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State: Texas

I asked several weeks ago about my ex being in contempt of a contempt. He was ordered to pay me for half of the medical expenses that I paid. He is the CP and I am the NCP.

I filed a motion to revoke the community supervision because he failed to make August's payment on time. He paid Septembers, and was served on September the 11th with the motion. He still did not make payment for August even after having been served.

Today I recieved a check for the full amount due to me, and a letter from his attorney stating that I need to withdraw the motion, and states that its now frivilous. He wants attorney's fees if I proceed.

He was due to pay me on August 1, September 1, and October 1. It cost me 75.00 to have him served with this motion.

He refused to allow me contact via the phone with my daughter since recieving the motion. He told her that its my "punishment" for having filed the motion in the first place.

The court date is set for the 23rd of October.

1. Should I revise the motion and request reimbursement for the filing and service fees?


2. Should I bring up the fact he took away my phone contact in order to punish me?


3. Or should I just withdraw the motion and "eat" the 75.00 fee?


4. How long does he have from being served to respond to the motion? Is he past that time?



5. Any other advice?



Thank you in advance.

State is Texas.

I am the NCP.

Motion for Contempt found guilty on June 12, 2006, 4 violations, on my ex. He was placed in handcuffs in the courtroom and forced to reach an agreement with me in order to secure his release.

Motion to Enter August 7, 2006

Agreement: $100/month on first of each month beginning July 1, 2006 & paid on first of every month until paid in full. $500 atty fees (paid monthly after mine) and $500 contempt fine $250 due 10/1/06 and $250 due 12/1/06.

He was sent a letter which he recieved on July 17, 2006 stating that payment was due ON the first of each month.

Attorney did not inform the judge on 8/7/06 (yesterday) that he was behind on the august payment already, despite my requests for her to do so, and her informing me that she would do so.

The motion entered yesterday states the following:


Provided however that the incarceration for each such contempt (4 contempts), is suspended and he is placed on community supervision for a period not to exceed 5 years as long as he meets the following requirements"
 
Requirements being that I am paid on the first of the month without fail.


"A violation can result in arrest by warrant and revocation of community supervision"


My questions are:


Do I have to wait a certain number of days that he's past due before I can file a contempt charge or do anything to him? How many days?


Since he's already in contempt and has now violated the contempt by refusing to continue payments, what recourse do I have?

If the judge knew he was already in contempt at the time the motion was entered, would she have done anything, do you think?

What normally would happen if someone blatantly ignores the court's ruling and refuses to pay on a contempt charge?

State: Maryland

Socrateaser,

My ex lied to the court, and was able to obtain supervised visitations. The court order does not spell out who, when and where, and even though it does "merge" the separation agreement; my ex goes by the 2 page tells almost nothing order.

Now I am assuming that my visitations are supposed to be just as they were in the separation agreement thus I get 2 weeks in the summer. He agreed 3 weeks ago for me to take one week of that visitation this month. The dates and times were arranged and so was the supervisor.

Last night he changed everything. He is now insisting he will supervise after work, and states that I have to come to his home alone, because its in the court order (I don't see it in my copy of the court order, he seems to have his own version if you catch my drift).  This is also cutting my visitation down to a max of 4 hours per day I am there. I am not comfortable being at his place alone and with no guarentee that our daughter will even be there. Theres a huge trust issue here.

I am filing a modification of custody and visitation based on other issues while I am in the area. I have all the e-mails we have sent back and forth with regards to his agreeing  and then changing.

1. Can I file for contempt since he agreed and lowered the time?

2. Anything I can do at all besides file the modification I already plan to file?

3. What about protecting myself? Am I able to take my own 3rd party with me for safety and to protect my interests?

Thank you for any advice in advance.

I will attempt to make this brief, no promises. Case is in MD.

Went to court in April of last year. No mention of the amount in the support order, or arrears were brought up during the hearing. We only discussed medical insurance during the hearing.

The findings of the facts of the hearing master does not state arrears, when they started ect. It is completely left blank.

Order is sent to an old employer and I discovered that they were taking arrears from Jan of 2005, via this paper. The 2 page court order arrives with NO mention of either support payments or arrearages.

I sent a Motion for Clarification and 8 months later its still not been dealt with.

The CSE agency sent the IRS a withholding order on tax refund, ect. However I do not have a copy of the arrearages, amount to be paid, or anything with the length I should pay the extra they say I need to pay towards arrearages. (I hope that all makes sense).

I have attempted to contact the office several times and no one returns my phone calls, and obviously writing things doesnt do much good as it is still not being dealt with at present.

The paperwork that they have sent me stating I have an arrearage is just a computer generated paper. I have nothing with these figures signed by a judge. NOTHING.

Questions:

1. Should the order clearly state the amount I am to pay each month for the "basic" support payment?

2. Should I have a detailed order that says from when the arrearages started, how much extra I am to pay, and for how long those payments are to continue?

3. Any suggestions on what I should do next?

I am going to try to do this very quickly.

My court order states I have liberal phone contact with my DD. I use that to contact her one time per night. My court order originates in Maryland.

Recently my ex discovered I was talking to his 2nd ex wife and his ex  g/f. He sent me a message saying I was not to contact either of these, nor contact him, or his family.

Tonight I contacted my daughter as usual and I was screamed at by her, telling me that her father told me I am not to call. She also proceeded to call me some nasty names which we wont go into here.

1. My question is if I have a court order that states liberal phone contact can I contact her, 1 time per night without getting slapped with harrassment charges?

I would assume not, but I have learned you dont assume anything.

I am the NCM to 1 daughter, her father is the CP. He has sole physical custody. I reside in New Hampshire, he now resides in WV, and my daughter (as of saturday) resides in MD.

Heres a brief run down. He has moved her several times from one school back to the "original" school. He moved her across the state lines without notifying me for over 30 days, this past June.

This past Saturday he contacted me stating he was moving her to his parents while, he remained in WV.

Two Questions

What does Maryland law say about moving with the child, and notification to the NCP?

Does moving her in with his parents constitute abandonment? They  do not have guardianship. This is the second time he has done this.

I hope I have given you enough information. Willing to provide more if necessary.

Thank You.