Contempt - certified mail - willful ?

[hoosierpapa4]

Soc, Indiana, have motions before the Court for contempt/show cause in a post-decree matter involving the payment of uninsured medical.  In Indiana, first 6% of child support is apportioned from NCP to CP for the purposes of paying the uninsured medical portion.

I have sent via Certified Mail, 3 letters requesting payment of uninsured medical portion along with request for reimbursement, 2 of these have been received and delivery notifications have been sent to my home as per USPS procedures.

Of late, the latest letter sent via Certified Mail is being met with recipient not acting upon the notification that the mail carrier attempted delivery and that the item is in the post office for pick up.  The other 2 were delivered and receipt signed for at time of delivery.

Contents of last letter, which is the only one so far not delivered, is the schedule for the childrens councelling sessions (which are ordered by the court), and request for reimbursement of expenses on behalf of the children from their previous sessions.

Contempt is for non-payment of uninsured medical which includes explicitly their counseling sessions.

1) I don't know if / how procedures work within court when it comes to presenting the letters which were not received and their contents, can you explain how this can be represented during contempt/show cause?

2) I doubt that this letter (#3) can be contemplated as "harassment" because the other two were delivered to her home and the only thing that she had to do was sign for it's receipt.  Do I dare send any more "expressing my dismay" at her willful violations of the courts orders?

3) Any other thoughts on how I can compel her to abide by the orders of the court?

[socrateaser]

>1) I don't know if / how procedures work within court when it
>comes to presenting the letters which were not received and
>their contents, can you explain how this can be represented
>during contempt/show cause?

You testify that the letter was written by you on ??/??/????, and mailed via certified mail on ??/??/????, as evidenced by your certified receipt, and that it was returned on ??/??/???? as never signed for.

You are offering it to prove that the contemnor is willfully attempting to avoid knowledge of her obligation in the face of her court ordered duty to cooperate in the child's best interests and to maintain correct contact information with the other party and the court.

Then it's up to her to show that she inadvertantly refused to accept delivery, after accepting delivery of other similar certified letters.

>
>2) I doubt that this letter (#3) can be contemplated as
>"harassment" because the other two were delivered to her home
>and the only thing that she had to do was sign for it's
>receipt.  Do I dare send any more "expressing my dismay" at
>her willful violations of the courts orders?

It's not harrassment. It's a letter. If she finds certified mail harrassing, then she should be requesting a TRO against you.

>3) Any other thoughts on how I can compel her to abide by the
>orders of the court?

Cat-o-nine tails, rack, iron maiden, chinese water drop, unnecessary dental drilling, electroshock, solitary confinement, hire Guido to make her offer she can't refuse...your choice.

[hoosierpapa4]

>>1) I don't know if / how procedures work within court when
>>it comes to presenting the letters which were not received and
>>their contents, can you explain how this can be represented
>>during contempt/show cause?
>
>You testify that the letter was written by you on ??/??/????,
>and mailed via certified mail on ??/??/????, as evidenced by
>your certified receipt, and that it was returned on ??/??/????
>as never signed for.

1) Do I offer it into evidence un-opened along with the notification of it's lack of delivery?

>
>You are offering it to prove that the contemnor is willfully
>attempting to avoid knowledge of her obligation in the face of
>her court ordered duty to cooperate in the child's best
>interests and to maintain correct contact information with the
>other party and the court.
>
>Then it's up to her to show that she inadvertantly refused to
>accept delivery, after accepting delivery of other similar
>certified letters.
>
>>
>>2) I doubt that this letter (#3) can be contemplated as
>>"harassment" because the other two were delivered to her
>home
>>and the only thing that she had to do was sign for it's
>>receipt.  Do I dare send any more "expressing my dismay" at
>>her willful violations of the courts orders?
>
>It's not harrassment. It's a letter. If she finds certified
>mail harrassing, then she should be requesting a TRO against
>you.
>


If it's not harrassment, then my thoughts are that I should also be "astonished" at the fact that she is aware of the Courts Orders pertaining to information about the children's education (eg. report cards, interim reports, homework assignments and tests which have been graded) which she is supposed to provide to me.  As it stands right now, I have received nothing from her since the beginning of the school year.

She dodged this before by stating that she sent the report cards in the children's bookbags, the Judge ruled that it was not willful, and that both parents have an obligation to keep the other apraised of the childrens eductional challenges.

Now, because of another reason, the children are temporarily not in my care.  She is refusing to allow me to have my Court Ordered parenting time (which is another matter for which we have filed Contempt and show cause for).  During this time that she is refusing me my parenting time, due to a Protection Order which she received by lying to the people who hand them out like candy, I am precluded from being near the childrens school, her home, or my children until I can get to my Court date in November.  This squarely places the responsibility of providing the other parent with information pertaining to the children on her shoulders in my view.

