Messages

I wish you luck! I dont have any advice, other than make sure you have a good attorney.

Children need both parents.

State: Texas

I asked several weeks ago about my ex being in contempt of a contempt. He was ordered to pay me for half of the medical expenses that I paid. He is the CP and I am the NCP.

I filed a motion to revoke the community supervision because he failed to make August's payment on time. He paid Septembers, and was served on September the 11th with the motion. He still did not make payment for August even after having been served.

Today I recieved a check for the full amount due to me, and a letter from his attorney stating that I need to withdraw the motion, and states that its now frivilous. He wants attorney's fees if I proceed.

He was due to pay me on August 1, September 1, and October 1. It cost me 75.00 to have him served with this motion.

He refused to allow me contact via the phone with my daughter since recieving the motion. He told her that its my "punishment" for having filed the motion in the first place.

The court date is set for the 23rd of October.

1. Should I revise the motion and request reimbursement for the filing and service fees?


2. Should I bring up the fact he took away my phone contact in order to punish me?


3. Or should I just withdraw the motion and "eat" the 75.00 fee?


4. How long does he have from being served to respond to the motion? Is he past that time?



5. Any other advice?



Thank you in advance.

Well its medical support. I paid the medical, he was to reimburse. So I guess in away it is support?

I think you missed the part, about my being the NCP! Its the custodial parent who is in contempt.

Child support is always paid on time to him, and I suppose its the principle of the matter. He expects me to jump thru hoops, but he can't pay me what is a little amount compared to what I pay him.

Thank you very much!

State is Texas.

I am the NCP.

Motion for Contempt found guilty on June 12, 2006, 4 violations, on my ex. He was placed in handcuffs in the courtroom and forced to reach an agreement with me in order to secure his release.

Motion to Enter August 7, 2006

Agreement: $100/month on first of each month beginning July 1, 2006 & paid on first of every month until paid in full. $500 atty fees (paid monthly after mine) and $500 contempt fine $250 due 10/1/06 and $250 due 12/1/06.

He was sent a letter which he recieved on July 17, 2006 stating that payment was due ON the first of each month.

Attorney did not inform the judge on 8/7/06 (yesterday) that he was behind on the august payment already, despite my requests for her to do so, and her informing me that she would do so.

The motion entered yesterday states the following:


Provided however that the incarceration for each such contempt (4 contempts), is suspended and he is placed on community supervision for a period not to exceed 5 years as long as he meets the following requirements"
 
Requirements being that I am paid on the first of the month without fail.


"A violation can result in arrest by warrant and revocation of community supervision"


My questions are:


Do I have to wait a certain number of days that he's past due before I can file a contempt charge or do anything to him? How many days?


Since he's already in contempt and has now violated the contempt by refusing to continue payments, what recourse do I have?

If the judge knew he was already in contempt at the time the motion was entered, would she have done anything, do you think?

What normally would happen if someone blatantly ignores the court's ruling and refuses to pay on a contempt charge?

I hadn't thought of a microcassette recorder! Thank you for that idea.

It wouldn't be wise to put myself in that kind of risk however, considering the amount of alienation in my case I don't feel I have a choice.

Thank you :)

State: Maryland

Socrateaser,

My ex lied to the court, and was able to obtain supervised visitations. The court order does not spell out who, when and where, and even though it does "merge" the separation agreement; my ex goes by the 2 page tells almost nothing order.

Now I am assuming that my visitations are supposed to be just as they were in the separation agreement thus I get 2 weeks in the summer. He agreed 3 weeks ago for me to take one week of that visitation this month. The dates and times were arranged and so was the supervisor.

Last night he changed everything. He is now insisting he will supervise after work, and states that I have to come to his home alone, because its in the court order (I don't see it in my copy of the court order, he seems to have his own version if you catch my drift).  This is also cutting my visitation down to a max of 4 hours per day I am there. I am not comfortable being at his place alone and with no guarentee that our daughter will even be there. Theres a huge trust issue here.

I am filing a modification of custody and visitation based on other issues while I am in the area. I have all the e-mails we have sent back and forth with regards to his agreeing  and then changing.

1. Can I file for contempt since he agreed and lowered the time?

2. Anything I can do at all besides file the modification I already plan to file?

3. What about protecting myself? Am I able to take my own 3rd party with me for safety and to protect my interests?

Thank you for any advice in advance.

