How to file Contempt?

[heavenly2]

 Dear Socrateaser,

 First off I want to thank you for the advice and answers to my questions on the child support hearing.

 Okay now down to business........

  We live in Missouri and the ex and step kids live in Arkansas, Last Friday, (Feb, 25) We went to pick up the kids and she never showed up.
 My husband called her husbands cell phone and was told that she was at the step daughters basketball game.
 Hubby said She is supposed to be meeting me here, and was told oh well don't know what to tell you and then hung up on.


(when we went to court for custody, the judge was very adament about her not using the kids sports as an excuse to keep them from their father)
 Hubby had been very lenient and had been waiving one weekend a month to allow kids to play during basketball season.
 
 December 26th 2004 she was 8 hours late meeting us for Christmas visitation.

 She is consistently late, anywhere from 15 minutes to 1 hour on all other visitations.

 We were going to file a report in the town where we meet,  so we could have it on record and found out that they don't even have a local police station!

 
 Questions.......

 1. How do we go about filing contempt charges?

 Since we have to be in Arkansas the 9th of March we were hoping we could do it then.

 2. Will they even do anything to her, or will it be a waste of time?


 Not sure on what I should be asking you so any other information would be greatly appreciated.

 Thank you so very much for helping us.
       God Bless You.

        Heavenly2

[patton]

I personally advise you to have an attorney to argue your contempts, but if you can only do pro se I can send you the format for filing at the courttthat my attorney drew up for me.

Here's how:

Violation 1:  Drove XX amount of miles to pick up child for court ordered visitation.   Party was not at the pick up place.  

And you also need to site the part in your court order that says you have visitation at this time.

(Now you have to prove  the party was not there and that you drove all that way.  I assume you have gasoline bills, the cell phone bills where you called her husband. Did the pick up place have a store or anything that you got a receipt at that showed you were there and when you left?

Violation 2 : December 26th  party was 8 hours late to meeting place.

(Again did you save all your receipts.  Was there a party at the meeting place that could have written you a note and signed it showing you waited around there for 8 hours?)


DH should not forfeit any of his time IMO.....Hubby had been very lenient and had been waiving one weekend a month to allow kids to play during basketball season.

  15 minutes late is not that late sometimes considering traffic or road conditions, etc.  now 1 hour or longer is a completely different story........She is consistently late, anywhere from 15 minutes to 1 hour on all other visitations.

(But again you have to have the proof, you need receipts, signed statement, cell phone bill calls, anything you can put forth as evidence.)

I don't know how far you drive, but maybe an acquantance  could ride with you as a witness some of the time.  Someone that would be willing to testify to her tardiness or no show.

Questions.......

1. How do we go about filing contempt charges?

If you file CONTEMPT CHARGES be sure you can show proof you were there, then the Judge will ask her for her proof that she was there.  If she can't show proof, then she will get charged with the Contempt.

 

2. Will they even do anything to her, or will it be a waste of time?

I have no idea how Arkansas handles contempts, if they get a slap on the wrist and a chewing from the Judge or what.

I filed in Texas on my ex 6 contempts and Judge charged her with 5 of them.  Put her on 5 years probation and ordered her to pay my attorney fees.....plus chewed her butt out royally....and basically told her if I see you in my court again young lady for this you will be sent to jail.




 

[rainbow1]

File contempt, ask for make up time. Nothing will happen to her until many contempts, but eventually you will be able to show a pattern. You will usually get the make up time though. You can ask for costs for having to take her to court to get placement time enforced.

[TwoBoys]

Also definitely not soc ;) From experience, we have found this:

1.  Local Self Help center is a blessing if your county has one.  Check your county courthouse, and find out, and then also find out if they have forms for filing contempt.  Many courthouses and/or self help centers will have standard contempt forms.

2.  Try to arrange to have exchanges at a neutral place.  Gas stations work really well.  I say this because you can obtain a receipt from them (purchase a water or pack of gum) showing that you arrived at such and such time.  30 minutes after hte pickup time, get another receipt.  Most places will say that the parent is obligated to wait no more than 30 minutes.  Now, after 30 minutes you have two choices:  Leave or stay.  If you leave, she is still required to bring the child to you, but be aware that she may deny you the entire weekend over this.  This is what weve run into.  Therefore, we typically stay.  However long it takes.  1 hour, 3 hours, whatever.  At the 1 hour point, i would suggest getting another reciept, just as more documentation that you were in fact still at the same exchange point.  Personally, for playing it safe, id do it every hour.  But, regardless of what you decide, when she does finally show up, get a receipt to document the time she actually showed up.  Most judges will give you the benefit of the doubt, that you didnt wait around x number of hours just to get a receipt for nothing.  With a child waiting especially.

3.  If you cant get her to exchange at a gas station, hopefully going to a nearby gas station will work.  Otherwise, if you have a cell phone, use your cell phone ot call or send text messages that will log the time on your bill.  Never had to use this one before, but Im sure it has a good chance of holding up.  Unfortunately, it gives no indication of where you were at that time.

4.  Attach any and all proof when you file the contempt.  Usually  you have to have them served with the cnotempt papers by the local sherrifs dept (or other process server). The courthouse should inform you of the exact process that you need to follow .  Typically, its file the contempt, file a request for hearing, once you receive hte hearing date, serve her with the contempt that you filed, and a notice of hearing.

5.  Good luck :)  And theyre right, it will probably take you filing contempt several times for the judge to actually place any sanctions on her (other than making her pay the filing/atty fees), but maybe shell straighten up after you get serious enough to file a contempt.  So far she seems to have learned she can do what she want with no consequences from you guys whatsoever.  Trust me, BTDT.

TwoBoys...

[heavenly2]

 I want to thank all of you for the information and suggestions, I truly appreciate it.
 
  We do meet at a gas station/ convenience store, and I honestly did try to get Hubby to go get a receipt to show what time we arrived and what time we left.

 And you are right she has learned that she can get away with things with no worry of facing consequences.
 Hubby has allowed this to go on for the entire 8 years I have been with him, and the 3 years since she has had custody. His excuse is " If I don't do what she says she won't let me see the kids". OR They won't do anything to her anyway.

 Maybe I am fighting for someone who really doesn't want to fight. I don't know.

 But again I do want to thank you all for your help.
    God Bless each and everyone of you. You are all in my prayers.
         Heavenly2

 

[TwoBoys]

For what its worth, i can empathize.

I feel the same way you do when things go and they just let it slide.  I realize he hasnt got much reason to be optimistic,but you know, it doenst HURT HIM any to file contempt, even if nothing comes of it, even if they do nothing to her, maybe itll scare her straight even fora  little while, and then maybe we can have peace in our life, even if only temporary.

I cant imagine it goign on for 8 years.  I dont think i could take it!

TwoBoys...

[heavenly2]

  Two Boys,
 Thanks for the encouragement, and for understanding.
 8 years is a long time to be putting up with a jealous ex isn't it?
   

 I feel the way you do aboout going ahead and filing contempt, as you said it may scare her into believing that he isn't going to put up with her garbage anymore.

  We have to go to the child support hearing the 9th of March, so I will do my best to get the contempt thing going, or maybe we can talk to a lawyer while we are down there.

When you had to go for child support modification did you have to pay the attorney fees also?

           Thanks for all of your help and input Two Boys, it means alot.
        Any and all advice is greatly appreciated!
           Have a good night and God Bless.
                Heavenly2
 
 
   

[TwoBoys]

In my particular case, each party paid their own atty fees.

In my fiance's case, they are asking him to pay her fees because she is (voluntarily) unemployed.

TwoBoys...