How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33385
Experience:  Retired (mostly)
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

HI, I have not used my right to keep silent in the debtors

Resolved Question:

HI,

I have not used my right to keep silent in the debtors exam, but I should have for the contempt for child support. Also there was no official paperwork for the debtors exam in the court file anymore, new judge didnt understand, but my debtors exam attorney told me to just get it over with and do it voluntarily. I think I read somewhere that if the parties (me and my ex) without our lawyers decide to postpone (I have those emails where she tells me that I can postpone, so we did, but counsel went in and started screaming anyway that I didnt show), that in such case the court will remove the debtors exam from calendar and the process has to start over.

Can I after the debtors exam claim that it is invalid, that the info obtained is obtained for other causes? I am obtaining a protective order ex-parte because its very close to the next debtors exam (part 2), I cant set it for a hearing. I really dont know what he still wants to ask me, but its set for 3 hrs. I already answered most possible questions. I heard it shouldnt last more then 1 hour for the hole thing. Already did 1 1/2 hrs.

Opposing counsel is a collection attorney. I have been threatened with contempt right after the debtors exam.
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
If you show up for the exam voluntarily, then you waive your right to object. So, the answer is "no."

Hope this helps
Customer: replied 1 year ago.
Opposing counsel promises me all kind of things (in emails), like my ex and then doesnt do them (like offering to get the transcripts for half the price, I agree and he files the order anyway) and thus orders get filed. What is the recourse?

Should my debtors exam attorney be told he was wrong? He just let me answer all questions and give all bank statements without striking certain numbers or objecting because he knows I will be contempted again. He was not my choice, my former attorney said he would take over since he was going to work for a large firm.

Expert:  socrateaser replied 1 year ago.
Opposing counsel promises me all kind of things (in emails), like my ex and then doesnt do them (like offering to get the transcripts for half the price, I agree and he files the order anyway) and thus orders get filed. What is the recourse?

A: The recourse is to stop being a sucker, and ignore anything opposing counsel says. He is the enemy. His goal is to ruin you. Expect nothing from him, and you won't be disappointed. Period, end of story.

Should my debtors exam attorney be told he was wrong?

A: I can't comment on this. Your attorney may be right on one point, and wrong on another. You have to decide whether or not you trust your attorney enough to use him.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33385
Experience: Retired (mostly)
socrateaser and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I have many contempts against my ex and I am thinking that I should not let her get away with anything. Tonight when I dropped my daughter off she was so incredible, lately its becoming really good between us. She sees I make a real effort for her, even though I can barely stand on my ankles. Scripps is going to reconstruct them.

What contempts does a judge not want to hear? And our new judge comes from civil. Again not a family judge. Contempts I am thinking of are :

Child psychologist
Frustration of visitation again
Again taking me off the school records completely and put step dad there (second time, court was mad about it last time)
Not allowing phone calls as ordered
Letting step dad contact me against order 40 times
Step dad posing as my daughter (admitted) on txt Messages

Taking child Out of state during a on false statements obtained troops, against the troops


Expert:  socrateaser replied 1 year ago.
The court doesn't want its time wasted. A contempt must be material, i.e., something that actually damages you in some palpable manner.

Also, since contempt must be proved beyond all reasonable doubt, you must have extremely strong evidence, otherwise you will lose. I've never observed any self-represented litigant win anything other than a child support contempt action, because the child support action is incredibly easy to prove, given that the official forms practically make out the entire case, and the U.S. Supreme Court has lowered the bar to providing child support contempt to practically nothing.

But, for custody matters, proving contempt is simply an overwhelming task. I doubt that you can put together the necessary evidence to prove any of your contemplated actions. Feel free to post a new Q&A and show me your evidence for any one of them, and I'll show you why it's so difficult to win.

Hope this helps.
Customer: replied 1 year ago.
Step dad is a psycho, how do get a psych eval?

My daughter me to kill him, several times. She also on tape says she wants Kitty out of the house and then bomb it.

When I told her she can't think that way, she answers " you don't have to live there".

I believe there is family code on this.


I see what you are saying, i will present contempt in next question.

Customer: replied 1 year ago.
Step dad is a psycho, how do get a psych eval?

My daughter asked me to kill him, several times. She also on tape says she wants Kitty out of the house and then bomb it.

When I told her she can't think that way, she answers " you don't have to live there".

I believe there is family code on this.


I see what you are saying, i will present contempt in next question.

These people are psychopath. I believe step dad is a criminal, but in this country criminals with some sort of mind don't go to jail. He has an organization 'warriors for Christ' and volunteers at juvenile hall.

If I would ever met a dangerous creep, he is the one. I am never wrong with my intuition. Problem continous that these people are good at manipulation and deceit.



Expert:  socrateaser replied 1 year ago.
Step dad is not a party to your family law matters. You have no current authority to have a court order a psychological evaluation of the stepfather. You would have to sue stepdad on behalf of your child for some sort of tortious conduct, such as intentional infliction of emotional distress (IIED). Or, you could request a domestic violence protective order (DVPO) on your child's behalf. But, your child would have to be prepared to testify to stepdad's abusive conduct to her, which causes her a fear of (or actual) emotional or physical abuse.

The above should seem familiar to you, because I told you in one of the very first answers provided to you, that what this is all about, and that the only real means of getting any relief is for your child to pick up the phone and call child protective services, or testify to abuse in a DVPO hearing.

You then gave me all manner of excuses why your child would never do this, and I explained that until she decides that she will take some step to protect herself, the court will have no evidence with which to deal with the problems, and you will continue to lose ground in your quest for justice.

In short, we have now come full circle. Nothing at all has changed, except that you have a bigger child support arrears, and you have received some gift monies from friends and/or relatives.

I know that you want your share of justice in this matter, but the botXXXXX XXXXXne remains the same: it's not really up to you. Your daughter must decide that she needs protection from her stepfather -- because as long as she does and says nothing, and as long as there is no physical evidence of abuse, there is no credible evidence suggesting that the status quo parenting arrangements ought to be changed.

You're not going to get a psych eval order against the stepfather. You don't have any credible evidence that he has done anything wrong, and the putative plaintiff, your daughter, apparently remains unwilling to testify to the contrary. Until she is, nothing will change, except for the amount of your support arrears.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33385
Experience: Retired (mostly)
socrateaser and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions