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Author Topic: Contempt: should we or shouldn't we?  (Read 2772 times)

faithap

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Contempt: should we or shouldn't we?
« on: Nov 21, 2003, 08:35:54 PM »
Dear Soc,

I haven't posted on your board in quite some time now. We won full custody of my DH's 3 children a little over a year ago. The BM was awarded every other weekend visitation. My DH was awarded a "bank" of time; he may take any or all of BM's visitations away from her with the exception of X-mas and Mother's Day, because of the 2 years she withheld the kids from him. She also went to jail for perjury...sentenced to 10 days in jail, but only served 5. She is on probation for another year. During her 2 yr probation, if she fails to strictly comply with any CO, the balance of the 10 day sentence shall be immediately imposeed.

She is in contempt for failure to comply w/COs in regards to:

1. She has not sent us copies of her W2s, 1099s and entire income tax return for the year 2002.

2. She has not paid half of the uncovered medical bills, totalling up to $705.23 (her half).

3. She has an arrearage of $1,578.97 in Child Support since Jan. of 2003.

If we do not recieve her income tax returns, etc. for this year, we plan on filing Contempt of Court. Could you give me your opinions on this?

Also, could we use the fact that she lied to CSE and got her income tax check sent back to her? CSE screwed up and took her word for it that she had paid her arrearage in full and they sent her check back to her. They did not read the CO's,when it plainly states in the CO that what she paid (1,048.26) was for atty fee's and NOT for cs. Could we use this against her?

Sorry it was so long. Thanks!




socrateaser

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RE: Contempt: should we or shouldn't we?
« Reply #1 on: Nov 22, 2003, 07:35:16 PM »
>Dear Soc,
>
>I haven't posted on your board in quite some time now. We won
>full custody of my DH's 3 children a little over a year ago.
>The BM was awarded every other weekend visitation. My DH was
>awarded a "bank" of time; he may take any or all of BM's
>visitations away from her with the exception of X-mas and
>Mother's Day, because of the 2 years she withheld the kids
>from him. She also went to jail for perjury...sentenced to 10
>days in jail, but only served 5. She is on probation for
>another year. During her 2 yr probation, if she fails to
>strictly comply with any CO, the balance of the 10 day
>sentence shall be immediately imposeed.
>
>She is in contempt for failure to comply w/COs in regards to:
>
>1. She has not sent us copies of her W2s, 1099s and entire
>income tax return for the year 2002.
>
>2. She has not paid half of the uncovered medical bills,
>totalling up to $705.23 (her half).
>
>3. She has an arrearage of $1,578.97 in Child Support since
>Jan. of 2003.
>
>If we do not recieve her income tax returns, etc. for this
>year, we plan on filing Contempt of Court. Could you give me
>your opinions on this?

You can't get blood from a stone, but I would send her a letter asking her to abide by the requirements of the court's orders, and, if she cannot, that she explain why. If you don't receive and adequate or timely response, then file for contempt.


>
>Also, could we use the fact that she lied to CSE and got her
>income tax check sent back to her? CSE screwed up and took her
>word for it that she had paid her arrearage in full and they
>sent her check back to her. They did not read the CO's,when it
>plainly states in the CO that what she paid (1,048.26) was for
>atty fee's and NOT for cs. Could we use this against her?

Based on your facts, I don't think you need any of this additional evidence. The requirement of contempt is that an valid and enforceable order exists, the contemner has knowledge of the order, and the contemnor willfully failed to follow the order.

:)


>
>Sorry it was so long. Thanks!
>
>
>

faithap

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RE: Contempt: should we or shouldn't we?
« Reply #2 on: Nov 22, 2003, 09:49:49 PM »
Just wanted to say THANK YOU!!!!!  :-)

 

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