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Author Topic: Correct Filing  (Read 1748 times)

Windd

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Correct Filing
« on: May 23, 2007, 08:44:33 AM »
What is the significance to filing for Paupers exemption regarding court fees? The NCP filed and judge approved. Can this be used later to then dispute the payment of attorney fees by the NCP?

Contempt charges filed and awarded against NCP late last year. How do you title additional paperwork regarding additional contempt charges?


John-J-Jay

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RE: Correct Filing
« Reply #1 on: May 23, 2007, 09:13:54 AM »
what are you claiming the NCP did in contempt? What was the last results of the previous contempt and what did the judge order?

Windd

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RE: Correct Filing
« Reply #2 on: May 23, 2007, 09:51:23 AM »
NCP held in contempt for not returing child on time, calling before 9am and after 9pm, not having required life insurance, not taking child to court ordered therapy during their time, not paying their ordered share of school fees, therapist fees, not paying child support.

Judge ordered compliance with order in late October.

Fast forward to now; NCP has still returned child late, not taken to court order therapy, not completed court order focus on children, no life insurance, support(new order entered recently), still call before 7am after 9p, has not paid their share of mandatory school fees

Was order to seek full time employment, has not kept job diary as required


John-J-Jay

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RE: Correct Filing
« Reply #3 on: May 23, 2007, 10:06:11 AM »
when you were in court the 1st go around did the judge make a stipulation if the NCP didn't comply he would sentence the NCP or place fines on the NCP?

the reason i'm asking is i'm trying to get an understanding of how the judge made a ruling.

John-J-Jay

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RE: Correct Filing
« Reply #4 on: May 23, 2007, 10:07:01 AM »
what the age of the children and how long have you had custody?


Windd

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RE: Correct Filing
« Reply #5 on: May 23, 2007, 10:58:10 AM »
No stipulation other than orders need to be followed. No threat of implication of sentencing or fines. Here we are six months later and still the same issues. NCP behavior as gotten worse. Order to seek job at every status since October. When status are set the NCP needs to check their scheduel to see if they are available, they have no job so why do they need to check their schedule.

The ages are 12 and 8 and have been in my custody 2yrs

John-J-Jay

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RE: Correct Filing
« Reply #6 on: May 23, 2007, 11:14:17 AM »
I'm a custodial parent and from my experience the court cannot make your ex get a job, what they can do is impose ex to pay child support based on your ex spouse potential to earn income on what she made at one time. your ex can't avoid paying child support by not working. It sounds like your ex might be working. You might be able to get the attorney Generals office to trace her social security # to see if she is employed and if she is them i would file a motion to enforce. But one thing i've learned after having custody for 8 years (I'm the dad) is the court will get tired of having this in court. If you can deal with the BS I would just deal with it. Eventaully your ex will hurt themselves more and more. If you feel like you need to file a motion to enforce put in the language you want jail time if the ex doesn't comply.

I would however fight to the fullest for the sake of your kids. Believe it or not you have 6 yrs with one and 10 with the other child and that time will fly past.

How did you get custody in the original divorce proceedings?

Windd

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RE: Correct Filing
« Reply #7 on: May 23, 2007, 11:56:05 AM »
The mom used to be considered the custodial parent. There were some issue going on so I took it back to court. The kids atty had evaluation done and the evaluator recommended sole custody to me (dad) but the judge ordered the change but kept at joint.

We have been back several times in the past year and 1/2. NCP was ordered not to pull kids from school and the schools were ordered not to release to her. The NCP is a true narsacist. We had a status recently and the sheriff, reporter, and atty checking in were looking at her like she was from another planet.  She is working but only 20hrs a week per her with no set schedule.

I did find out that she got on public assistance and indicated the kids lived with her. She stopped working to to redue her support onligation but supplements it with public assisitance.  I asked my atty to bring it up in coourt but she stated the judge will do nothing with it unless it is a trial and thereby affecting her credibility. I am like bring it up anyway becasue this is about credibility. I did contact the plublic assistance office and faxed them over the oders stating they live with me.


My atty stated this was the most frstraing case she has ever worked and the NCP just ingnores the courts orders. I do not feel my atty has pushed enough and I feel I am being gouged while the NCP is pro se.

John-J-Jay

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RE: Correct Filing
« Reply #8 on: May 23, 2007, 01:17:52 PM »
I agree and feel your pain. I've currently have spent $8000 to try to get my ex wife to pay her child support and she makes $87,000 a yr. I haven't even had a temporary orders hearing and it's been 7 months.

What was the reason you regained custody? what was the reason they removed the child from your ex?

 

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