After a year of pro se and not so pro se battling, it's game time in Florida. Two day trial is set for next week, the evil controlling mother vs. me, the dad trying to maintain his time, relationship and rights with his child...
In this corner, $40,000 later, the ex, her wealthy parents and the high powered 30 year veteran family law partner:
1) Supp. Petition to Modify Parental Responsiblility: basic claim is to take away my decision making rights completely, due to my "interference" with my 9 yr. old daughter's modeling and acting career. As we have joint shared custody and they can't prove I've harmed this child in any manner, I don't think they can win this one.
2) supp Petition to Enforce Final Agreement: they claim I owe about 10 g's in marital debt, I'm looking to prove a verbal agreement that I've been paying it back through excessive child support (day care since the child started kindergarten and duplicated insurance fees). Divorce was '94, she didn't take this or any action to collect until this year as part of her campaign to throw the kitchen sink at me after last December's court recommendation prohibiting her from moving to NY with my kid (since rejected by the judge due to a technicality moved by the current law firm which replaced the law firm that lost that court
battle). This is my weak link due to the verbal agreement, but even if they win it is going to be difficult to collect blood from a stone-- I'm not pro se because I have funds to spare, no prop. or bank accts. etc., plus I'm arguing statute of limitations issues.
3) Supp petition to Modify Child Support: she is looking for more $ in this fashion. While my income has increased, Get this, she doesn't work, claims she takes no money from my daughter's funds, however, I have court transcript of her testimony stating she is the manager of the child and is reimbursed. She has not complied yet with mandatory disclosure and was ordered to do so on Friday. I'm arguing that the court needs to impute a wage and also needs to hear how she has squandered $20,000 of my daughter's earnings from '99 and 2000 on "modeling expenses" including trips out of state, cell phones, mileage, $900 charitable donations in my daughter's name, etc.
4) contempt motion for back child support: they have no issue, my CS is paid on time. She attached my only checking account due to an old judgement of $2500. dating from '94, I had $300. of next month's child support garnished, so I was late a month.
On my side: me, my fiancee and my friends and relatives.
I have four pending contempt motions for denial of visitation. Based on those I have requested a modification of custody.
The woman went so far as to make up false domestic violence charges against me when I made it known I would seek custody.
I had to pass and plea on that when they listed my child as a witness against me, though she saw nothing except for my ex's self inflicted wounds. I would not put the child through that so I passed on my right to a jury trial which I'm confident I would have won. I am stuck in six months of batterer's intervention classes and making the best of that.
I have been subject still to harrassement and denial of visitation rights, my daughter has called me less than six times since July,
she's been at my house three times since mid-summer. I am going into court with no preconceived notion of beating this lawyer, I'm just going to make my message known: I am a Dad looking for nothing more than to preserve my time and my relationship with my daughter. Because my ex feared she would lose control of this child and the obviously financial benefits of a
"superstar" she has chosen to try to destroy me and my family.
Win or lose next week, I will be able to look in the mirror and say I did what I could to help this child not become a statistic. (The kid started court ordered psych therapy today, I hope that will lead to her mother getting the help she needs. The child is going to testify in camera with the Special Master/Commissioner at the trial, both sides supply their questions plus the Commissioner's own, answers are confidential. Wish me luck. Some of you know of my travails this past year and some have helped and I thank you all. Any further advice or questions, let's hear it.....ciao
In this corner, $40,000 later, the ex, her wealthy parents and the high powered 30 year veteran family law partner:
1) Supp. Petition to Modify Parental Responsiblility: basic claim is to take away my decision making rights completely, due to my "interference" with my 9 yr. old daughter's modeling and acting career. As we have joint shared custody and they can't prove I've harmed this child in any manner, I don't think they can win this one.
2) supp Petition to Enforce Final Agreement: they claim I owe about 10 g's in marital debt, I'm looking to prove a verbal agreement that I've been paying it back through excessive child support (day care since the child started kindergarten and duplicated insurance fees). Divorce was '94, she didn't take this or any action to collect until this year as part of her campaign to throw the kitchen sink at me after last December's court recommendation prohibiting her from moving to NY with my kid (since rejected by the judge due to a technicality moved by the current law firm which replaced the law firm that lost that court
battle). This is my weak link due to the verbal agreement, but even if they win it is going to be difficult to collect blood from a stone-- I'm not pro se because I have funds to spare, no prop. or bank accts. etc., plus I'm arguing statute of limitations issues.
3) Supp petition to Modify Child Support: she is looking for more $ in this fashion. While my income has increased, Get this, she doesn't work, claims she takes no money from my daughter's funds, however, I have court transcript of her testimony stating she is the manager of the child and is reimbursed. She has not complied yet with mandatory disclosure and was ordered to do so on Friday. I'm arguing that the court needs to impute a wage and also needs to hear how she has squandered $20,000 of my daughter's earnings from '99 and 2000 on "modeling expenses" including trips out of state, cell phones, mileage, $900 charitable donations in my daughter's name, etc.
4) contempt motion for back child support: they have no issue, my CS is paid on time. She attached my only checking account due to an old judgement of $2500. dating from '94, I had $300. of next month's child support garnished, so I was late a month.
On my side: me, my fiancee and my friends and relatives.
I have four pending contempt motions for denial of visitation. Based on those I have requested a modification of custody.
The woman went so far as to make up false domestic violence charges against me when I made it known I would seek custody.
I had to pass and plea on that when they listed my child as a witness against me, though she saw nothing except for my ex's self inflicted wounds. I would not put the child through that so I passed on my right to a jury trial which I'm confident I would have won. I am stuck in six months of batterer's intervention classes and making the best of that.
I have been subject still to harrassement and denial of visitation rights, my daughter has called me less than six times since July,
she's been at my house three times since mid-summer. I am going into court with no preconceived notion of beating this lawyer, I'm just going to make my message known: I am a Dad looking for nothing more than to preserve my time and my relationship with my daughter. Because my ex feared she would lose control of this child and the obviously financial benefits of a
"superstar" she has chosen to try to destroy me and my family.
Win or lose next week, I will be able to look in the mirror and say I did what I could to help this child not become a statistic. (The kid started court ordered psych therapy today, I hope that will lead to her mother getting the help she needs. The child is going to testify in camera with the Special Master/Commissioner at the trial, both sides supply their questions plus the Commissioner's own, answers are confidential. Wish me luck. Some of you know of my travails this past year and some have helped and I thank you all. Any further advice or questions, let's hear it.....ciao