Well technically I never volutarily quit anything! I only worked for 1 year, the rest of the time (from age 17) I have been a stay at home mom. The most I have made in that year was just under 12,000.00. Affording 455.00 for day care on that pay just doesnt work so well.

Anyway thats kind of beside the point! lol


I will definetely keep on them.

Thank you again.

I guess I wasnt clear and I am sorry for that.


The motion for clarification was to clarify the orders in the beginning after I recieved them. Its been filed with the court, they have a copy on file, the CSE and the other parent has been served.

No one seems to know whats going on with it. Its just sitting in limbo.

Problem is an attorney is gonna cost me more, to get this mess straightened out than actually just paying the amount.

The other problem is I am afraid that since they have set the amount, they would decide that I am impoverishing myself because I have had 3 other children with my new dh. Getting a full time position doesnt make any sense when you have to pay for child care for 3 children under 5.

1. Do you think I could get a modification despite this?

Thank you again for your time :)

>Depends on whether it's the court order of support or the wage
>assignment order sent to the employer. They are two different
>things -- one is the actual order stating you owe support
>and/or arrears and how much, and the other is an order to the
>employer to take part of your wages to satisfy the court's
>support and arrears orders.

It was the wage assignment order, that was sent to my employer.




>>2. Should I have a detailed order that says from when the
>>arrearages started, how much extra I am to pay, and for how
>>long those payments are to continue?
>
>You should have an order stating the support and arrearrage,
>and the terms of repayment. However, as to how it was
>calculated, that would be a findings and conclusions of law,
>which you may or may not get in writing, depending up whether
>you asked for it at the time when the findings and conclusions
>were made verbally by the court.
>
>Obviously you didn't ask, because you didn't know you were
>entitled to ask. That's why people have attorneys represent
>their interests -- so that the government doesn't trample them
>into the ground.

As far as the amount, I am not really required to pay that much even tho currently, my employment leaves me with 91.00 for the month. It sounds like a lot but, its not. I baby sit one child on a part time basis to make the money for the "unknown" support order.

What I have a problem with, is the lack of an order with amounts, arrearages calculated, and repayment spelled out, and signed by a judge. I am afraid in the end I am going to be royally screwed.

>>3. Any suggestions on what I should do next?
>
>Generally, when there is an error in an order, the person who
>is having his/her money garnished, pays enough attention to
>make sure that no more money than required is being taken.
>
>A child support wage assignment is confirmed by operation of
>law if not objected to within 10 days of receipt by the
>employee. This has been going on for over a year, based on
>your facts, so you will have a lot of trouble explaining to
>the court how it is you just now noticed that the employer has
>been taking more of your money than lawfully allowed.
>
>In short. You're probably SOL.
>
>But, there must be an order in existence somewhere, in order
>for CSE to garnish your wages. The order may be an
>administrative order instead of a court order, but it must
>exist, and there must have been some sort of hearing during
>which the order was issued.
>
>You may not have been present, and you have almost certainly
>lost your opportunity to object to the order. So, the order is
>either at the county courthouse, if that's where your original
>support action was heard, or it's at CSE if the order was
>produced by an administrative hearing officer. Either way, you
>should be able to obtain a copy from one or the other
>location.
>
>You can file a motion to modify support, and then obtain a
>calculation of your arrears already paid and remaining, as
>well as a new calculation of ongoing support.
>
>But, you need to hunt down all of your orders, so that you
>know what the heck your modifying, or the court will be as
>confused as you currently are.

I have checked all records and there is no record of another hearing, unless that was what they did for 10 minutes after they asked me to leave the court room, saying we were "finished". My ex stayed.

That is why I sent the Motion for Clarification that they are sitting on, and have been sitting on  for 9 months now. They insist they are working on it but I dont believe this for a second. Everyone who needed to be served has been served.

I called 2 Fridays ago and requested ALL orders signed by a judge, as that will clear up the "confusion". To date I have heard nothing from my case worker by phone or in writing.

1. Can I attempt to get a rehearing based on the fact that I do NOT have an order with amounts anywhere? Only on the paperwork that the CSE office is printing out for employers.

*Remember the 2 page order is signed by a judge but ONLY discusses medical issues, no amounts are listed anywhere.*

Thank you for your time.