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hawaiiangirl · Apr 20, 2012, 09:27 AM

Can I bring a notorized letter to court to submit as evidence in leui of an actual person?

Fr_Chuck · Apr 20, 2012, 10:26 AM

What court, what evidence are they giving ?

Normally not,
1. notarized is merely a formal witness, does not make it any more legal
2. a person has the right in most cases to cross examine the witness against them.

hawaiiangirl · Apr 20, 2012, 11:08 AM

Family court - my ex states in court papers that my daughter legally is residing at another address other than mine. The address he provided is untrue. The owner of the residence can't be in court that day. Was not sure if a notorized letter from him would be okay with the court or should I postpone the hearing to a date that my witness can appear?

JudyKayTee · Apr 20, 2012, 02:53 PM

Ask the Court Clerk if a notarized letter is acceptable AND bring along your daughter's ID showing your address and anything CURRENT showing her address.

In my area that type of allegation has to be backed up by something, usually a report from me (I'm an investigator).

ScottGem · Apr 20, 2012, 04:19 PM

Such testimony without corroboration may be discounted even if given in person. You have three choices as I see it:
1) Depose your witness at his convenience. This means allowing your husband or his attorney to question the witness outside of court (usually in an attorney's office). The court will then allow the transcript to read into evidence
2) Ask the court if the witness can appear via phone. Since the witness is testifying about one point this might be allowed
3) Ask for a postponement ot continuance until your witness can appear.

Fr_Chuck · Apr 20, 2012, 04:27 PM

Also remember that he has to prove she is living at that address more so, than you have to prove she is not. What evidence does he have, ( discovery of evidence? )

hawaiiangirl · Apr 20, 2012, 06:52 PM

Thanks everyone. I did contact the court and was advised that they cannot provide legal advise. I explained that they could dismiss my notorized letter if I bring one. I asked if I could postpone the appearance and was advised to do it in writing. My daughter doesn't want to be involved with the constant battle between her father and I. I am hoping she will photocopy her license for me. Her father recently helped her obtain a car loan. He used our house address for registering the car and the loan. This was recently. I can prove she isn't living at the address he provided in court papers; however, my witness isn't available the day of court. I think I'll opt for a postponement. My court date isn't until May 18th. I'll post my results after I have an outcome. Thank you all again.

AK lawyer · Apr 20, 2012, 08:13 PM

Originally Posted by hawaiiangirl

... I think I'll opt for a postponement. My court date isn't until May 18th. I'll post my results after I have an outcome. Thank you all again.

If you can't get a postponement, subpoena the witness. If he doesn't show up, the court can't blame you.

ScottGem · Apr 21, 2012, 03:19 AM

What is the case about? Its not custody or support if he's buying her a car, is it?

hawaiiangirl · Apr 21, 2012, 06:30 AM

Originally Posted by ScottGem

What is the case about? Its not custody or support if he's buying her a car, is it?

Yes, it is about support. He's claiming my daughter doesn't reside with me any longer. She is staying with my family during her college semester since it is much closer to them. He helped her with the loan by co-signing it. She's technically paying for it as I've been told.

ScottGem · Apr 21, 2012, 06:44 AM

So the support order was until she finished college? Generally, going away to college does not qualify as changing residence/emancipation. You are still responsible for paying her room and board. All you should need to do is show that she is enrolled in the college/university as a full time student and that ends his claim.

Fr_Chuck · Apr 21, 2012, 07:18 AM

I agree with Scott, she moves to college, she can move out of state and live anywhere if she is in college, And I agree, moving and living somewhere else to be in college does not stop support.

hawaiiangirl · Apr 22, 2012, 03:07 PM

Our papers state this about college; however, she is attending college in the same county, but where she is staying is much closer to college then where we live. My witness can collaborate this. His claim is that this is her permanent residence. It is not! He has tried before to get out of paying support only to find it dismissed.

ScottGem · Apr 22, 2012, 04:10 PM

Again, her residence doesn't matter. As long as she is a full time student you pay her way and that means support is still necessary. If, he could prove that she has a full time job and is self supporting, that's different. But it just doesn't matter where she's living. So all you need to do is show the judge that she is a full time student nothing more.

In any case, since he is seeking to end support HE has to prove his points, you don't have to disprove them.