I lost you in the chat box
State/Country relating to question: Indiana
hey again--yes, that is one thing that is frustrating about chat.
I can still help you at your other question but we don't ave the benefit of te chat feature once you accept. Sorry for the invonvenience.
ok, so what about the fact that he's 19, no job, and has the drug history...can they use that as a way to emancipate him? He is CAPABLE of a part time job and is trying to get one, but will be far from supporting himself. He doesn't even have a car.
I did answer that on the other question :) But no, that is not a reason to emancipate at all. The drug use is actually probably going to work in his favor because he is having some struggles not uncommon with kids his age. The court will realize that.
thanks for saying that...it's been hell and his father of course blames me. ok, so let me summarize....
likely won't get a change in judge unless there's been misconduct or conflict of interest
my son doesn't qualify for Emancipation (I wish he did...believe me! )
but, what about the modification...can they open up all the facts of the prior case and start disputing all that crap again? They are also saying I lied about my income which is a joke because I of course file federal tax returns every year and use a professional accountant
Sorry, had to reboot. I was trying to sare a link with you that I thought you might be interested in. You can see it here.
Yes, if they are alledging fraud, they court can grant the motion to open it up again to take another look.
Doesn't mean the could WILL do that, but they can.
they'll have to prove I have been frauding the IRS for years then...my income is pretty consistent since we've been divorced.
ok, what happens procedurally? I wait to see IF they get the change of judge?
You can file a Response In Opposition of Respondent's Motion for ....(and add what the Motion is titled).
You will just file your objections to what they said and say why you disagree.
ok... by myself, or with an attorney?
If you can get an attorney, that would be great. But some people cannot afford one.
I know... I just paid $5200 for the last round that ended in November.
Did you ask for your attorney's fees from your ex?
yes, the judge made him pay $5,200 of the $7200...with interest.
who decides if he gets a change of judge?
Well, the judge who decided the last case will rule on it first. If your ex doesn't like the ruling, he can appeal.
his wife (who is not a party to the case) sent the judge a 5 page letter 2 days before they filed their motion for emancipation and modification of arrearage. They are crazy...ok, thanks for your time, I'll see what happens.
Geez. That is just going to annoy the judge. Not to mention the motion itself. She is NOT going to be happy!
Probably will give you all your attorney's fees on this one.
This will be the 3rd time he will be in front of her for not doing what he's supposed to.
You should also talk to your attorney about a motion for contempt.
can i wait and see what the judge does before I do anything?
Once the judge rules, it iwll be too late to file a response. You would have to appeal if you did not like the decision.
my attorney is wonderful, but she is $320 per hour
Yep, you get what you pay for :)
Except maybe here at JA.
We are a little cheaper on the info.
thanks for your time...I'll look at that link you sent. If I click accept though, I'll lose the link...can you email it to me?
Oh goodness, I am not able to do that from my end.
You should always be able to get back to your old questions.
Like if you refresh your screen after you press accept.
You rock! Thank you!
Family Law Attorney
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