
CJane
Senior Member
Things to think about:
1. The judge cannot predetermine that "nothing will change". A judge who is doing his/her job will listen to the evidence and make a decision based on the FACTS OF THE CASE as presented. A judge who does that is giving the litigants - on either side - an excellent shot at appeal.
2. I'm not certain you can admit a mediator's report into evidence. You might want to follow up on that - in my mind, it seems that would be like submitting police reports - they can't be cross-examined. It might be POSSIBLE, but I suspect it's a bit more complicated than you're thinking - especially since Mom has an attorney that can (and should) object all day long.
Update.
had court this morning, this was only to pick a date for the mandatory pre settlement conference, and the trial conference assignment.
The good news is her lawyer while on the phone was asked if such and such Commissioner [who's not even a real judge] who had no knowledge of my case would work for her for the trial. Mothers lawyer stated thats fine its who she wanted. Judge asked me and I stated No. I asked for the real judge who knows thecase and has been working it for over a year. Its also the judge who last week told mom their was no change of circumstance when trying to relitigate custody with a ex parte hearing when no emergency existed and denied all mothers request. I eneded up getting the judge I wanted and the hearing if it goes through will be in my hometown.
I hired a one hour session with my favorite lawyer yesterday. She stated with no change of circumstance they may throw it out in the mandatory pre trial settlement conference. And then gace me pointers and said if I want sanctions I need to file my briefs on the topic or I wont get them. She stated I probably wont get them but to give a try anyway. She thought the lawyer was just soaking up moms cash as well.
I still dont sleep well having this over my head even if it looks like things will stay the same.
had court this morning, this was only to pick a date for the mandatory pre settlement conference, and the trial conference assignment.
The good news is her lawyer while on the phone was asked if such and such Commissioner [who's not even a real judge] who had no knowledge of my case would work for her for the trial. Mothers lawyer stated thats fine its who she wanted. Judge asked me and I stated No. I asked for the real judge who knows thecase and has been working it for over a year. Its also the judge who last week told mom their was no change of circumstance when trying to relitigate custody with a ex parte hearing when no emergency existed and denied all mothers request. I eneded up getting the judge I wanted and the hearing if it goes through will be in my hometown.
I hired a one hour session with my favorite lawyer yesterday. She stated with no change of circumstance they may throw it out in the mandatory pre trial settlement conference. And then gace me pointers and said if I want sanctions I need to file my briefs on the topic or I wont get them. She stated I probably wont get them but to give a try anyway. She thought the lawyer was just soaking up moms cash as well.
I still dont sleep well having this over my head even if it looks like things will stay the same.
OK so I have the evidentiary hearing coming up. This Friday is mandatory settlement conference.
The mothers lawyer just filed a short order hearing, so they can introduce a tardy witness. A mediator from another county who will speak on Mothers behalf.
They are stating they want the trial moved up to Friday. I guessing they are doing this so they can get a different judge who doesn't know the case.
The judge who knows the case told mother one party would be deemed unfriendly if these hearings continue.
Any help would be appriciated
The mothers lawyer just filed a short order hearing, so they can introduce a tardy witness. A mediator from another county who will speak on Mothers behalf.
They are stating they want the trial moved up to Friday. I guessing they are doing this so they can get a different judge who doesn't know the case.
The judge who knows the case told mother one party would be deemed unfriendly if these hearings continue.
Any help would be appriciated
OK so we set a date for the evidentiary hearing in two weeks, I will retain the same judge I want.
The short trial for their expert witness a judge is still going over. There may be a trial for this witness in a few days, maybe not. They admit to filing late but supplied codes to try and pypass their tardyness. I dont think they meet the criteria, only a judge will decide that. I did catch them in a blatant lie as they tried to make excuses, I can bring that lie up.
The short trial for their expert witness a judge is still going over. There may be a trial for this witness in a few days, maybe not. They admit to filing late but supplied codes to try and pypass their tardyness. I dont think they meet the criteria, only a judge will decide that. I did catch them in a blatant lie as they tried to make excuses, I can bring that lie up.
stealth2
Under the Radar Member
I assume you mean a lawyer. You don't retain a judge.
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