Mom Makes Speculative Claims of Dad Drinking During Parenting Time

The Previous Hearings:

https://www.youtube.com/watch?v=-Cfc-W3dUI8

Dad Seeks Reimburse for Sobriety Testing Which Can Be Deducted from His Child Support Obligation
Case Summary:

Parties:
Plaintiff (Mother): Kelly Levoy, represented by attorney Mr. Gorski.
Defendant (Father): Nicholas Alexander, represented by attorney Matthew Vitos.
Primary Issue: Modification of parenting time and child support, with a significant focus on allegations of the father's alcohol consumption.
Background:
There was a prior court order prohibiting both parents from consuming alcohol before or during parenting time or while transporting children.
The father had previously been placed on Soberlink (alcohol monitoring) after violating the alcohol provision of the court order.
The mother filed a motion to modify parenting time, alleging the father recently drank alcohol during his parenting time.
Key Arguments:

Plaintiff (Mr. Gorski/Ms. Levoy):
Allegation of Alcohol Use: The father consumed 44 ounces of beer before picking up his child from school, violating the existing court order. This is based on a receipt.
Past Violations: The father has a history of denying alcohol consumption, only admitting it when confronted with evidence.
Credibility: They question the credibility of the father and the sworn statement provided by his friend, Mr. Milam, who claims he drank the beers, citing it as "self-serving."
Soberlink: They requested the father be put on Soberlink immediately to protect the children. They wanted this in place before the holidays.
Defendant (Mr. Vitos/Mr. Alexander):
Unverified Motion: The motion alleging alcohol use is unverified and not supported by sworn testimony from someone who saw him drink.
Mr. Milam's Affidavit: They presented a sworn statement from Mr. Milam stating that Mr. Alexander didn’t drink alcohol that day and that Mr. Milam drank the beers purchased.
Receipt Not Proof: The receipt only proves the beers were purchased but doesn't prove who consumed them.

Credibility Issue: The father's past denials of alcohol use undermined his current claims, even with a sworn statement from his friend.
Burden of Proof: The court is considering the arguments that the mother’s allegations were unsubstantiated, while also recognizing the father’s history of violating the court’s orders.
Child Safety: The primary concern for the court was the safety and well-being of the children, which is why the Soberlink was ordered.

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