Temporary Orders

[gonnabefree]

What is the name of your state?Ohio

Our pre-trial was 11-18-04, the judge had to review the papers to decide if I would receive any temporary support. STBX still resides with us. (3 kids)

Well the judge decided 12-2-04 that stbx was to pay me direct 500.00 immediately and then 500.00 on the 15th of Dec and the 15th of every omnth after. My attorney and I just received papers this week I got mine on thursday.

STBX is over the road trucker and got home last night, ( i am sure he has been in contact with his attorney or his attorney sent him the papers) No mention has been made on paying me the money the court ordered.

My question should I ask him for it or just wait and sees if he gives it to me before he goes on the road and if he doesn't can he be found in contempt.

Or do I have to ask him for the money. Sicne the 15th is WEd. he actually owes me 1000.00.

[LdiJ]

Originally Posted by gonnabefree

What is the name of your state?Ohio

Our pre-trial was 11-18-04, the judge had to review the papers to decide if I would receive any temporary support. STBX still resides with us. (3 kids)

Well the judge decided 12-2-04 that stbx was to pay me direct 500.00 immediately and then 500.00 on the 15th of Dec and the 15th of every omnth after. My attorney and I just received papers this week I got mine on thursday.

STBX is over the road trucker and got home last night, ( i am sure he has been in contact with his attorney or his attorney sent him the papers) No mention has been made on paying me the money the court ordered.

My question should I ask him for it or just wait and sees if he gives it to me before he goes on the road and if he doesn't can he be found in contempt.

Or do I have to ask him for the money. Sicne the 15th is WEd. he actually owes me 1000.00.

Show him the court orders and tell him he needs to pay you both installments. If he refuses, file for contempt.

[bulldogg70]

and don't forget to say please, and with a smile, and end it with a "Happy Holidays."

[gonnabefree]

Well I asked him to comply with the court orders and he said what are you talking about-told him to read the papers.

What I did was hand him the papers and said Iwould appreciate it if you would comply with these court orers.

He looked at them quickly and said I already pay all of this-I told him to read the bottom-he said no way now how I don't have the money(yeah right). so he said well now I have to stay home and tlak to my attorney(so he ddint' leave in his semi)

We had a nice little loud discussion, where he acused me of hainnnng an affair and w****** around(not true) called me at b**** in front of my daughter in fact he told her to tell her b**** of a mom to take her shopiing.

He said he wanted a key to my car I said no way no how it iiis in my name he said but my name is on the loan too I said just the loan mpt the title he said I am taking my name off the loan-todl him to go ahead he still had to pay as it was ordered by court-he said we are not done with this yet.

He states his attorney never sent him the papers, he also said it should have come certified mail and I made those up they were just a copy.

I said I didn't make them up, they were sent by the court to my attorney who sent me a copy, I can'thelp it your attorney didn't send you a copy.

Would this be considered comtempt, since his attorney didin't send him a copy. I gave him a copy today, and the papers state a payment is due immediately and another on the 15th of Dec. Oh yeah I'm in Ohio

[LdiJ]

Originally Posted by gonnabefree

Well I asked him to comply with the court orders and he said what are you talking about-told him to read the papers.

What I did was hand him the papers and said Iwould appreciate it if you would comply with these court orers.

He looked at them quickly and said I already pay all of this-I told him to read the bottom-he said no way now how I don't have the money(yeah right). so he said well now I have to stay home and tlak to my attorney(so he ddint' leave in his semi)

We had a nice little loud discussion, where he acused me of hainnnng an affair and w****** around(not true) called me at b**** in front of my daughter in fact he told her to tell her b**** of a mom to take her shopiing.

He said he wanted a key to my car I said no way no how it iiis in my name he said but my name is on the loan too I said just the loan mpt the title he said I am taking my name off the loan-todl him to go ahead he still had to pay as it was ordered by court-he said we are not done with this yet.

He states his attorney never sent him the papers, he also said it should have come certified mail and I made those up they were just a copy.

I said I didn't make them up, they were sent by the court to my attorney who sent me a copy, I can'thelp it your attorney didn't send you a copy.

Would this be considered comtempt, since his attorney didin't send him a copy. I gave him a copy today, and the papers state a payment is due immediately and another on the 15th of Dec. Oh yeah I'm in Ohio

Yes, its contempt if he doesn't pay. He got served through his attorney of record.

[Nick P]

Similar thing happened to me. I was ordered to pay child support through temporary orders and the papers were sent to my attorney and not me. He didn't bother to send me a copy.

I only found out about the temporary orders after I went to a hearing and was served with a contempt charge. I still got screwed and had to go to my attorneys office to get a copy of the temporary orders. I have a horrible attorney. The contempt charge was dropped but now she wants me to pay for the filing and attorney fees for the contempt charge ($575.00). She reacted too quickly. The temporary orders were filed March 30, 2004 and she filed contempt April 12, 2004. I will not pay her attorneys fees. I wasn't even contacted until May 27, 2004 by the child support office that I owed back child support.

Yes, he is in contempt. But try to be fair as well. More than likely he hasn't been informed. He should go to his attorney on Monday and get a copy. Better yet, have your attorney call his attorney to inform him of his obligations in the temporary orders and that he has failed to inform his client. This will save you legal fees. If he does not comply after he has the paperwork, then file the contempt charge. I should note, it's costly.

But, most of all. Try not the argue in front of the children. I think you should have waited until you were in the position to be alone with your STBX. If that wasn't possible, take it outside.

[gonnabefree]

the children were all upstairs in their bedroomms, I quietly handed him a copy of the orders, he is the one that started with the yelling and accusations. I kept telling him it wassn't my orders it was the courts. I guess he weeeeent to his attonrney last monday becaaaaaause before he left on the road he left a check for 50.00(talked with my attorney and said I could cash it but he was in contempt) Not pursuing it as of yet. His attorney has filed for an oral hearing, and that is now scheduled for 1-5-05. I check the courts web site daily and this was just filed on friday, I doubt if he even knows it yet. The only thing is my attorney is on vacation until 1-3-05 so maybe the hearing will be the 5th and maybe not. STBX came home and has not spoken to 2 of the children.