Child Support contempt questions

[Ohiogal]

A couple times a year I send an update to my ex, stating how our child is doing, what interests she has, what hobbies she is following, along with a picture. I usually regret it because it begins the conversation about how evil I am and what my ex feels is illegal activity, such as moving and filing for restraining orders.
Early in our procedings, my ex filed to domesticate our child support and custody order from the divorce procedings in Nevada, where my ex lives. Not understanding what the process was and having no money to travel to NV, I did not attend court regarding this. The ex now says that all hearings for custody and child support will be held in NV, regardless of where I live, the ex lives or where our divorce occurred.
Is this a case of "don't listen to your ex"? If the ex does file anything in NV regarding custody or visitation, it is my understanding that I should just respond with a request for dismissal due to the fact that the child lives in TX and NV should not have jurisdiction.

You ignored a court hearing? If you were properly served, he very well may have domesticated everything in Nevada. Call the court in Nevada and find out.

 

[Ohiogal]

Correct, this is a case where you should not listen to your ex.

Really? She ignored a court hearing. It is very likely he did get the order domesticated in Nevada.

 

[CJane]

Torimac, when you say "very early in the proceedings", do you mean the DIVORCE proceedings that took place YEARS ago? If so, did he bring this up when he was traveling to CALIFORNIA for court hearings?

 

[torimac]

Ok, I pulled out my papers instead of listening to the ex. I received notification to "domesticate a foreign order", not a hearing notice. This happened during the divorce procedings. Property had been decided, but not custody at the time and the divorce was not yet finalized by the judge. I was only given the results, not actually served notice. As I understand it, because the divorce was in CA, my ex should have filed a "Motion to Allow Out of State Service", which was not done.

 

[Kimberley1964]

What is the name of your state (only U.S. law)? CA

My other thread is closed for some reason. The history is here:
https://forum.freeadvice.com/divorce-separation-annulment-36/understanding-contempt-489024.html

Long story short, my ex owes 34k in arrears. So, I filed for contempt in the fall of 2009. After a few delays, we have a court date in the middle of December.

Since the initial court date, he has made four payments totaling $450. He is ordered to pay $680 a month (1/2 daycare and child support). He is not really in good graces with the judge due to skipping the last court date and other issues (see history).

He had to submit proof of income for the summer quarter. He is a 1099 contractor. For the quarter, he earned $8865. Some of that is in job related fuel costs for which he is reimbursed, but he did not specify how much. His car is really his only expense. He lives at home for free room and board (he stated this).

He is paying a small amount, but not the full amount ordered. He is earning about 2900 a month, but some of that goes towards taxes and basic living expenses (car insurance, etc). Legally, if he is paying any of the child support, can he be found in contempt if he is "trying" to pay?

I have the same exact problem. Judge keeps saying that he is making "good faith" payments. It's ridiculous. I feel your pain. Mine is a construction worker and only admits to half of his income.

 

[EnforceSupport]

I have the same exact problem. Judge keeps saying that he is making "good faith" payments. It's ridiculous. I feel your pain. Mine is a construction worker and only admits to half of his income.

But, the test is not, a good faith payment - it is, are you complying consistent with your ability.

 

[torimac]

Update and questions

So, after a few years, California finally transferred the case to Texas. Texas did not do anything for some time due to an administrative error. Someone had written in the case notes that they were waiting on "new" orders-I found this out when an agent finally read all the notes in the file. Once they figured out that there were no 'new' orders, there has only ever been one set of orders, they proceeded to send the orders to Nevada for enforcement.
I call OAG once a month for an update. According to the person on the phone (I called last Friday), the orders were sent to NV in the beginning of November, 2014. They should have responded in 30 days. She could not tell me what happens if they don't respond, how to get enforcement, etc. She made it sound like nothing happens if NV does not respond.
So I called NV CS. They said that they have received nothing from TX. They also said I could open a case directly with them, for enforcement only.
We have been to court three times for contempt-twice in CA, once in NV. In NV, with the last contempt hearing, they "officially" took his driver's license away. He was able to file paperwork that pretty much lets him drive wherever, whenever as he is a 1099 contractor that drives all over the northern part of the state for work and at irregular hours.
So, my questions...
If I file with NV, what will that do to the TX case? I only have one order and the way I am understanding NV, they will only handle the enforcement of the order. They don't have the ability to change the order.
It sounds like filing with NV will be advantageous because they have the ability to enforce the order and can file for contempt if needed. Am I understanding this correctly?

 

[torimac]

Good news

So, after over 2 years of calling Texas OAG every month, they finally have a copy of the orders and sent all the required paperwork to Nevada. Nevada in turn is now garnishing his paycheck. It's not the full amount and I expect it to end at any moment, but it is something. Texas also has the correct arrears amount. It took five years but we are getting some child support.

 

[Silverplum]

Congratulations! Time for a mani-pedi for you, or whatever is a treat: you've carried the ball by yourself for years and years.