2) Should I write another Certified Mail (which will alert her that she's in contempt), in the hopes that she will ignore it, then follow it up from a letter from my attorney which she cannot ignore, with a copy of the contents that she more than likely will not sign for?  OR, do I simply let my attorney file another Contempt and letter to her attorney?

3) Anything else that I can do to show this act (the acts) as willful?


>>3) Any other thoughts on how I can compel her to abide by
>the
>>orders of the court?
>
>Cat-o-nine tails, rack, iron maiden, chinese water drop,
>unnecessary dental drilling, electroshock, solitary
>confinement, hire Guido to make her offer she can't
>refuse...your choice.

:-) The thought of her wearing orange and spending her weekends picking up trash in the less desirable parts of town certainly made me smile.  Maybe I can snap a couple of quick pictures for my own edification.  Maybe this time the judge will find what she's doing as willful and will make her pay the price, but I don't hold out much hope.

Thanks again Soc, you're a life saver.

[socrateaser]

I'm not gonna search for your new questions.

[hoosierpapa4]

If it's not harrassment, then my thoughts are that I should also be "astonished" by the fact that: being aware of the Courts Orders pertaining to information about the children's education (eg. report cards, interim reports, homework assignments and tests which have been graded) which both of us are to provide to the other, that she is not providing them to me.  As it stands right now, I have received nothing from her since the beginning of the school year.

She dodged this before by stating that she sent the report cards in the children's bookbags, the Judge ruled that it was not willful due to the lack of proof that it wasn't sent in the bookbags, and that both parents have an obligation to keep the other apraised of the childrens eductional challenges.

Now, because of another reason, the children are temporarily not in my care. She is refusing to allow me to have my Court Ordered parenting time (which is another matter for which we have filed Contempt and show cause for). During this time that she is refusing me my parenting time, due to a Protection Order which she received by lying to the people who hand them out like candy, I am precluded from being near the childrens school, her home, or my children until I can get to my Court date in November. This squarely places the responsibility of providing the other parent with information pertaining to the children on her shoulders in my view.

1) Do I offer the certified mail into evidence, un-opened, along with the notification of it's lack of delivery?

2) Should I write another Certified Mail (which if she opens it, will alert her that she's in contempt), in the hopes that she will ignore it, then follow it up from a letter from my attorney which she cannot ignore, with a copy of the contents that she more than likely will not sign for? OR, do I simply let my attorney file another Contempt and letter to her attorney?  What do you think would be the most effective?

3) In your opinion, can she successfully argue that I could have obtained the information from the school through hurculian efforts (can't go there, can only write them or call them) and ask 6+ teachers for each of the children for copies of daily graded papers, interim report cards etc., even though she's ordered to provide them to me?


Thanks again Soc, you're a life saver.

p.s. The thought of her wearing orange and spending her weekends picking up trash in the less desirable parts of town certainly made me smile. Maybe I can snap a couple of quick pictures for my own edification. Maybe this time the judge will find what she's doing as willful and will make her pay the price, but I don't hold out much hope.

[socrateaser]

>1) Do I offer the certified mail into evidence, un-opened,
>along with the notification of it's lack of delivery?

Depends on what you're trying to prove, but if you want to make sure that the court knows you didn't alter the contents, then sure, offer it unopened and then have your opponent open it and read its contents. There are other ways to introduce the evidence, but what I'm describing is one way to get a good effect if the contents would be useful to have  read by the intended recipient.

>2) Should I write another Certified Mail (which if she opens
>it, will alert her that she's in contempt), in the hopes that
>she will ignore it, then follow it up from a letter from my
>attorney which she cannot ignore, with a copy of the contents
>that she more than likely will not sign for? OR, do I simply
>let my attorney file another Contempt and letter to her
>attorney?  What do you think would be the most effective?

You can't tell her she's in contempt...only the court can do that. I think you're trying to be far too tricky. If you have something that you need to tell her and she is refusing your certified mail, then send a letter to her attorney stating such and requesting that the attorney ask his/her client to respond to the mail. Personally, if you know the other person is represented, and that their not interested in responding, then by notifying the attorney, that will ensure that the other parent will not only get the substantive message, but that she will also get a little candid advice from her attorney to stop screwing around. And, if she doesn't, then contempt becomes easier to prove.

>3) In your opinion, can she successfully argue that I could
>have obtained the information from the school through
>hurculian efforts (can't go there, can only write them or call
>them) and ask 6+ teachers for each of the children for copies
>of daily graded papers, interim report cards etc., even though
>she's ordered to provide them to me?

If she's ordered to provide the info and she doesn't then she's in contempt. You don't need any other argument.

>p.s. The thought of her wearing orange and spending her
>weekends picking up trash in the less desirable parts of town
>certainly made me smile. Maybe I can snap a couple of quick
>pictures for my own edification. Maybe this time the judge
>will find what she's doing as willful and will make her pay
>the price, but I don't hold out much hope.

Be careful about seeking revenge, as the saying goes, unless your prepared to dig two graves.