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What do you do when the ex wants you to support them, along with the children, and they ask for the money in the form of child supprt?

My fiance's ex has motioned for a raise in child support, claiming she can't afford to raise their daughter unless my fiance pays more.  However, the ex has a good job that pays well and she brings home a bigger paycheck than my fiance. She can't afford things because she's paying mortgage on the house they used to share but has neglected to rent out the lower appartment. In other words, she'd rather make my fiance pay more in child support than get off her lazy butt and rent out the lower half of her house, which would bring in an extra $600-$800 a month.

It's a perfectly good appartment and is in decent shape, there is no reason for it to be vacant. She's even had offers but she never returned the calls.

How can we prove in court that the ex is willfully not renting out the appartment?

Will the courts see that she is just playing games?

"Re the contempt, if you were found in contempt, then you'll be taxed with the other party's legal fees, because but for your contempt, your ex would not have incurred the legal expenses."

I am trying to avoid being found in contempt by paying the arrears before the next hearing. Assuming my ex's lawyer will charge me for both hearings, it seems it would just be cheaper to withdraw myself.

Question:
1. If I eliminate my arrears now, there won't be need for a future hearing?

Thank you.

Dear Soc,

I live in Ma, ex lives in NH

Last week I had a hearing for contempt of child support. During the hearing I offered to pay the arrears from my retirement account but my ex's lawyer objected. The judge requested I fill out an updated financial statement and then sent us to probate for mediation (I believe that's what he meant.)

I filled out the new statement and when I searched for my ex's lawyer, a clerk informed me that the lawyer told the judge I had left the court house and a Capias was issued against me. Note: I never left the court house.

I tele-conferenced the lawyer, faxed him my account balance and told him I'd have to withdrawal to pay the arrears. He then told me he wanted me to pay the court fees and his legal fees as well. He's scheduling another contempt hearing in 2 weeks.

Note: Withdrawing from the account myself would result in fees and penalties. A court order, however, sidesteps all that.

I would rather not pay my ex's legal fees again. Also, my ex and her lawyer have me by the onions and I'm tired of it.

Questions:

1. Aside from going back to court on another contempt hearing in 2 weeks, is there something I can file now to get an order to withdraw for just the amount for the arrears I owe?

Thank you

"Re the contempt, if you were found in contempt, then you'll be taxed with the other party's legal fees, because but for your contempt, your ex would not have incurred the legal expenses."

I am trying to avoid being found in contempt by paying the arrears before the next hearing. Assuming my ex's lawyer will charge me for both hearings, it seems it would just be cheaper to withdraw myself.

Question:
1. If I eliminate my arrears now, there won't be need for a future hearing?

Thank you.

Dear Soc,

I live in Ma, ex lives in NH

Last week I had a hearing for contempt of child support. During the hearing I offered to pay the arrears from my retirement account but my ex's lawyer objected. The judge requested I fill out an updated financial statement and then sent us to probate for mediation (I believe that's what he meant.)

I filled out the new statement and when I searched for my ex's lawyer, a clerk informed me that the lawyer told the judge I had left the court house and a Capias was issued against me. Note: I never left the court house.

I tele-conferenced the lawyer, faxed him my account balance and told him I'd have to withdrawal to pay the arrears. He then told me he wanted me to pay the court fees and his legal fees as well. He's scheduling another contempt hearing in 2 weeks.

Note: Withdrawing from the account myself would result in fees and penalties. A court order, however, sidesteps all that.

I would rather not pay my ex's legal fees again. Also, my ex and her lawyer have me by the onions and I'm tired of it.

Questions:

1. Aside from going back to court on another contempt hearing in 2 weeks, is there something I can file now to get an order to withdraw for just the amount for the arrears I owe?

Thank you

Dear Soc,

Actually, after re-reading the court order, I cannot be sure if I have visitation or not. The judgment says I am to follow "the temporary order from last September" which orders me to an evaluation and supervised visits. But the judgment also says:  "there is no order for visitation at this time."

Questions:

1. Where the judgment says, "there is no order for visitation" is it referring to a "normal" visitation schedule?

OR

2. Am I not entitled to supervised visitation either?


Thank you

Dear Soc,

After driving by her house, I've found my ex already moved. She has left without leaving behind a forwarding address or phone number.

Question:

1. What can I legally do now to see my daughter again?



Thank you.

Dear Soc,

I live in MA, ex and my child now live in NH

The new judgment that was just ordered gives my ex sole legal and physical custody of our 6 yr old child. I must complete a substance abuse evaluation and I have to set-up supervised visitation.

Before trial, ex stated she wanted to move to her home state, 2 hrs away, with her new BF. I did not agree to her move. She filed a motion to have the topic addressed at trial, but the judge denied the motion.

We have not gone back to court for relocation as of yet, however my ex has just moved.

I cannot get a hold of her, since she has given me no forwarding address or phone number. However, on the Internet, I found her name is now currently listed at the same address as her boyfriends. Also, I have witnesses who recently saw a moving trailer at her home.


Questions:

1. What do I do to have my child returned to this state?

2. I have been desperately trying to prove lack of cooperation and PAS on my ex's part; will my ex's move without permission help my argument at all?

3. Any other suggestions on how to handle this?


Thank you

[business]

Dear Soc,

All parties live in MA

I received judgment from trial and I'd like to appeal. However, I read the time to file an appeal is only 30 days from the date of the order. I was told it was 30 business days but I just found out the court goes by calendar days, which means my time to appeal is up. Today was the last day and I cannot make it to the courthouse.

I highly doubt this helps but I received the judgment in the mail almost two a weeks after it was signed.

Questions:

1. Should I try to file tomorrow?

2. Is there anything at all that I can do to get my appeal in?


Thanks.

Good Morning Soc,

All parties live in MA. There was a trial 2 months ago and our case (for custody, visitation and child support) is still in recess/under advisement.


I am pro se.

I have just been served with summons to court for contempt on child support.

The summons says I have 7 days in which to respond.

I'm not sure about what I'm being asked to respond for.

Questions:

1. Do I respond only if I have an argument against being in contempt?



Thank you.