Possible contempt

[Chimp]

Soc,

In IN.

Divorced 1997. Order amended 1998 to include additional summer visitation for me (NCP) with visitation for Mom if we are in town (not travelling) during our vacations.

During my summer vacation, I would like Mom to pick up our daughter for her visit and I will pick her up at the end of Mom's visitation. Mom left a message threatening contempt if I did not provide all the transportation during her visit.

Indiana Parenting Time Guidelines state transportation is to be split with the NCP providing transportation at the start of parenting time and the CP providing it at the end. Indiana Child Support Guidelines state courts should not automatically require the noncustodial parent to bear the entire expense for transportation of the child(ren) for purposes of visitation.

I've petitioned the court 3 years ago to deduct transportation expenses from my support or have Mom provide transportation at the end of visitation . There is nothing in the decree that requires me to bear all the transportation expenses. I currently provide all the transportation and am currently in a custody evaluation based on Mom's repeated visitation denial and several false allegations of sexual abuse.

I don't want to blow my chances for custody yet I would like for Mom to provide part of the transportation for her visits.

Question:

1. Can I be held in contempt even if the Court's order is silent regarding transportation expenses?

[socrateaser]

>1. Can I be held in contempt even if the Court's order is
>silent regarding transportation expenses?

Contempt requires the willful and knowing violation of a valid, enforceable court order. Your facts state that the order is silent as to transportation costs, and you cannot have knowledge of an court ordered obligation to pay transportation, unless it is actually written in your order, therefore, no contempt.

Now, if your order refers to the IA state guidelines as "filler" where the order is silent, and as you state, the guidelines instruct to apportion transportation in a certain manner, THEN, because you would have knowledge of the guidelines, you could be found in contempt for violating them.