Procedural question (complex case)

What is the name of your state? OH

Can I file a contempt motion against opposing counsel for assisting his client in disobeying a Court Order.

Long complicated case. The gist is, I am custodial parent of 3 children, and have been for 6+ years. (Technically a shared parenting decree, but NCP lives in another state and has from the beginning, actually several other states, and has very little contact with children, of her own accord.) 3 years ago NCP had her child support obligation increased, and has filed motion after motion in the case to harass me since then. NCP hasn't paid support, and has walked off of jobs, and moved from state to state to avoid wage with-holding. Found in contempt once, but it did no good at all. several contempt motions pending, for support and several other things. Despite being 12,000 plus in arrears NCP has a local attorney file motions about visitation two or three times a year. Not once has visitation ever been denied by me, and I have bent over backwards to facilitate visits. Last year, the magistrate ordered (on my request) that the parties negotiate all future visitation scheduling in good faith. NCP ignored it and filed a motion for christmas last year along with a frivolous motion for custody. I filed a contempt motion on the support, the "good faith" issue, and failing to make required notifications to CSE. Somehow her attorney got the contempt hearing stalled, so the contempt motion is still pending. Now she has again filed with the Court to force the schedule of a visit, and hasn't even attempted to contact me regarding the issue.

So, my question is, Is it contempt for her Attorney to bring the matter before the Court, knowing full well there is an Order that good faith negotiations take place, and knowing that his client has not attempted any negotiation at all?

I cannot afford an attorney, NCP doesn't pay child support.

So, my question is, Is it contempt for her Attorney to bring the matter before the Court, knowing full well there is an Order that good faith negotiations take place, and knowing that his client has not attempted any negotiation at all?

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No. You are not privy to the communications between this attorney and his client. You are stretching way past your abilities as a pro se to even consider any personal attacks on opposing counsel in court.

Child support and visitation are two separate matters and visitation cannot be contingent on support payments.

??? Did you read what I wrote ???

I said nothing about visitation in regard to child support.
The only way that child support is relevant is that the NCP is mad about the child support she has been ordered to pay, so she is using frivolous actions regarding visitation scheduling to harass me.
That is why I asked for an order that "good faith negotiations" take place, to stop the unnecessary court proceedings. I have never denied her visitation, or given cause to bring the issues before the Court, which she has 7 or 8 times running ever since the child support was increased.

BTW, The Attorney sent me a letter that had an email to him from the NCP attached. The letter also clearly stated that he had had an ex-parte communication about the matter with the magistrate prior to contacting me.

How is filing a contempt motion a personal attack?
Are attorneys not required to comply with Court Orders?

(added on edit) I would probably try to get an attorney to proceed, if I thought it would do any good, but as it stands, it would be just a waste of money I don't have, because there is no end in sight to this harassment.

disseddad said:

Can I file a contempt motion against opposing counsel for assisting his client in disobeying a Court Order.

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The short answer is no.

The Court Order is not directed at opposition counsel so he is not in contempt of anything.

My ex dragged me through the family court system for 16 years and what you have experienced is nothing new under the sun.

I am in NY so my advice here may not be applicable on OH.

1) if your ex owes you $12,000, you need to petition the court for a judgment against the her. You can then go after bank accounts, wages, etc...

Also, in NY, the court can direct social services to collect the child support from her as well. And that size debt would end up getting her driver's license suspended, bank accounts seized and wages garnished.

Talk to local legal aid about services to pursue support payment in the courts. They may have a program to help you there.

2) respond to her petition for visitation that you have in good faith tried to establish a consistent and fair schedule for the best interest of the children (ie, to insure stability in their lives, etc...) which your ex has refused to participate. As the court to deny her petition for yet another random visitation and order the following schedule. Then propose a fair and reasonable schedule like every other weekend, alternating holidays (be sure to list the holidays), summer extended visitation, etc...

You will have to file an affidavit in support but the goal is to get the court to order a fixed schedule in the best interest of the children.

3) in NY at least, adjustments to the support or visitation schedule must be entertained by the court, so getting the fixed schedule is only half the battle. If OH is the same, be prepared to have the order continually attacked by petitions from your ex.

4) find a group of people who are supportive that you can lean on. It sounds like this will continue for years.

Good Luck.

Thanks

Thought maybe I was the only one.
The visitation schedule is set, but she doesn't want to follow it, and every trip to court is because "Defendant has been uncooperative" though it's totally bogus. She doesn't even send an email before having her attorney file a motion. She is trying to manufacture grounds for change of custody, and the local magistrate seems all too willing to assist.

small town where "Fathers only want custody to hurt the mother" mentality. Doesn't matter that she dumped the kids to run off with some guy in another state, and she had an attorney write up the custody in our divorce, and I was unrepresented. All was perfectly fine for about 4 years as long as I didn't expect any kind of child support.
She has to pay, and suddenly she's a victim.

As for the support, she lives in another state and OH says the other state has to enforce, but by the time the red tape is cut through and they begin enforcement proceedings off she goes to another state. Four states in 6 years now. The kids and I are still in the same county we divorced in.

Withholding has been in place twice, for two months the first time, then she moved to another state and started the process all over.
Next state caught her working after about a year, she walked off the job less than a week after they mailed out the withholding order. She got a contempt out of that, but not even a slap on the wrist.

The next time about 9 months later, withholding was in place for about 3 months, then off to another state. Yet again have to wait for the order to be registered, then the mandatory objection period before they even begin to threaten her with stern letters.

I've gotten 5 months of support in the last 3 years. Yet she has probably made half of the payments for that red Mercedes convertible her attorney tools around town here in. Probably paid him twice what the support would have been.