• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

RE: Visitation vs CS contempt

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Q

quardangel2

Guest
My husband and his EX are both going to court next Aug. My husband filed a motion of contempt against his EX for withholding the children which are 3 and 6 from visitation. She then filed a motion for back CS. He as made honest and ongoing efforts to pay back the rears. When he filed contempt on the witholding of the children, she stopped, however, he does not trust her. During mediation she agreed to have her new husband of which she has a new baby by and myself to transfer of the children on visitation weekends. But, she always had her nusband tell me that she was going to take us to court. She could not speak with us personally because we had a restraining order against her previously for harrassment. So know she does it through her husband. We dropped the restraining order since the mediator told her it was best if her and my husband had no contact. In her motion for contempt she is asking the court to have my husband incarcerated. All we wanted was to live peacable, try to get along for the children and we even sent her a letter two weeks before she filed stating we wanted whats best for the girls and let her know that we are trying to catch up the rears, however, since my husband has joint legal custody, she never bothers to include him in on decisions of education, health, she didn't even let him know when his 6 year old graduated from kindergarten and missed the ceremony. we reside in Georgia and I believeshe also has a vendetta against me. Even though I really don't know her, except that since my husband and I have been together, the only thing she wants is money.
We are not that far behind, only by $2000.00. He pays $480.00 monthly, and I pay $300.00 for my son. Any advice from anyone who has been through this or knows what one might expext?
 


T

tessy

Guest
I am going through something very similar, as of tomorrow I will have 4 counts of contempt against my ex for visitation violation, one having to do with extended summer vacation. I will go tomorrow night at 6pm with a witness and probably not get my kids. If I do it will be only because my sister called him tonight, she lives 10 hours away and will be here and wants to see the kids, I was supposed to be having extended time, that is why we planned it for now.

I read a reply about contempt for back cs sometime back, someone made the comment that it is an infringment of constitutional rights to be punished for a debt. Technically, cs is a debt, if it can get reported to credit reporting agencies, it is a debt, that is what they do, I honestly think someone could win a case under that assertment. But when this gets threatened on us ncp's so to get us to not go forward on visitation contempt, that is not right, my ex is threatening me with that also, I said go right ahead, I will push this issue to the limit, maybe they will have to rewrite us cs regulations and guidelines.

If the kids are suffering from the non payment of cs that is one thing, but when a person goes days without eating, cannot afford daily essentials, or a pair of glasses so to have money for food when the children are there is a completly different story, my life was that way a few years ago. I had a fairly good job, 18.5 yearly, paid about 3K in taxes and 4632 a year in cs, that leaves what? 10,868 to live on. That is way below the poverty level, and since you don't have the kids, there is no assistance for you, you pay 3600 in rent, 3000 yr for utilitlies, that leaves a little over 4000 for spending. After transportation costs, medical bills there is nothing left. And you drive a piece of crap car and can't buy presents for your children for bday or christmas. Is that fair? My ex cannot say the kids go without, he has them participating in almost everything possible, he makes 60K a year, is that fair?

We all should contribute something but the children should have the same opportunity with both parents, maybe the children should stay in one spot while the parents move day to day, it would keep the childrens standard of living the same always, that would be fair, probably not very practical, but it would be no worse than what goes on now.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top