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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12906
Experience:  Licensed experienced Attorney
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Thank you Alex! I think I will ask the busy Judge for a ruling

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Thank you Alex! I think I will ask the busy Judge for a ruling on the modification during the hearing. It is no thanks to the court that I created a status quo of 50% or more visitation during the last four years. Our file is thick and it is my assumption that the judge hasn't the time to look through them all but has a free college intern give him a run down prior to hearings! How much should I push him (Judge)to give us a formulatic financial answer? I may be asking you more questions this week as our court date is April 11th. Thanks again! Patrick
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for requesting me to answer your question again and also for accepting my second answer and once again for your generous feedback.

While the judge can rule on the issue right away, upon the end of the hearing, it is also possible that there might be some outstanding legal issues, that might postpone the hearing or such issues might even come up at the hearing, especially given the fact that your wife does have legal counsel, so it might it is also possible that the hearing might be continued or that the judge would reserve his ruling, however generally would make it retroactive to the date of the hearing, once the judge renders his decision.

It is never a good idea to "push" a judge, since as much as it might appear that this judge is unsympathetic to your situation, the last thing you want to upset or make the judge angry, as that never worked for anyone in court.

I wish you the best of luck and if you need to follow up with me or if you have any new questions, you can always request me by starting your question with "This question is for Alex Esquire only".

Thank you and God bless.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12906
Experience: Licensed experienced Attorney
Alex J. Esq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Charges on my card from this company that you sub-contract with forced my bank to freeze my card because of fraud. That Mede me a bit nervous! However the Just answer company has turned out to be legitimate I'm glad to say. I am waiting for your next response to my last question. I am on a tight budget and may not be able to "tip" you for every response. Just like a guy in a strip club, when he runs out of money does the stripper stop giving him attention?
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Good to hear from you and I am sorry your bank thought that the charged from JA were fraudulent.

Let me assure you that the profession that I am in in entirely different from being a stripper and different standards apply in the legal field.

You are not required to leave bonuses for my answers and I appreciate that you have chose to leave bonuses in the past.

Can you please let me know what is your new question and I will be happy to answer it for you!
Customer: replied 1 year ago.
You are awesome!
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your words of praise.

I am here most of the times to provide your questions with highest level of attention and if you have a new question and request me to answer and experience a delay, that simply means that I am away from a computer, but be assured I am not ignoring your inquiry.
Customer: replied 1 year ago.
Thanks, XXXXX XXXXX add, I have accrued almost $10,000 in debt to the IRS and my bank in the past four years. I will have documentation of this for the court in case the responding attorney requests an audit of my finances. Will this work for me in defense of an audit? Also, will I be able to ask for a temporary suspension of support payment until a ruling has been made?
Expert:  Alex J. Esq. replied 1 year ago.

Dear XXXXX,

While you can bring up the financial hardship that you are going through, the child support would take priority under the law to any IRS debt or bank related debt.

 

Also, IRS debt would not prevent your ex from demanding and potentially getting her tax audit request approved, as it would not really have any direct relevance that would impact court's decision on such audit.

While you can ask the court to temporary modify / reduce the child support payment, until the judge's decision is rendered, it it not likely that the court would grant such request, I would have to be frank on that.

Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12906
Experience: Licensed experienced Attorney
Alex J. Esq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I assure you Alex that I am a great Dad. My ex has posted this fact on Facebook until last December when my she happily signed over physical custody. I have not once given my child to a babysitter ever! She is with me all of the time, even during play dates with her friends. The formidable years of a child's life will never be returned, though I feel Californias formula has taken 40% of my daughters life from me. I have learned that mentioning the words "child's best interest" makes an impact on the Judges decision. How could the Judge rule in our child's best interest that we spend the next year of our time and money in court hearings when a ruling could normaly happen within ten minutes? Should I proceed mentioning these feelings in court? BTW it takes two months to get ten minuets in front of a Judge! In June of 2007 I was the original
petitioner of domestic violence in this case, and because my ex responded with her own TRO instead of properly responding to mine, I think the court mixed the paperwork up and I turned into the respondent! Has anyone ever sued Family Court Services for mistakingly taking their child away from them?
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

I am very sorry that you had to go through such difficult and agonizing experience to simply be a father in your daughter's life and I do agree with you that the formidable years in a child's life are very important and you can never relive them again.

I do agree with you that you can bring up the fact that it would be in the child's best interest for the judge to make a ruling as soon as possible, but at the same time I would not push the envelope on this, as you do not want to piss this judge off, where she would rush into an unfavorable decision simply because she would not have a chance to analyze and think it through.

I would be careful about bringing up any past issues that are not directly related to your current motion, especially if your grievances would be related to the court not being fair or efficient, as such issues generally have to be appealed and it is likely that the judge would not be amused hearing about them from you. However if they are directly related to your current motion, such as the long delay to obtain a hearing before the judge, you can mention it in support of your position that a quicker decision would be beneficial to all parties involved.

As far the lawsuits against FCS, it would be very difficult to pursue, due to the state having immunity against lawsuits and not many people were able to pursue action against FCS, however if a specific FCS employee has acted illegally outside the scope of his/her employment, then such claims could be pursued, but generally it would involve some type of child abuse by an FCS employee or some other illegal and clearly criminal act.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12906
Experience: Licensed experienced Attorney
Alex J. Esq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks a lot Alex. You have been very helpful. As always I will keep my mouth shut at the hearing next Thursday! If my ex and her Attorney mention to audit my expenses, Should I politely let the court and her attorney know that If I am audited it is likely I haven't included all of the deductions I should have so suggests my tax advisor. And it's probable that I will end up more poor than the IRS thinks! And the time and money to return to court for years to come would not be in the best interest of my child or either party. Except worded better! Should I lay it out something like that if it comes up?
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your kind words, I really appreciate it.

It is not generally a good idea to suggest to the court that the financial documents submitted to the court might not be accurate or up to date, even if they are understated in favor of the opposing party, unless it is true and you plan to amend these financial records / worksheets to include the actual current deductions and other figures.

The reason it is not a good idea to make that suggestion, is because it undermines your credibility and also suggests or would make an impression that you are trying to avoid having your tax records audited and neither one of these conclusions by the judge would work in your favor.

It can be suggested that further delay and costs of additional discovery / audits in this case would not be in the best interest of the child and also does not promote judicial efficiency, as the court would have to spend more time on several more occasions to further review this matter.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12906
Experience: Licensed experienced Attorney
Alex J. Esq. and other Family Law Specialists are ready to help you

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