Right, I gotcha! Thank you for that!
Ohiogal - Yes he's in court. I spoke with his secretary yesterday as well as the runner for my attorney's office.
My frustration stems from the things the Judge has and hasn't done. This particular Judge awarded me over $80,000.00 in back child support as well as attorney's fees of about $3500.00 thus far.
When I reopened my divorce case 3 years ago I petitioned the court for sole custody of our then 15 year old daughter on the grounds that her father has been imprisoned most of her life and was now due to be released. (Throughout he 15 years I did as I was ordered and informed him of every school she went to, home addresses, phone numbers, medical conditions, etc. I sent him money so that he would be able to buy stamps & envelopes to be able to write to our daughter and I accepted collect calls from him throughout the 15 years. I took her to see him on visiting day when he was in a prison that was not too far for me to drive, within about an hour and a half) He was scheduled to be released in January of 2005. He told me he was going to enforce the divorce decree of 13 years prior, which stated our daughter would be with him everyother weekend. (During the times that he was not in prison he would see her or call her. I would not know where he was until I would look him up on the internet to see if he was back in jail after a few months.)
I was very concerned for our daughters safty, being with him overnight after having been in prison for such a long time, him having an extensive history or drug use and they not really having a relationship except via phone and mail. I was asking for some supervised visits to begin with, so that they could build up their relationship outside of prison.
This Judge, denied my petition and enforced the visitation and awarded the back child support as well as current child support at the time. Her father told the Judge he did not want to see her. He wasn't capable of taking care of her for that long. The Judge ordered it anyways.
6 weeks later he went back to jail and got out again 8 18 months later. Again the Judge emforced the visitation and child support. After 4months of him not paying the child support I filed to enforce. While waiting for a hearing her father called me on the phone and threatened to kill my husband and I. I immediatley got a temp restrainng order. At the TRO hearing he told my attorney he would agree to a permanent order of protection and he didn't want anythig to do with our daughter either. My attorney worite it up that way and the hearing officer ordered it.
When the Family court Judge heard from my attorney at the hearing for enforcement that I had a Perm. Order of Protection. He found me in contempt of court for interferring in the visitation between our daughter and her father. He was going to sentence me to 30 days in jail, unless I was willing to give her father another chance to pay the child support by the next day. Not wanting to go to jail, I agreed. Next day came and he didn't pay. My attorney notified the court and he was arrested.
So here I am a 2 months later. The Judge has ordered things to happen and for things to not happen. He doesn't uphold his own orders.What I mean is, he doesn't hold my ex husband accontable according to the court orders. It is written in every order, "If the Respondent fails to pay the court ordered child support no later than the 22nd of each and every month, he will be remanded into custody until the arrears are paid in full."
I have also been awarded a Writ of Execution, but he Judge still has not signed that document either.
Each and every time we are in court the Judge tells me (or my attorney), "If he does not comply with this order I want you to file an affidavit and a Motion to Enforce."
Sorry for the book, just wnted to give you all, the information to better understand the timeline as such.
Thank you everyone for the advice, and I do understand, I'm not he only party the Judge has to deal with. I'm knida of a need to know person, not knowing something bothers me, so I do what I can to educate myself. So, now knowing that 2 weeks is a relativley short time I'm good with it. Thanks again!
