Citation for Contempt

[natedarrow]

What is the name of your state (only U.S. law)? California transferring to Oklahoma

I browsed the threads here and have a pretty good understanding what I am facing but would like to know if anyone could give me advice on how I should represent myself because I cannot afford representation at this time.

I was living in California from 2005-2013. My divorce was in 2009 and the case was modified in 2011. Last year in 2013 my ex-wife decided to move back home to Oklahoma and we made a verbal agreement that custody and child support would change. Originally in 2009 (when I was in the Navy), I was given legal custody and partial physical custody (every other weekend) and was ordered to pay $600 in alimony support and $600 in child support, I was also told to keep her covered under my Military medical insurance which I did until I was discharged from the Navy. That happened in 2011 and I received a modification. Custody stayed the same but spousal support was cut and I was ordered to pay $314 in child support.

Last March, My ex-wife and Daughter moved to Oklahoma. At which time, led me to believe that she did not want child support with the agreement that I would follow her there and spend more time with our daughter. I arrived in Oklahoma in July 2013 and once I got settled, started a new custody schedule (November 2013). I have her Tuesday and Thursday and every other weekend. Her mother has her Monday and Wednesday and every other weekend. When tax time came around (it was my year to claim our daughter) I found out that my ex claimed her as a dependant before I did. When I confronted her about it, she said her lawyer advised her she had the right to claim her since I wasn't paying child support. Shortly after, I received summons to appear for indirect contempt.

A little information on my financial situation. Since leaving the Navy, I have had an extremely hard time finding solid employment. I am finding myself taking temp jobs and odd jobs just to get by. I have not been unemployed since I've been in Oklahoma but my taxable income on my tax return was just over $6,000. I have had a hard time finding representation because I don't have the funds available to pay.

Now, from what I understand, courts do not care about verbal agreements. I understand that I will be given a "back due" child support amount to pay and my year for claiming my daughter as a dependant will be skipped. However, what are the chances of the Judge keeping the status quo regarding custody and give me 50% physical custody?

I plan on going into court very humbly. Acknowledging that I made a mistake by putting my faith in a verbal agreement. But I just need to know how I should approach the custody arrangement. Or is there a way I can ask for a stay of proceedings to give me more time to find a lawyer?

If I missed any information that is relevant please let me know. Any response would be helpful and much appreciated.

Thank you.

 

[single317dad]

Now, from what I understand, courts do not care about verbal agreements.

This is nearly always true. The court decided (usually within state guidelines) how much support your children needed. That someone(s) decided another arrangement was better does not usually sit well with judges.

I understand that I will be given a "back due" child support amount to pay and my year for claiming my daughter as a dependant will be skipped.

Maybe. Judges don't like unilateral decisions being made by either party. That Mom decided her "rights" were more important than the judgment is pretty arrogant. IRS rules tend to agree with her assertion, but an order is an order and can be enforced.

I plan on going into court very humbly. Acknowledging that I made a mistake by putting my faith in a verbal agreement.

Good plan.

Or is there a way I can ask for a stay of proceedings to give me more time to find a lawyer?

You could ask for enlargement of time under RCP 4 c.(1). File the motion properly, state your reason, and see what the judge says. Court rules are found here:

http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKRU

An adventurous lawyer might also challenge jurisdiction if the case is established in CA and the motion is filed in OK. That's a delay tactic that might backfire though.

 

[natedarrow]

Thank you for your reply single317dad. It is much appreciated.

Could you (or anyone else) explain to me how to go about filing a motion for enlargement of time?

I have signed up with the Heroes program for low-income vets and I'm currently on their waiting list. I also have another lawyer that will start representing me for a $1,500 retainer. But I haven't quite gotten all the money together and the court date is approaching quickly.

Also, can anyone give me an idea of what the court date will be like? Is a Citation for Contempt treated like a criminal case? Will the date I was served with just be an arraignment?

I'm really nervous about all of this and just want to be as prepared as I can be.

Again, thank you. I appreciate any response.

 

[single317dad]

Could you (or anyone else) explain to me how to go about filing a motion for enlargement of time?

You need to format all court documents properly based on court rules. This may be state rules, and additional local rules. You can usually look these up online, but seeing actual examples in a law library will be helpful. Most legal professionals use WordPerfect for word processing because it has some of the proper formatting included. There have been recent improvements to Microsoft Word though.

https://www.google.com/q=oklahoma%20law%20libraries

Also, can anyone give me an idea of what the court date will be like? Is a Citation for Contempt treated like a criminal case? Will the date I was served with just be an arraignment?

I'm not familiar with Oklahoma court procedure, but generally a hearing for contempt is exactly that: a hearing at which evidence will be presented that you have failed to comply with an order of the court, and your opportunity to dispute the facts or otherwise explain why your violation does not rise to the level of contempt of court.

If you can somehow retain that attorney, i'd do so as soon as possible. The jurisdiction issue might no longer be in play depending on what actions you take or have already taken. Other motions may have to be filed within a certain timeframe (dictated by the RCPs I posted earlier).