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Post by Vaden's Papi on Aug 16, 2009 20:56:58 GMT -5
Hello framed or berthasue; someone, I would like to know and I know no ine gives out legal advice here but i need to know what would some one do in my situation. would they file the release from judgement with an ADR from requesting a moderator and contept of court citation all together, or file one at a time?
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Post by Jim on Aug 16, 2009 22:20:41 GMT -5
I'm not sure of your situation nor would know how to answer that question with so little knowledge of what exactly you are dealing with, and the history/background details.
Have you ran this stuff by Stuart? I know he may be really busy and may not want to get involved though.
Have you searched the internet for possible examples of documents with someone in a familiar situation? Caselaw, code, stautes, etc?
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Post by Vaden's Papi on Aug 17, 2009 20:35:42 GMT -5
I ran a little of this by stuart, but he hasnt replied. But, I will check out caselaw and the other u suggested. thanks
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Post by Jim on Aug 21, 2009 16:50:57 GMT -5
Just wondering how its going? Making any headway?
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Post by alain smithee on Aug 21, 2015 17:12:31 GMT -5
As someone who is stuck in IndianaNoPlace (land of the hated and despised RFRA) until their children are adults, I have a couple of comments. First, do not let a judge tell you that your only remedy for enforcing your access to your children is contempt of court. Interference With Custody is a criminal offense in Indiana. My local police department would not enforce my Parenting Time order, but the Sheriff's Department said that they would. When my ex-wife discovered that she could go to jail for denying me access to my children, the interference stopped. The Indiana code also allows a court to require an accounting by the custodial parent to show that the transfer payment is actually being spent on the children. It's difficult to get, but worth asking for. I suggest using a Children's Checking Account like this one (http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) if the court will agree to it. Federal law [42 US Code 654 (21)(A)]limits the interest that can be charged on child support arrears to 6-percent per year. Be sure to remind the court of that if you have a child support arrears to keep from being buried by the [illegal] 1-1/2 percent per month in interest that Indiana routinely charges on child support arrears. You should keep a diary and receipts of anything that you buy for your child. Indiana usually considers in-kind child support to be 'gifts' to the children, but if you can document that you are spending more than the assumptions in the Indiana Guidelines, you may be able to get the courts to deviate from the child support guidelines. I also called my family court judge to task when I learned that Indiana measures child support compliance by the gross amount of child support collected and not the percentage of parents sharing the responsibility for providing for their children's needs. Her Honor (sarcasm intended) was surprised to discover that I was aware that the Child Support Performance Incentive Act creates an incentive for the courts to order sole custody with the lower earning parent and to restrict the non-custodial parents access to their children in order to increase the gross amount of child support collected, which increases the federal reimbursements that the state receives under the CSPIA. See www.fathersunite.org/Child%20Support%20Incentive%20Abuse%20Report.pdf for documentation. Good luck...
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