What is the name of your state (only U.S. law)? Idaho
I am engaged to a man with two minor children. When we first started dating I stayed completely out of his child support/financial issues with his ex-wife. After we moved in together and started sharing finances, I inquired as to why he was paying her so much money when she makes twice as much as him. She would send him a text every month itemizing what he owed her for the month, child support, day care, and school lunches. He would just pay whatever she asked. I asked him to see a copy of the court paperwork and he indicated he did not have it. We were easily able to get a copy and upon review learned that him paying for the school lunches was no where in the decree and further it stated that once she provided a copy of the day care invoice his portion was due within so many days. Her text messages were very deceptive stating the decree said he was to pay of "child expenses" which lunches fell into. This is no where in the decree. However, she was alleging that she was paying $150 a month and his half was $75 a month. He paid this every month during school months on two children for two years. When I got involved I did some research on actual costs and we learned he was paying over 100% of the costs. In his contempt charge he states he is willing to pay half but would like the additional expense he incurred by paying over 100% of actual costs to be considered. Back to the day care issue, once he started demanding that he get child care invoices before he paid, she reluctantly provided a couple of the previous months, which we compared to her text messages. Every single month she had inflated the expense causing my fiancée to pay approximately 70% of the day care bill instead of the 50% a in the decree. And after all the overpayment, she refused to provide a copy of the 1099 from the day care so he could claim his share of the expense on his taxes. Without the 1099 the credit can not be taken, causing him to loose $400 a year from his tax refund. He is awarded claiming one of his children in the decree. The final issue is the decree states the parties will each travel to pick up the children when it is there custody time with the receiving parent doing the traveling. She refused for several months to deliver or pick up the children for visitation because my fiancé had moved 45 miles away after the divorce. The decree states either parent is allowed to move 100 miles away. Once he saw the decree he insisted on this being fair. Prior to that time she would tell him if he was unwilling to pick them up and bring them home he would not be able to see them. So the contempt issues are she failed to provide day care invoices for two years resulting in hundreds of dollars being overpaid; requesting 100% of school lunches, not even a condition of the decree that he pay any; failure to provide the 1099 and him loosing money on his tax refund; and failure to be fair in the transportation of the children. I was very frustrated at my fiancée for not having a copy of the decree and making all the overpayments. Mind you his ex makes 6 figures a year and my fiancée was going through a job loss, repossession of his truck and filing bankruptcy during these overpayments. Will the judge see the overpayment as my fiancée being naïve for not having the decree or are these actual contempt charges that give him a chance at justice. He was just trying to be a good father and support his children and she took complete advantage of him.
I am engaged to a man with two minor children. When we first started dating I stayed completely out of his child support/financial issues with his ex-wife. After we moved in together and started sharing finances, I inquired as to why he was paying her so much money when she makes twice as much as him. She would send him a text every month itemizing what he owed her for the month, child support, day care, and school lunches. He would just pay whatever she asked. I asked him to see a copy of the court paperwork and he indicated he did not have it. We were easily able to get a copy and upon review learned that him paying for the school lunches was no where in the decree and further it stated that once she provided a copy of the day care invoice his portion was due within so many days. Her text messages were very deceptive stating the decree said he was to pay of "child expenses" which lunches fell into. This is no where in the decree. However, she was alleging that she was paying $150 a month and his half was $75 a month. He paid this every month during school months on two children for two years. When I got involved I did some research on actual costs and we learned he was paying over 100% of the costs. In his contempt charge he states he is willing to pay half but would like the additional expense he incurred by paying over 100% of actual costs to be considered. Back to the day care issue, once he started demanding that he get child care invoices before he paid, she reluctantly provided a couple of the previous months, which we compared to her text messages. Every single month she had inflated the expense causing my fiancée to pay approximately 70% of the day care bill instead of the 50% a in the decree. And after all the overpayment, she refused to provide a copy of the 1099 from the day care so he could claim his share of the expense on his taxes. Without the 1099 the credit can not be taken, causing him to loose $400 a year from his tax refund. He is awarded claiming one of his children in the decree. The final issue is the decree states the parties will each travel to pick up the children when it is there custody time with the receiving parent doing the traveling. She refused for several months to deliver or pick up the children for visitation because my fiancé had moved 45 miles away after the divorce. The decree states either parent is allowed to move 100 miles away. Once he saw the decree he insisted on this being fair. Prior to that time she would tell him if he was unwilling to pick them up and bring them home he would not be able to see them. So the contempt issues are she failed to provide day care invoices for two years resulting in hundreds of dollars being overpaid; requesting 100% of school lunches, not even a condition of the decree that he pay any; failure to provide the 1099 and him loosing money on his tax refund; and failure to be fair in the transportation of the children. I was very frustrated at my fiancée for not having a copy of the decree and making all the overpayments. Mind you his ex makes 6 figures a year and my fiancée was going through a job loss, repossession of his truck and filing bankruptcy during these overpayments. Will the judge see the overpayment as my fiancée being naïve for not having the decree or are these actual contempt charges that give him a chance at justice. He was just trying to be a good father and support his children and she took complete advantage of him.