CS and Contempt Issue

[Mr.fixitall]

Soc,

Welcome back...

I received papers from birth mother's (divorced from her 10 years in TN) attorney a year ago in April, 2005 to have CS increased for 16 daughter (fine no problem it should be done since my income has gone up over the last couple of years).  She has also brought up a contempt of court charge with a savings account issue.  I had closed the account eight years ago when I took the money out to take kids skiing (yes, stupid mistake on my part and did not realize at the time what I had done).  It was stated in our original divorce papers to keep savings account open so that is why contempt issue got brought up.   In the meantime, I have reopened the savings account and added the money back plus the accumulated interest.  

Also, I am still paying CS on my 20 year old married son who is in college full time.  I also am trying to get him emancipated since this case started last year.  (Yes, another stupid choice on my part, because I had verbal with the BM if I would continue paying CS, then it will go towards his college) which never happened because I have given him over $4,000 for his college.  

We had deposition in June, 2005 and she had accused me of not paying half on medical bills but she had never presented me any documentation accordingly (over the years) and also accused me of not having life insurance which I was able to prove otherwise.  No issues here.   In the meantime, I am still paying birth mother CS until son gets emancipated.  BM and her attorney have not responded to the last three letters to get this case solved.    

I continue paying attorney fees to try to get this case closed because my attorney has to keep writing letters to her attorney because we never get any responses or answers for resolution.  

I even filed a Motion to Compel for her to come up with the documentation stating that I had not paid for medical bills and she was not able to come up with anything, bills etc.  It now appears that she is no hurry to get this case closed because she has figured out that she is not getting that much extra out of me (from medical bills issue).  Plus she is still getting the extra money monthly due to the son's CS not being dropped yet.    

My lawyer had stated that if this has to go to court that it would not look good on me since the contempt issue was proven true. But, I have rectified that issue.   My lawyer has sent another letter two weeks ago (4th one) asking for a court date to be set on the docket and that is where is stands now.  They have not responded to the last three letters to try and get this case resolved and nothing on the 4th letter.  

1)   This now has to go to court since they have not responded, can I get in any major trouble for the Contempt issue since I have already rectified the problem by reopening the savings accounts with interest?  

2)   Do I have any kind of recourse since she brought up the case and continues dragging her feet since she is gaining extra money for every month that passes by?  

I do realize that I have made alot of mistakes over the years but I have never been late my CS and have tryed to rectify where I went wrong.  

I am sorry for asking you this.  But every time I ask my attorney something, I get another $300 bill and I have already paid a great sum of money since that whole thing started a year ago AND THIS CASE HAS GONE NO WHERE FAST.
             
Thanks.

[socrateaser]

>1)   This now has to go to court since they have not responded,
>can I get in any major trouble for the Contempt issue since I
>have already rectified the problem by reopening the savings
>accounts with interest?  

As you've paid the money back with interest, I doubt that the court would impose a serious sanction, especially if you testify that you believed that at the time you closed the account, that your actions were lawful. You must act with willful and conscious disregard for the court's orders to be found in contempt, and the other party must prove beyond reasonable doubt that your action was willful and consciously in contempt of the court's orders.

I don't know enough about the exact facts to be able to decide if you could actually be found in contempt.

>
>2)   Do I have any kind of recourse since she brought up the
>case and continues dragging her feet since she is gaining
>extra money for every month that passes by?  

Contempt is quasi criminal, therefore you are entitled to a speedy trial if you demand one. Whether a case is dismissed on grounds of a 6th Amendment violation depends on whether the time elapsed between charge and trial causes you prejudice, by weakening witness' memories or causing evidence to be spoiled. If the only witnesses are yourself and the other parent, then it's doubtful that you can obtain a dismissal on this ground.

As for her gaining extra money in the interim, I don't see that appearing from your facts, so you'll have to show me how this is an issue.

>>I am sorry for asking you this.  

You don't have to be sorry for asking a question. I get paid the same amount, either way ($0.00).