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Judge denied my Motion for Summary Judgment After twice refusing to hear my counterclaim. Requested Respondent to pay court fee.

Indianapolis, IN |

I filed Motions to amend child support, legal custody and other relief: Respondent pay my court fees and time I spent on the case as a Pro Se litigant. Parties were in Court as the Respondent filed the initial motion. Court ruled that my motions would confuse the present hearings and said he would set my motions for another date. Court Only set the child support matter for hearing. I filed another motion to set legal custody and other relief for hearing and motion was granted to hear all matters at same hearing. All matters were addressed Except for matter of my fees. Judge dismissed the case immediately following the legal custody issue and the i hour set had elapsed. Court denied Motion for Summary Jgement stating there ARE NO MATTERS FOR WHICH SUMMARY JGEMENT IS APPROPRIATE. WHAT2DO?

i feel that the Judge purposely avoided the matter of fees for the following reasons: he did not set my matter for hearing after he said he would at the hearing initiated by the Respondent; at the the hearing for my motions, the judge told me to "start' the hearing and I led the matters for child support and lega custody; however, Judge jumped in and brought up a matter I have initiated for appeal and he wanted me to present further testimony in that matter. I explained that I would rather handle the matter on appeal as I was unprepared to present evidence at that time. And that I had not made a motion for the matter on appeal. The Judge then went on to explain to the Respondent that he had a right to respond to my Notice of Appeal or that he did not have to. After stating this the Judge immediately said this hearing is over. I said to him " We did not address my counterclaim for fees." Judge responded, "You should have said something." And started a conversation with the Court Reporter.

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Attorney answers 3

Posted

You need to consult and hopefully hire a lawyer. Im sorry to say, but you are over your head in trying to represent yourself. You apparently have done some research on procedure, but you dont know which ones apply when, and to what. I dont practice in Indiana, but I doubt the issues of support, custody, or court fees could be determined by summary judgment. You are only going to get frustrated, possibly screw up your case, and anger the judge by persisting in pursuing improper procedures and argument.

Posted

Meet with a family law attorney. There is too much to advise in this type of forum and more information needed.

Posted

You really need to retain an experienced lawyer in this area of law in Indianapolis to advise you about your case, if you don't you risk an adverse consequence! This is too important not to have someone with the necessary knowledge and experience helping you! Good Luck.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Asker

Posted

Thank you. for your response. I am already seeing the effects of adverse consequences in these proceedings. My answer in response to the Respondent's initial motions was not allowed. However, overall in these matters I have achieved legally what I wanted based on the law. The Fact of Findings have been unfavorable towards me, but the final Orders that really matter are favorable to me. I believe that Judge has derailed my cause in a number of ways with first telling me that I did not have to file an Answer, therefore,I did not file one initially. The Respondent is already in contempt since he was granted alternate weekends three months ago. this past weekend he returned our son home 1 1/2 hours late. He called me a half hour before the drop off time and told me they would be at my house at the appointed time. When I called 35 minutes after the due time he told me again he was on his way. When I called 35 min. later he told me to Shut up. and to call the police. So I know I will have to see this Judge again to address contempt if the Respondent continues these actions. But this Judge did not want to nor did he acknowledge my testimony when I testified that these were actions the Respondent also did in the past. The fact of findings from our case show none of my testimony of his past actions and further blame me for modifying the Parenting Time to modify our relationship. Oh well. The truth will have to come if I keep documentation such as text and son's affadavit.

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