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Quote:
Originally Posted by N0help4u
I just found the legal statue for MD wiretapping and surveillance act. It is illegal to audio record another party without their consent in MD.
It seems you can videotape a person without their consent if its in a public place, but the audio part would not be admissible. This is the way I understand the wording. Ill aske my next question in the appropriate forum. Thank you
That is basically what the link I gave you said.
Thanks. I just need to know what I can and can't do regarding recording and videotaping exchanges and conversations in my child custody/support case. I wonder how admissible it would be in family courtQuote:
Originally Posted by N0help4u
Child support
I think that would be a whole 'nother thing depending on what you are trying to accomplish.
Are you trying to prove the mother unfit? Are there Child service case workers involved?
In Maryland it's the two party rule - both PARTIES to the conversation have to be aware and consent. You, for example, can't record someone else and a third party.Quote:
Originally Posted by msir
I would check with Family Court and see what the Court's policy is.
Small Claims usually allows them - Family Court, I don't know.
And if the other party denies giving permission and/or being taped, then you have to go into voice recognition which is quite expensive.
I was thinking if child services are involved they can request to tape interactions with kids themselves at his request and all parties consent but not sure what he is getting at.
Quote:
Originally Posted by N0help4u
Agreed - and I've seen so many of these "do it yourself" recordings with one person asking very leading, transparent questions and the other party mumbling something or other. I've never seen a Perry Mason situation where one party asks questions and the other party suddenly shouts, "Yes. I did it. I'm guilty."
Never.
The custody complaint was filed in May 07 and I started paying support in feb 08. That means 9 months of back support may be ordered. I am figint for full custody with the hope of getting at least shared. The temp CO calculated CS wth me having a min wage salary but now I have a higher paying full time job.
1) how is back child support applied in the final order.
2) Are the #overnights from holidays and vacations included when calculating CS?
3)Just because the judge gave mom temp custody, does that mean thatn she will most likely get full custody even if I fight it. I ask because I was having a conversation with a friend and he said, the judge set the status quo when he gave mom temp custody with me having every other weekend.
4)I initially told the court at the first hearing I had no other child support. But I do. Will I need to bring proof of the ordred child support amount in order to get it factored into child support worksheet
Quote:
Originally Posted by msir
They can go back and review the figures and assess at full salary.
The overnights are not percentaged out; I have seen LENGTHY vacations percentaged out - but the custodial parent still has rent and electric and so forth for when the child returns so possibly not -
Unless you now prove the mother is unfit or come in with some dynamite evidence I would say custody stays where it is on a permanent basis. The fact that you did pay support for a number of months and appear to still be in arrears does not sound good on your side.
If you lied to the Court you will have a problem - I don't know how you are going to "whoops, mistake" when it's money that feeds/clothes your child. The Court is not going to be very forgiving and now everything you say is open to question
A lot of this depends on the State.
Depends on the stae as to the question of overnights. In Cali overnights count so long as its consistent. i.e. laid out in the parenting plan. So if NCP gets 4 nights a month there is one set amount and if NCP gets 6 nights a month there is a different amount. Depending on past experience with the child and how close you live to the child's reguler activities ( like school or babysitter ) can also make a difference when asking for more time. If the child is very young ( like a baby ) then try to get it graduated for more time later. So when child is 3 or 4 your time with the child is higher then until that time. Some plans offer a 50/50 being that the child spends majority of time with mom ( liberal visitation with dad ) and later the situation flips to most time with dad and mom liberal visitation. There are many ways to ask and get what you want but be sure you don't lie stretch or get yourself into something you can't deal with.Quote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by califdadof3
Even if I got EOW and one overnight a week (mom says I canhave one afternnoon per week, but no overnight) , it would not be enough overnights to count as shared custody, so I am wondering if I can factor in the summer vacation I am asking for (4 weeks). I was told that some courts will only count the standard visitation, whichwould not inlude summer vacation and holidays
Quote:
Originally Posted by msir
Again - everyone is trying to help but it varies by State. What State?
Quote:
Originally Posted by msir
I agree with Judy on this one. Its very hard to offer you anything solid when we don't know what state it is. The courts are kind of like Baskin Robbins. You never know what flavor till you dig in.
We may be talking about nothing depending on where you live so please let us know.
MDQuote:
Originally Posted by califdadof3
OK here is a page for you to go through. It speaks directly about your issues.
THE CHILD SUPPORT GUIDELINES SECTION of MD LAW
Also how old is the child / children ?
I know that site. I am asking if the holiday and summer vacation overnights will be included with the number of overnights, because I was told that those were not considered as part of the overnights that could be used to determine "number of overnights in custody"
Quote:
Originally Posted by msir
They should count so long as they are consistent. If you have every other then it's a wash. But if you had every ( certain holiday ) then it should count. Also when going for time in the summer be sure to leave time for her to have summer vacation with the child also. At least 1 week. So if child gets 6 weeks off for summer then don't ask for all 6. Also try to remember that if you live close to the child's reguler activities like school etc then you can extend weekends etc. Like instead of returning the child on Sunday from your weekend you're the one responsible for taking the child to school on Monday. Or thursdays through Sundays every other week. It can add up quick in your favor. Also you may want to make a plea for mediation if its not automatic in your case for custody. If she truly appears to attempt to keep you from reasonable visitation it will be noted. According to your State to affect child support your going to need 35% of time. But there is also a clause that says the judge can ignore it. An example of an 80/20 split is visitation on weekdays and overnights every other weekend.
Good Luck.
Quote:
Originally Posted by califdadof3
Right now, I live 30 miles from the child's residence. The daycare is at moms job so she is insisting he be returned on Sunday nights. What do you mean consisten? The only thing that would be consistent is the EOW schedule. We will have every other holidayd. She wants to split the split the time for Xmas day until he is older, but I want Xmas eve until New years day.
A friend told me that holidays and summer vacation days cannot be included as number of overnights, because its just a block of time and not part of the standard visitation. If I get 4 weeks in summer, that would definitely put me over the mark of 35%. If only the standard visitation shedule applies, I will be way below. Based on what your telling me, even if I achieved the 35%, the judge can deviate from the guidelines and make me pay the full CS? The mother and I don't speak. She has never allowed me any visitation outside the 6pm friday-6pm Sunday schedule and I don't expect her to allow any additional time after the final order is in place. We don't communicate on anything and I am afraid that the court will think shared custody won't work because of it. If she is against me having a Friday -monday morning schedule, how hard would it be for me to get this in the final order?
Quote:
Originally Posted by msir
I can guarantee 100% that you are not going to get permanent Christmas Eve to New Years Day if your ex disagrees.
Otherwise this is CalifDad's territory - NYS is different.
Quote:
Originally Posted by JudyKayTee
I've seen some pland that have that schedule. My family lives in another state. I have no family here whatsoever. Ex wants a scheudle where one parent has xmas eve 6pm to Xmas Day 3pm, then other parent gets 3pm xmas day to 6pm the day after xmas. I would think that's unreasonable and interrupts my holiday time with my child. She says there is no point having and extended break since child is so young and not in grade school. We have not spoken in several months. This is based on my talk with her before things went sour.
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