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arvm
journeyman


Reged: 05/05/07
Posts: 88
Re: I really liked MTmom's [Re: agui667]
      #418459 - 06/24/08 12:39 PM

Solution. It was brilliant really. Why not be proactive? Get your duck's in a row before hand. Instead of fretting about it, prove you don't have any addiction problems. The breathalizer test might not be as easy to obtain (unless you have a friend that's a cop willing to put in some time for you).

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MTmom
Carpal \'Tunnel
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Reged: 08/23/07
Posts: 2711
Loc: MT
Re: Posting Question for a Friend [Re: agui667]
      #418470 - 06/24/08 12:43 PM

It worked for me.

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Relayer
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Reged: 03/13/07
Posts: 9506
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Re: Posting Question for a Friend [Re: preemiemom]
      #419004 - 06/24/08 10:36 PM

[quote]This one isn't for me.. so please bear that in mind when replying!!! (for those that hate me)

I have a girlfriend who has had an ongoing contentious custody situation with her ex. Things have escalated of late with the situation and this last thing she's just at a loss as to how to address and frankly has her a bit bugged out.

So here's the deal:

The ex was court ordered into a 90 day drug and alcohol rehab. He called my friend last night to tell say that he no longer is willing to purchase some sports equipment for the kids (previously agreed upon) b/c he's feeling pinched by the rehab co-payments.

She's like.. no big deal, I'll pay for the equipment. So he then goes on to say that he can't wait for THE FRIEND to have to start paying all the co-pays. So she asked him what he was talking about and he said that when they go back to court (they're in an ongoing court battle, next court date is sometime in July) he will be requesting that SHE be ordered into drug and alcohol rehab too.

So here are the questions:

#1 Will a judge give any credibility to his new claims after 8 months of litigation?

----> If the ex concealed anything from the court (a drug problem say) that was unkown to the other at time of entry, he has a right to have it looked at. The credibility is in the proof he offers of both

#2 What kind of proof would he need in order to establish that my friend "does" (according to him) have a drug/alcohol problem? She's worried that he will start making up evidence. Can he do that? What would he have to present as "proof"??

--> What did she use on him to get him forced in? Or was it even the family law judge who ordered it or was it a DUI or something?


#3 Wouldn’t he have had to mention his suspicions prior to final hearing slated in July?

--->Yes IF he knew

They've been to court like 3 times in the past 6-8 months or so. He's NEVER raised HER having any kind of drug or alcohol abuse problem. It's just never been raised as a topic. Period. Why now? Will a judge buy into it at all?

---> Probably not if there have been nurmerous appearances. You can't just pull stuff outof your ass. If the problem existed, he needed to have dealth with it then. BTDT You can PM me off the board for the particulars.

Thanks! [/quote]

--------------------
GO CUBBIES!!!!


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