Records Subponea / Order Appeal Question

[j2thep66]

* Is there an online Subpoena for Criminal Records Form for Indiana? I've found similar forms for other states, but none for Indiana.

I need to subpoena my x wife's criminal records to show she was fired as a result of non-disclosure of her criminal record vs. without cause. If I can show she was not fired without cause, I can impute her wages & side step her attempt to jack up my support due to her recent termination.

* Also, after (30) days is there any way to readdress an errant ruling? I did not appeal the ruling under advice from my attorney. It was his feeling at the time that it was a "catch 22" asking the judge to reconsider his own ruling.

In short, I appealed a support order on the grounds that we share joint physical custody & our fixed expenses are equal and we split medical & extra curricular activity expenses 50/50 (sooner than 1 year from the order date - which is a problem in itself??), the Plaintiff's attorney argued that as I was sharing rent with my girlfriend, the Plaintiff had a greater burden, thus I should have to pay support. We argued that the girlfriends income could not be factored, the judge disagreed & ordered the support be maintained & hit me with the PLaintiff's lawyer fees of 1500.00, which I do not have. Subsiquently, I did not/have not paid and am now being brought back for contempt. Any advice? Thanks!

 

[j2thep66]

No one willing to weigh in? Thanks in advance!

 

[j2thep66]

Any replies? General disinterest or distaste for the subject? Gender bias? Unpopular topic? Outside of the scope of anyone's knowledge base? Posted in the wrong forum? Plenty of views, but no replies to date.

I'm in the position of having to oppose a supremely manipulative individual, who has at every turn cheated, stolen & lied her way to an advantage. At every juncture & in every relationship marital, business or otherwise she has lied her way through to a successful outcome. She turns on the stereotypical, teary - doe eyed helpless female shtick at whim & convinces friends, family, lawyers, cops and courts alike that she is/has been a victim.

In addition to her natural abilities at coercion and subterfuge, she's related (by previous marriage) to the former prosecutor. She gets charges against her dropped or shelved and a lawyer to work on her behalf pro bono...and/or the judge buys into the hype & I get slapped with her expenses.

Due to our 50/50 joint physical custody agreement, identical controlled expenses and identical income history and for the sake of men's/father's advocacy, my sole goal is to have her thieving hands out of my wallet.

I am an equal parent, with equal responsibilities, and equal expenditures. I'm in no greater financial position than she is. Even unemployed, she makes more money than I do w/ welfare, free health care, food stamps, government assistance for minorities, etc, etc, thrown in.

My gender as a male should not automatically engender specific rights to a female as a weaker sex. That the majority of the other fathers in similar situations, are part-time parents and have knuckled under to gender biased, court ordered sanctions and as such served to engrain a precedent in the mind of the court has created a huge obstacle in the path of father's rights. Men should be afforded the same rights and considerations as women under law & they are not.

This situation is unique, in that I am not knuckling under & am prepared to continue battling for my rights and for the rights of all fathers who wish to have equal status and legal recognition as co-parents.

Any feedback would be appreciated, or please feel free to point me in a different direction if there is a better forum for these types of questions.

Thanks in advance.

 

[jharris352]

I swear I answered this question. Let me look at it again.

 

[j2thep66]

Thanks jharris52! It seems you're doing triple duty here! Not that I don't sincerely appreciate your advice, I'm just suprised that no one else has waded in w/opinions or feedback. Maybe this board is slim on family law expertise? You should get moderator status at the least! Thanks in advance.

 

[j2thep66]

just checking in...

any tips to appeal a ruling past (30) days? preferably in front of another judge?

tips to subpeona criminal records?

 

[jharris352]

The reason you aren't getting any answers is that you can't appeal a ruling as you want to. You don't get to just pick another judge and ask again. Appeals are where the judge made a procedural error in the case and you appeal to a higher court. Depending on the issue they can also hear an appeal for sufficiency of the evidence but they do not usually hear the case anew or de novo.

If you waited past the time to issue a notice of appeal you will likely be barred from appealing. You can file a Motion for an Out of time appeal if you can show cause why you should be excused from the time frames of appeal as set out by the code.

As for subpoenaing criminal records, you have to have an open case from which to draw a subpoena. In some states they still have document subpoenas called ducus ticam that are used for documents only. In most jurisdictions they have done away with that and you subpoena the record holder and request on that subpoena that they provide the record also.

But it sounds like your case has a final ruling and is thus over. So unless you initiate another case or reconstitute this case you have no court to draw a subpoena from.

Does this make sense?

 

[j2thep66]

Yes, thank you. I did further research while waiting and filed Subpeona's Duces Tecum for her employment & termination records, which are now pending approval by the judge. The judge has yet to rule on the validity of the case however & my subpoena requests will hinge on whether the case moves forwards. Hopefully it will not.

I'll research the Out of Time Appeal. I may have sufficient grounds for this. My attorney advised against appeal citing a probable negative result as it would be in front of the same judge. I would argue that this was bad advice and after further research determined a better course pro se. Any thoughts or additional arguments I could make here?

What are your thoughts on this:

The judge granted support based on the fact that I was sharing housing costs and my x was not. Our income & fixed expenses were the same. According to my attorney, the judge in effect imputed my roomates wages in determining my support. Afterall, her living expenses are controlled by her. If they are unmanageable, she should either move to an more affordable residence, or get a roomate herself. Are there rulings which coorespond or diverge from the judge's reasoning?

Thanks.

 

[j2thep66]

Yes, thank you. I did further research while waiting and filed Subpeona's Duce Tecum for her employment & termination records, which are now pending approval by the judge. The judge has yet to rule on the validity of the case however & my subpoena requests will hinge on whether the case moves forwards. Hopefully it will not.

I'll research the Out of Time Appeal. I may have sufficient grounds for this. My attorney advised against appeal citing a probable negative result as it would be in front of the same judge. I would argue that this was bad advice and after further research determined a better course pro se. Any thoughts or additional arguments I could make here?

To clarify, there are two cases pending: a civil case (tortious interference) & a contempt of court case based on failure to pay court ordered fines (her attorney fees). The out of time appeal would apply to the ruling to pay attorney fees - based upon judges errant(?) ruling to in effect impute my roomates wages into the support equation. "As I have a roomate I presumably pay less in rent thus I should pay support" - even though our wages are similar, we have identical fixed expenses & share 182 days of custody/yr.

What are your thoughts on this:

The judge granted support based on the fact that I was sharing housing costs and my x was not. Our income & fixed expenses were the same. According to my attorney, the judge in effect imputed my roomates wages in determining my support. Afterall, her living expenses are controlled by her. If they are unmanageable, she should either move to an more affordable residence, or get a roomate herself. Are there rulings which coorespond or diverge from the judge's reasoning?

Thanks.