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Contempt

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pancakes

Member
I am in VA, NCP is in CA.

I filed for custody in VA (received sole legal and physical) and went through DCSE for support. They in turn contacted DCSS, who established a support order in CA.

The medical portion of the support order seems pretty standard - all uninsured expenses are to be split 50/50. I pay all the medical bills promptly (in full) and then request reimbursement of 50% from him (itemized invoice, notarized letter referencing court order and my request, copies of bills and proof of payments, etc).

I get the return receipt back so I know he is receiving everything but he is not paying within the 30 days he is required to. I am just trying to figure out which state I should file for contempt in. Any help would be much appreciated.
 


Proserpina

Senior Member
I am in VA, NCP is in CA.

I filed for custody in VA (received sole legal and physical) and went through DCSE for support. They in turn contacted DCSS, who established a support order in CA.

The medical portion of the support order seems pretty standard - all uninsured expenses are to be split 50/50. I pay all the medical bills promptly (in full) and then request reimbursement of 50% from him (itemized invoice, notarized letter referencing court order and my request, copies of bills and proof of payments, etc).

I get the return receipt back so I know he is receiving everything but he is not paying within the 30 days he is required to. I am just trying to figure out which state I should file for contempt in. Any help would be much appreciated.


Is he paying though?

Even if it's late?
 

pancakes

Member
Is he paying though?

Even if it's late?

He was for a while. Then stopped and told me since DCSS wouldn't enforce the medical portion since it wasn't a $$ amount that I could "shove off". If the filing needs to be in CA, he knows I'll be less likely to file since the cost of flying out there to be present and/or an attorney may not be worth the reimbursement.
 

mistoffolees

Senior Member
He was for a while. Then stopped and told me since DCSS wouldn't enforce the medical portion since it wasn't a $$ amount that I could "shove off". If the filing needs to be in CA, he knows I'll be less likely to file since the cost of flying out there to be present and/or an attorney may not be worth the reimbursement.
Please check your original post. You said that custody was in VA but the support order was in CA.

It seems more likely that you have custody AND a support order in VA and that they filed in CA to collect your VA support order. If that is what happened, you can file for contempt in VA.
 

pancakes

Member
Please check your original post. You said that custody was in VA but the support order was in CA.

It seems more likely that you have custody AND a support order in VA and that they filed in CA to collect your VA support order. If that is what happened, you can file for contempt in VA.
That is what is confusing me. I initially filed for custody and support in VA. The Judge informed me that a good course of action (and he heavily stressed it) was to take support up with DCSE as I had no idea of NCP's financials and he was a no-show. I told the Judge I would go to DCSE for support and he ruled on custody and dismissed (proper term?) support.

So while I requested the help of DCSE (VA), the actual order for support was created by the DCSS in CA. Which makes me think that any support/medical issues would have to be addressed in a CA court and any custody/visitation issues would be filed in VA.

I thought for it to be a VA support order it would go through the VA court first, the terms set (so to speak) then be filed in CA to ensure enforcement.

I apologize for not being able to make it clearer and thank you for your time.
 

mistoffolees

Senior Member
That is what is confusing me. I initially filed for custody and support in VA. The Judge informed me that a good course of action (and he heavily stressed it) was to take support up with DCSE as I had no idea of NCP's financials and he was a no-show. I told the Judge I would go to DCSE for support and he ruled on custody and dismissed (proper term?) support.

So while I requested the help of DCSE (VA), the actual order for support was created by the DCSS in CA. Which makes me think that any support/medical issues would have to be addressed in a CA court and any custody/visitation issues would be filed in VA.

I thought for it to be a VA support order it would go through the VA court first, the terms set (so to speak) then be filed in CA to ensure enforcement.

I apologize for not being able to make it clearer and thank you for your time.
You really need to find out what your orders say. I'm guessing that you have a VA administrative order which is being enforced by the CA courts. If so, you can file for contempt in VA.

If the support order really is in CA (which doesn't make any sense), then you'd have to file for contempt in CA or try to move the order to VA - which won't be easy because NCP still lives in CA.
 

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