Possible remedies to ask for in Contempt Motion

[TJRodolph]

Hello again Soc,

I'm NCP in MN, MN court order, custodial mom in Ohio.

Went to court in March for change of custody and get court to compel mom to answer my interrogatories. Referee ordered mom to answer the interrogatory within 30 days and was said I could file an amended motion after I receive the answers to the interrogatory. Referee also ordered a Parenting Time Expeditor, both parties to split his cost.

I didn't have to say much of anything during the entire hearing, it was mostly the Referee getting irritated with the mother. Mother tried to bring up how she cannot afford to pay 1/2 of the child's airfare, as was court ordered previously. She has never contributed to airfare.

Referee told her correct way to address the court is to file a motion, but keep in mind she already took into account both parties incomes (mother makes more money) and the fact that she moved without court order or consent.

Next pareting time is in June....I notifed mother of price of ticket with 75 day notice. Court order says for her to pay within 15 days. Mother contacted Expeditor, says she can't pay anything, will pay 1/2 of every OTHER visitation in 2007, or else she will file a motion.

I responded with: Not acceptable and not in accordance with order, however will give you an additional 2 weeks to pay before I file a motion for contempt.

Considering the mother's frame of mind, I am assuming she will show up for court, rather than pay her share of airfare ($200). I have a waiver of fees to file motions. I will be filing a contempt motion if she does not pay at the end of the extra time I gave her. She will have to fly to MN again.

Court order says for mother to provide me her father's phone number immediately, as child routinely spends the night and several days there due to mother's nightshift at work. Mother refuses. Petty I know, but I'd like to add it to the contempt motion for non-payment of airfare to add to the overall effectiveness.

Questions:

1. What can I ask for as remedies in my motion for contempt in order to get the mother to pay her 1/2 of the airfare?

2. Can I list additional contempts (same court order, different topic) in the same motion?

[socrateaser]

>Questions:
>
>1. What can I ask for as remedies in my motion for contempt in
>order to get the mother to pay her 1/2 of the airfare?
>
>2. Can I list additional contempts (same court order,
>different topic) in the same motion?

I think that moving for contempt is a mistake in this instance, and that the better move is to file a motion to modify child support downward, on grounds that mother's steadfast refusal to pay her court order transportation costs, is the equivalent of an increase in her child support award and that it is therefore entirely just and appropriate that your support be lowered to compensate for her failure to pay.

The burden of proof for a modfication is lower, you can force the other parent to testify, and in the end, you'll get a better outcome. And, if for some reason the court were to refuse you, then you could still file for contempt and request money sanctions or jail time/community service, etc.

[TJRodolph]

Never thought of that one, and it definately sounds better! I will be filing a motion to modify support! Thanks again!