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contempt charge

Started by marysway, Jun 11, 2005, 11:06:37 AM

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marysway

Hi.  I live in Nevada and have a child with someone whom I was not married.  My baby is 16 months old and this is still not settle.  My attorney has withdrawn as of this last week, which is okay as she sat on everything anyway.

1.  The baby's father was ordered to pay 1/2 of all un reinbursed expenses on a 30/30 plan.  I have 30 days to send it, he has 30 days to mail payment.  He has played games allowing me only a PO box to mail the receipts and sending anything back that was not addressed to that address(although the address he request I mail to was returned to me as well because it did not belong to him).  At first he gave a phony address it took over 3 months to get the correct address.  We both had attorney's by the way.  I mailed it to his home and it was returned refused.  Then to his work it was signed for, but sent back in a seperat envelope with a letter giving the true address.

2.  Went to court on Nov. 2004 and the Judge stated because of the games with the mail to send all receipts through attorneys.  My attorney did in fact fax receipts at least once a month to opposing counsel and still no payment.  She also refused to file contempt because of the cost of it and I was out of money.  

3.  When my attorney withdrew, I DID file an comtemp motion.  I did however write opposing counsel a letter before I filed contempt reminding him of the deadline and even gave him 3 additional days to pay me.  When I did not hear from opposing counsel or the father, I went and filed.  I received a check a few days later.

4.  My question though.  I have dealt with this since day one.  I receive nasty letters from the father's wife and demands of me what I'm going to do and not going to do.  I have gone along with everything they have wanted.  I don't bother them and they have no contact with the baby.  
My question is can I still hold this contempt charge since they paid?  I just feel in my heart that this is going to happen everytime something comes up.  As well, the order states certain things (first order) and they (baby's father) is saying no where does it say.  Well If I don't go through the attorney they will try and file a RO on me.  They have already tried and Judge denied it.  

Also, the baby's father is to pay for her medical insurance in full.  We filed contempt for this, and the Judge gave him until December 15th, to pay this.  It was not paid, and my attorney would not file contempt charges as I did not have the money for it.  In Janurary the money still did not come, so I had to make a deal with my husband whom I have been seperated from for 3 years to not go through with the divorce in order for this child to have medical insurance.  I gave up my retirement portion due me in order for this to happen.  

I was going to file on the medical insruance as well, but our last court date the order has not been written up and the minutes are wrong from what the tape says.  

Baby's father attorney was ordered to prepare the order and still has not done this.  He did this with our first court hearing as well in July 2004 and my attorney ended up preparing it 3 months later.  Then they refused to sign it and we had to send it to the judge without there signiture.  

I have written a letter to opposing counsel asking him when he is going to prepare the order for my review and have heard NOTHING.  I've asked him twice already.  

My attorney had filed documents requiring baby's father to show documents regarding his true income.  He lied on his AFC.  He did not include them all and a motion to compel is in order.  Again, my attorney refused to do this.  The father lied about who to obtain the information from what we were asking for and I called the broker of the company trying to handle this in a courtesy manner before I file the motion to compel.  Well Baby's father threaten me if I did this again, he would file a RO aginst me.  

I can't afford to hire another attorney.  Do you know what my options are here?  I don't want to let go of this contempt order because I want baby's father to know I am not going to let him play these games anymore and I mean business.  

Baby's father wants me to mail the receipts directly to him, but the Judge said to send through attorney's.  So I'm confussed on what to do about this as well.  His attorney is a bulldog and I'm not sure if he abide by what his client wants or what the Judge said.

Sorry for so long, and trust me I've given you the readers digest version.  but any advise you can give me, I'd truely appricate.

socrateaser

You can maintain your motion for contempt on grounds that the amounts, although paid, were not paid timely in accordance with the orders, and ask for additional sanctions made payable to you in order to encourage future compliance.

Your recitation of facts wanders around a bit, so it's hard to follow the exact status of the case. Please tell me exactly what you want to ultimately achieve, and I'll try to help you get there.

marysway

Sorry about that.  There are just so many facts......

Since I wrote this I did receive a check for the past medical, but as you said it was 2 days after I filed contempt.  So I can by what your saying keep the contempt charge and ask for sacuntions so it won't happen again right?
1.   The baby's father is to pay for her medical insurance.  The Judge told him if he did not pay by dec. 15th, 2004 the contmept charge will hold without prediduce.  My attorney refused to file.  So I aksed my seperated husbnad of of 4 years to cover her and I had to make a deal with him to give up my retirement pension in order for him to drop teh divorce and cover her.  Can I still file contempt on the father for this since it's been so long?  The problem I'm having though our last court date baby's father's attoreny was ordered to draft order and it's been 6 plus months and he has not done it yet.  It is in the first order as well though. It looks as if I am going to have to do this order myself if I want it done.  I'm just not sure if I can file contempt on the medical insurance without the last order being done.

2.  our first court date the judge ordered baby's father to pay interest on the back child support.  My attorney refussed to do this too.  When I do this order can I add the interst?  The judge said that his 20.00 a month will barely cover the interest.  Which leads me to my forth question

3.  Baby's father lied about his income to a tuen of over 200 grand.  I asked my attorney to file a motion to compel and she never did it.  Am I allowed to do this?  Because I filed the contempt charge on the medical the baby's father is playing games with the back child support and I'm just done playing these games.

4.  Since I filed the contempt charge the baby's father wants me to mail all medical receipts to him directly.  Problem with that is, the judge told me to send through attorney's Since baby's father was playing games with address.  He has threaten to make me pay attorney bills if I continue to send to his attorney.  DO I do as the Judge says or what he wants?