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My atty was with me in court. We showed all the documentation, copies of checks, payment records from CSE, everything. The father makes 3x what I do, 2 yrs ago he got this new job making 75k/yr....so he doesn't need my money, this is all retaliation/revenge on his part.

I have never asked for a reduction in CS amount. I have always paid as per the CO. Then the last time we went to court, 2yrs ago, I still paid even though I was not ordered to do so. My ex admitted this in court today. He wasn't disputing that I paid something, he was saying I refused to pay the CO amount. The problem with this is not only was this not true, but at the time I wasn't ordered to pay at all...so how can a judge be stupid enough to believe that I refused and willfully violated a CS order when there wasn't one in effect?

My daughter has been stuck living with this jerk for too long...she's 14 now ad wants out...she's wanted out the whole time, but when my ex continually files frivolous motions, I can't fight for custody because I'm stuck arguing with him over menial, stupid things he brings up in court. Majority are dismissed, but it keeps him in control and that's what he wants. Or he makes up deals that he never follows and the motions end up sitting in limbo & eventually dismissed as well.

My only recourse as of now I believe, is to appeal this judge's decision. But I really need to find out the lagalities as far as what happens to a temporary order when a motion in court for something totally unrelated is dismissed....how can the temp order be dismissed as well when it deals with something totally separate? Also, I need to know what constitutes a legal binding contract between two parties...him signing and cashing my CS checks should have proven that he accepted our agreement, but because he said he didn't make an agreement with me, the judge wouldn't even listen to my side of the story. The judge said I needed it in writing...well, that's the whole problem here, my ex never wrote the letter for court as promised, but instead continued to cash my checks....then decides to take me back to court for non-payment....how can that be construed as me violating an order?

I have always abided by this CO, even though I have been screwed in every way possible because of the wording. Instead of using it as a guideline as you are supposed to, my ex uses it word for word and if it doesn't specifically say I can see my daughter, he won't let me see her. I have lost lots of time with her, but can't even bring it up in court because he is the only one they listen to...frustrating to say the least.

They act like I'm a deadbeat when in fact I am better than most & have always done what I'm supposed to...even if it means that I have to look like I give in.....not fair doesn't even begin to cover it....

Sorry...I'm in Texas. The judge agreed that I was paying CS with the canceled checks, but because my ex lied & said I was paying a lesser amount because I "told him that I couldn't afford the reg amount", the judge said I was in arrears for the amount not paid per month & the past 2 months since filing.

The CSE abated the CS as per the temporary court order. This was the judge's order. He stopped CS because my ex said he didn't need me to pay him anymore. I did not ask the CSE to close my case, they closed it based on the temporary court order, which is what I'm trying to find out about. If the temp order was sufficient to abate (stop) CS completely, and the CSE stopped garnishing my wages and closed my case with them, wouldn't a new order have to be issued if we indeed had reverted to the original CO? If the dismissal of my motion caused us to revert to the original CO, what happens to the temporary court order?  The only thing dismissed in court was my motion for custody, not the temporary order signed by the judge to stop the CS payments.

We are still following this order as far as my ex putting our child on his health ins (I was originally the one who paid, but have not since then), so why hasn't everything reverted back? Why can my ex say that the CS has reverted back but nothing else? Are temporary orders left standing in court until something changes them or they are finalized? Doesn't my ex cashing my checks show it as a binding agreement that he accepted the lesser amount regardless if the judge believes that it was his idea or not? Why am I being penalized for something that I have no control over? I cannot reinstate the CS, that has to be done by CO only....so how can I pay if there is no order?

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In June of 2007 my ex had the judge abate my CS. The temporary order was submitted to the child support disbursement unit & subsequently the CS was no longer being garnished from my paycheck. MY ex and I made an agreement & he lowered my support payments if I paid him directly so he wouldn't have to go back to court, and he said he would write a letter for the court file stating same. I continued to pay him, even though the temp order was on file, for another 18 months. In January of this year he contacted me and said he wanted more $$. When I told him it was against our agreement, he said he decided how much/when I paid & there was no agreement. He proceeded to take me to court when I wouldn't give him more $ and the court date was today. I contacted the child support office yesterday morning & was told that my order was listed as a "registry order" only and the original order was closed per the temp court order in 2007. I was told if there were any arrearages that they would have had to enforce the order, but there is no order. My motion was dismissed in Nov 2007, but we continued to follow the temp order, except for the CS he was making me pay him directly. The judge said in court that if the motion was dismissed, then the temp order was most likely dismissed as well. He then proceeded to find me in contempt for non-payment of CS! How can I be in contempt for something that doesn't exist? If the original CO was back in force, wouldn't myself and the CS office have to have been informed and wouldn't a new CS order have to be re-instated in order for me to be held accountable for it? My checks were garnished, if they are not being garnished now, nor for the last 21 months, how can I be in contempt if they aren't taking the money? I have always paid my support, I paid when I wasn't ordered to, and always consistently & on time. I had my cancelled checks that my ex cashed to show in court and the payment records from CS showing that I was never behind. Yet, the judge stated that I was obligated by the original CO when my last motion was dismissed. My ex even stated that he didn't pursue re-instating the CS order but didn't give a reason why. The judge said that I didn't have a written agreement with my ex so even though I paid him CS (as stated on all the checks), I was still in violation of the CO because I wasn't paying through the CS office. How can I pay through the CS office when they don't have an open case for me to begin with? So the judge ordered me to pay in excess (mind you this is only over the past 16 months) of $3,200 + 6% interest + $1000 for ex's atty fees, my CS was raised to $500/mo for one child now. He ordered me to appear in court on Aug. 13 and said he would do sentencing at that time for the contempt if I hadn't paid the atty fees by then.

I am at a complete loss here. If my ex signed & cashed my checks doesn't this make it a legally binding document/agreement? If there is a temporary order before the court, doesn't it remain in effect until it is changed or finalized? How can I found in contempt for an order that isn't even there? I know I've asked that already, but I just can't fathom how this could have happened. I'm not trying to evade my responsibility for my child, I had no problem paying for her, and paying the amount he stated, until he wanted to keep raising it without a judge's order.

Does anyone know if there are any precedents or statutes that deal with temporary orders and the appeal process. Because I am definitely appealing this decision. I should not have to be treated like I'm a deadbeat parent in court when I proved that I was and have never been such. Any help anyone could give me would be greatly appreciated. This has been an ongoing battle with my ex for over 7 years and I'm so tired of being screwed every time we go to court, not only does he always get his way, but he never has to prove anything, no documentation whatsoever...I, on the other hand, must always have too much paperwork and prove every minute detail of anything I say. This is beyond ridiculous.

Thank you for any help you can give me!