The legal process...anyone know?
This is a discussion on The legal process...anyone know? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I need to find out if there is any higher court after a trial that was in front of a ...
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#1 |
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I need to find out if there is any higher court after a trial that was in front of a support magistrate and a decision by the support magistrate is objected to, and the same support magistrate denies the objection? Is there a higher court that the case can be taken to? This is my question. The circumstance is simple and read further if you wish to know.
Seven months ago a decision was reached in support court by the magistrate for the amount of support my ex has to pay and that he would carry the insurance, which is very expensive. A percentage was taken out of the support toward the insurance my ex has. I told the court that I will petition him as soon as I find a cheaper insurance which I did a month later. We had a trial last month after he refused my insurance proposal. The magistrate ruled to dismiss my petition based on not a substantial difference in the cost of insurances and burden of proof not met. With my insurance, I proposed a $266/mo total payment for the child and his is $472/mo. I'm self employed so I have options of cheaper insurances. I provided all needed papers, same as his about my insurance for the child and coverage break down and out of pocket costs and it's very similar but almost $2500/yr cheaper and still she dismissed my petition. I'm doing an objection but at a different time my objection went in front of the same magistrate and was denied. That past objection was against a decision that I pay his attorney fee for a court date I missed due my fuel pump dying the night before the court date, which I proved and still was denied and ordered to pay his attorney out of the back child support he owed, $750. Anyway, now I'm doing another objection for another clear wrong ruling and I'm wondering if there is a higher court I can take the case once she denies it. Oh the kicker is he abandoned our child 2 years ago and wants nothing to do with her and I have a violation petition for June for his share of doctor coopays that he won't pay after I sent him the receipts that I payed it. This shows that I'm just going to be back in court continuously if he keeps the insurance and then refuses to pay his share of coopays. Yeah he's a piece of work but the court is emphasizing that he's not alone in this injustice toward the "child's best interest" process. I appreciate any help. Thank you. |
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#2 |
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Moderator
Join Date: Apr 2008
Posts: 1,910
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The objections are officially handled by the judge, not the magistrate, but in practice judges tend to be lazy and hand the objections back to their magistrate to deal with.
Ridiculous, isn't it? You can appeal to your District Court, but you have a VERY limited amount of time in which to file the Appeal, or a least file a request for an extension on the amount of time to appeal. You will need to find out quickly whether it is too late. Also, the Appeal must cite errors of law, not merely disputes over the facts of the case. |
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#3 |
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Top Level Member
Join Date: Sep 2008
Posts: 2,129
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What if facts are BLATENTLY wrong.
Like stating a parents custody preference is different from what it was or stating an evaluator (who VERY CLEARLY stated a recommendation) made a different recommendation than he did or stating that one parent had violated court ordered visitation when in fact that parent NEVER had and was never accused of it? |
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#4 |
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Moderator
Join Date: Apr 2008
Posts: 1,910
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Truthfully, I think it would be very difficult to get the Appeals court to review a case where you believe the facts are incorrect. Your best strategy would be to demonstrate that the facts were incorrectly determined due to an error in law, or an error in procedure, or a conflict of interest on the part of the court.
You MAY, with difficult, be able to get the Appeals court to declare that the facts are in error. You would not be able to get them to determine any new facts. They would send the case back to the lower court for that. |
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#5 |
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Top Level Member
Join Date: Sep 2008
Posts: 2,129
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I can't even determine HOW the facts were determined. They were made up. The length of time between hearings and the decision are the only thing I can think of. July 1st hearing, October 2nd hearing, Feb - decision.
This court system is ridiculous. Facts don't matter! Truth is out the window! Frustrated... |
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