Contempt

[TJRodolph]

Ok, I will ask for a transcript (I know, it can be costly). And think about filing a Motion to Clarify.

Thanks again.

[TJRodolph]

"Both parties shall be responsible for 1/2 of all transportation costs. The Defendant is responsible for making all travel arrangements and giving Plaintiff a 30 day advance notice of travel dates. Plaintiff shall pay her 1/2 within 15 days of notice. If she does not, the Plaintiff's consequences will be ________(contempt?) and the Defendant's arrearages will be reduced accordingly. "


Questions:

1. Is it appropriate to suggest wording in my Motion to Clarify for the Referee to use in her new order?

2. Regarding the above suggestion I wrote, do you have any comments to make it look better?

3. What are some reasonable consequences that be listed in the above suggestion?

[socrateaser]

>"Both parties shall be responsible for 1/2 of all
>transportation costs. The Defendant is responsible for making
>all travel arrangements and giving Plaintiff a 30 day advance
>notice of travel dates. Plaintiff shall pay her 1/2 within 15
>days of notice. If she does not, the Plaintiff's consequences
>will be ________(contempt?) and the Defendant's arrearages
>will be reduced accordingly. "
>
>
>Questions:
>
>1. Is it appropriate to suggest wording in my Motion to
>Clarify for the Referee to use in her new order?

In some jurisdictions, it's appropriate to actually submit a proposed order in its entirety with the motion. In others, you can suggest the exact wording as part of your motion. Something like, after you state all the facts that have occured to create the problem:

"For all of the foregoing reasons, I hereby request that the current orders be clarified as follows:

blah, blah blah."

I don't know what the rules for your jurisdiction are, so I won't recommend either approach.

>
>2. Regarding the above suggestion I wrote, do you have any
>comments to make it look better?

"Plaintiff shall reimburse Defendant for 1/2 of all reasonable costs incident to Defendant's exercise of parenting, within 30 days of receipt of evidence of payment. Reasonable costs shall include, but are not limited to: air transportation between the parties' residences, and vehicle mileage at $0.35 per mile. Plaintiff's obligation to pay these costs is independent of Defendant's existing arrears owed to Plaintiff, and Defendant may not use the existence of Plaintiff's arrears as reason to refuse payment for transportation costs, except in the extraordinary circumstance that Defendant's tender of payment would deprive the parties' minor child of the basic necessities of life (food, shelter, clothing, healthcare)."

>3. What are some reasonable consequences that be listed in the
>above suggestion?

Don't order a punishment. Legally you could, but you'll be seriously stepping on the court's toes, and it will work against you.

[TJRodolph]

Custodial parent always has an excuse for not following the rules, she has never taken responsibility for her actions, nor had any consequences thus far.

If I include the phrase "except in the extraordinary circumstance that Plaintiff's tender of payment would deprive the parties' minor child of basic necessities of life", the mom will see the key word "except"....not pay her share, and then I would have to file a motion again. She has already stated that all her bills are necessities of life, of which she listed a gym membership, cable tv, $70 on hair appts every month, cell phone bill, etc.

Reasonable people know those are not necessities of life, but she is not a reasonable person and you can bet she will use that as her excuse to not pay.

I'd like to be able to quit going to court at some point, but I also want her to pay her 1/2 of airfare so the child doesn't miss any of his time with me.

I like all the rest of your wording though, and will use that. Your the best!

Question:

1. What would be the intent or purpose of including the words "except in the extraordinary circumstance that Plaintiff's tender of payment would deprive the parties' minor child of the basic necessities of life"?

2. If the Referee grants this clarification motion, what do I file if the mom doesn't pay again?

[socrateaser]

>Question:
>
>1. What would be the intent or purpose of including the words
>"except in the extraordinary circumstance that Plaintiff's
>tender of payment would deprive the parties' minor child of
>the basic necessities of life"?

Because the child must be the court's first priority, and if you make yourself top banana, the court won't enter the order -- that's why.

>
>2. If the Referee grants this clarification motion, what do I
>file if the mom doesn't pay again?

Contempt. Then all you will need to show is that she didn't pay, and in order to be found not guilty, she will need to waive her right to refuse to testify at a criminal hearing, and prove that she could not afford to pay because all of her money was being directed to pay for the necessities of life.

The pharse "necessities of life" means what it sounds like (food, shelter, clothes, medical) -- nothing else, so cable tv is not on the list. Point is if you are willing to deprive the child of these things, in order to exercise custody, do you think you will get that ordered?

Not a chance.

[TJRodolph]

Light clicked on (lol). Ok, I gotcha, I will include those words in my motion to clarify, and 'when' she doesn't pay again, I will file the contempt motion.  But maybe, just maybe, after having to face our Referee again re: the Motion to Clarify, maybe the referee will tell mom that she will be in contempt if she doesn't pay again.....

Thanks for all your help!