Venue Change to Fight Unfair Rulings

I am reasonably sure my ex wife knows someone in our county family court and the first two rulings from a new judge were so starkly unfair that I have to take action to get out of that county or at least to another judge. I know judges do not reward you when you attack their decisions and call them unfair. any suggestions??

garyS

You can't just request a change of venue because you disagree with the judge's rulings.

So, if you give a few more details maybe we can offer other suggestions.

What's going on?

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Quoting garyS-NJ

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I am reasonably sure my ex wife knows someone in our county family court and the first two rulings from a new judge were so starkly unfair that I have to take action to get out of that county or at least to another judge. I know judges do not reward you when you attack their decisions and call them unfair. any suggestions??

garyS

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If it helps, the biological father of my fiancée's daughter took my fiancée to court to get a modification of custody (he requested that their daughter be removed from daycare so his parents could watch her), he dropped the "f bomb" about five times, told his lawyer and the judge to "go f--- yourself", and the judge viewed this as him being "passionate about his daughter". The judge ruled in his favor, she was pulled from daycare, his parents (the child's paternal grandparents) were permitted watched her, and soon thereafter he filed a motion to have his child support obligation reduced (which is what the root of the entire situation).

This arrangement lasted approximately four weeks and he called my fiancée stating that it was "too stressful" on himself and his parents because he wasn't aware that his 2-year old daughter (at the time) required so much supervision.

Moral of the story, sometimes you just have to roll with the punches.

briefly to respond to above request for details regarding unfair Judge: I'm putting this motion to change venue together tonight because I'll be filing tomorrow a day late and I decided to steer clear of acusing the judge of being unfair. Neither of us live in the county which currently has jurisdiction so I'm going to focus on that (and the fact that my Ex previously asked for a venue change (but I believe dropped it because there was never a court ruling)).

As for the judge's unfairness, I'll bring it up if I need to ask him to recuse himself. let me just say that after quitting or being fired/laid off two years ago, my Ex still isn't working and the judge has me paying child support based on an imputed salery (he thinks I should be making much more as I've changed careers). The judge has ruled against me citing trivial process inadequacies and then just plain erroneous rationale. also, he has had every accomodation for my ex, and declined to enforce previous Court Orders. Seems he expects I should work two jobs so my Ex can stay at home, drive a new sports car, and live in a better place than our marital residence.

I hate to be the one to break it to you, but the judge has done nothing wrong from what you've said.

It's normal and common to be imputed an income for the purposes of calculating child support.

By all means give more details but so far? You have nothing.

you know that's the way it is. My husbands ex has broken the court order, and was forgiven. My husband, at the time, had 93%, and would've been required to pay child support if ex knew about it.
Things aren't fair... there is nothing husband can do about it... my best bet... treat the child with love, support and compassion. Try your best to pay the child support. Ask for a modification when possible.
Sorry about all of this... it sucks when people are unfair mostly when it comes to children.

You should have filed a request for change of venue at the time this hearing was filed.

However, you're a day late and a dollar short if you're requesting a change of venue for a do-over. Won't happen.

At best you can request that the case be moved to the county where your daughter resides. However, you'll still need to show a change of circumstances for any type of modification. Change of venue alone won't do it.

At this point all you can do to change the outcome is appeal the decision - but prepare for the higher court to affirm the decision. Unless some egregious or legally incorrect rulings were made, you're likely stuck.

You can file paperwork asking the judge to recuse himself, but you'll need a legal basis to do so - and that means you need to be able to prove some sort of connection between the judge and your ex. And keep in mind that the judge hearing your case makes that decision.

after four months of paying child support against the imputed income without securing the "imputed job", I filed for a reduction and after 2 more months delay allowed to my Ex, the Court denied me stating that I didn't provide a case Information Statement to show my income. My income hadn't changed so my CIS on file was valid and the Court didn't request it during tel-con to tell me my oral argument would not be granted so this was the first round of obvious bias. The Court was silent regarding my request that they enforce previous Court Orders for my Ex to share medical information else find her in contempt. The Court was oblivious to the fact that my Ex frustrated my child visitation even though I provided tapes of her voice mails to me which connected visitation to my child support payments. On Motion for Reconsideration, the Court again afforded my Ex another adjournment, and then denied my child support reduction this time rationalizing that I voluntarily left my career job 4 years ago (actually I was laid off, collected unemployment, went to school, and changed careers), and was now voluntarily working part time (I work full time as a substitute teacher and trying to land a regular teaching job). The Court also denied my other requested relief "without prejudice". The Court's bias is clear. My Ex stopped working two years ago and the Court wants me to take two jobs to pay for her child support (I guess the Court would like me to restart paying alimony without my Ex requesting it). Maybe my Ex is working, how would I or the Court know. Appeal isn't worth it.

I'm submitting venue change request because I'm worried my Ex has more than this one judge in her pocket but the legal aid there told me today that I can ask the judge to reconsider when explaining that I didn't voluntarily leave my job. But not sure I should address with this judge because he'll just deny again and make it harder to turn in the new court.

I got it: I'll provide the clarification in the Cert but not ask the Court to rule on anything but venue change. I'll wait and ask the new Court (and just keep payin!)>

Does anyone know the implications of a blanket "denied without prejudice" ?? would it be better to ask Court to rule on each item??

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Quoting garyS-NJ

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after four months of paying child support against the imputed income without securing the "imputed job", I filed for a reduction and after 2 more months delay allowed to my Ex, the Court denied me stating that I didn't provide a case Information Statement to show my income.

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Ok.

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My income hadn't changed so my CIS on file was valid and the Court didn't request it during tel-con to tell me my oral argument would not be granted so this was the first round of obvious bias.

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It was up to you to find out what the Court required - not to expect the court to request things. There is no obvious bias there.

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The Court was silent regarding my request that they enforce previous Court Orders for my Ex to share medical information else find her in contempt.

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Did you submit your request in the correct manner?

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The Court was oblivious to the fact that my Ex frustrated my child visitation even though I provided tapes of her voice mails to me which connected visitation to my child support payments.

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Did you submit the evidence correctly?

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On Motion for Reconsideration, the Court again afforded my Ex another adjournment, and then denied my child support reduction this time rationalizing that I voluntarily left my career job 4 years ago (actually I was laid off, collected unemployment, went to school, and changed careers), and was now voluntarily working part time (I work full time as a substitute teacher and trying to land a regular teaching job).

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The fact that you chose to go to school and change careers IS a valid reason why the Court could decide that you're voluntarily underemployed/unemployed.

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The Court also denied my other requested relief "without prejudice".

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You DO know what that means, right?

That's in YOUR favor :rolleyes:

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The Court's bias is clear. My Ex stopped working two years ago and the Court wants me to take two jobs to pay for her child support (I guess the Court would like me to restart paying alimony without my Ex requesting it). Maybe my Ex is working, how would I or the Court know. Appeal isn't worth it.

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You have no grounds to appeal at this point.

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I'm submitting venue change request because I'm worried my Ex has more than this one judge in her pocket but the legal aid there told me today that I can ask the judge to reconsider when explaining that I didn't voluntarily leave my job. But not sure I should address with this judge because he'll just deny again and make it harder to turn in the new court.

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You have no legal basis for a change in venue.

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I got it: I'll provide the clarification in the Cert but not ask the Court to rule on anything but venue change. I'll wait and ask the new Court (and just keep payin!)>

Does anyone know the implications of a blanket "denied without prejudice" ?? would it be better to ask Court to rule on each item??

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Google "without prejudice"....

..and again, you have no legal basis to request change in venue.

The problem with a motion for reconsideration is that it goes to the judge who made the initial ruling.

You can ask for clarification but you very likely will not get it.

Edit: Denied without prejudice means you can bring the action again so that's a good thing.

Re: Venue - if both parties have moved out of the county of original jurisdiction, you should be able to register your case in the county where the child resides and have the case moved. You no longer have ties to the county that issued the orders. Speak to an attorney locally to find out how to do this.

And Re: Appeal - I understand your hesitancy to appeal the decision. Appeals are costly and time consuming. But you *can* appeal a decision all the way to the top of the appellate food chain. It's just a matter of deciding if it's worth it to you or not.