Grace Period...is there one?

[pa_ak]

What is the name of your state? ak

Am just wondering if there is an "unwritten" rule about waiting "x" amount of days prior to filing a motion for contempt when a court ordered deadline concerning production of income verification is missed?

I understand an order is an order but was wondering if it was a common practice to give a few days latitude for the idiosyncracies of the US Mail or if it would be alright to file the motion immediately?

Any opinions/experience concerning this would be greatly appreciated.

Thanks,What is the name of your state?

 

[Gracie3787]

What is the name of your state? ak

Am just wondering if there is an "unwritten" rule about waiting "x" amount of days prior to filing a motion for contempt when a court ordered deadline concerning production of income verification is missed?

I understand an order is an order but was wondering if it was a common practice to give a few days latitude for the idiosyncracies of the US Mail or if it would be alright to file the motion immediately?

Any opinions/experience concerning this would be greatly appreciated.

Thanks,What is the name of your state?

If the court order was very specific, I would think that waiting at least 7 days past deadline would be fair.

 

[pa_ak]

If the court order was very specific, I would think that waiting at least 7 days past deadline would be fair.

The order was extremely specific. The deadline was Nov 2; nothing was in the mail today either. I will write the motion but will hold off on filing it until next Friday the 9th.

Thanks...

 

[pa_ak]

update on order requirements

I am not sure how to edit the original title but wanted to let everyone know i received the information required today.

However, there are several issues with it. First, his lawyer wrote a letter to the judge in which she included a memo from the ex's mother where she stated he would sign over his parental rights if his child support was increased to 33% of his income...okay...don't think that is possible.

Also, he stated that he shouldn't have to pay for health insurance that is usable in Alaska. His attorney went on to say that since I'm retired from the military, I get free health care and so do the kids...this is not true. I have to pay for insurance through the military and with the current state of affairs with deployments, retirees and their dependants are low man on the totem pole. Besides, this insurance does not cover anything but medical (no dental or vision). He currently pays $120 a month for insurance the children cannot use because it is a state PPO plan specific to Florida. The order stated he had to supply insurance that is effective in Alaska or pay 100% of my premium which is $159.28 per month; this includes medical, dental and vision.

Based on his paystubs, his support will be $911 per month and add the insurance it is $1070.28 - the Florida order that was served on him was for $1062.32....so now he has to pay more and has all those attorney fees on top of it...doesn't make sense to me...

 

[TinkerBelleLuvr]

However, there are several issues with it. First, his lawyer wrote a letter to the judge in which she included a memo from the ex's mother where she stated he would sign over his parental rights if his child support was increased to 33% of his income...okay...don't think that is possible.

If my memory serves me right, didn't your order originate in Texas? For the more knowledgeable, how does this work when an order has been domesticated to another state? Seems like Texas is the only one that lets you give up your rights without a step-in-the-wings to adopt. Curious here ...

Also, he stated that he shouldn't have to pay for health insurance that is usable in Alaska.

I could see if he just has to fork over the same amount to help pay towards your insurance. Would you be willing to accept the $120 towards that?

 

[VeronicaLodge]

his mother sent a note to the judge saying her son will give up his parental rights? nice.

 

[pa_ak]

If my memory serves me right, didn't your order originate in Texas? For the more knowledgeable, how does this work when an order has been domesticated to another state? Seems like Texas is the only one that lets you give up your rights without a step-in-the-wings to adopt. Curious here ...

I could see if he just has to fork over the same amount to help pay towards your insurance. Would you be willing to accept the $120 towards that?

absolutely i would accept that...however, since his $120 doesn't cover dental or vision to me it would make more sense to pay the additional $39.28 so the kids have dental and vision insurance and he doesn't have to pay 100% of the costs since he isn't providing the insurance per the verbage of our decree...and my insurance is excellent...my company picks up the majority of the premium...

 

[pa_ak]

If my memory serves me right, didn't your order originate in Texas? For the more knowledgeable, how does this work when an order has been domesticated to another state? Seems like Texas is the only one that lets you give up your rights without a step-in-the-wings to adopt. Curious here ...

Yes the order did originate in Texas...and it is now registered and confirmed in Alaska...I don't know on that one either...I don't think it can be done...personally i think it is a sympathy play by his mother to get her "digs" at me...she even said he was on the verge of a breakdown...doesn't surprise me since i have maintained this has been all about the money with him...the saddest part is he says he can't afford to come see his kids until after 2008 but has been able to go see his girlfriend every other month in OKC and post it on his myspace page...nice huh?

 

[pa_ak]

his mother sent a note to the judge saying her son will give up his parental rights? nice.

she actually sent it to his attorney who sent it to the judge to shed some light and give him insight into my ex...i think the fact my ex didn't appear at the last hearing gave the judge a lot of insight...and his attorney said i had the opportunity to appear at all hearing and he did not...wouldn't he be able to give his side if he appeared telephonically? his choice not to...

 

[escape2paradise]

she actually sent it to his attorney who sent it to the judge to shed some light and give him insight into my ex...i think the fact my ex didn't appear at the last hearing gave the judge a lot of insight...and his attorney said i had the opportunity to appear at all hearing and he did not...wouldn't he be able to give his side if he appeared telephonically? his choice not to...

His attorney gave this memo to the judge? Is the attorney a moron? I would think the judge would be less than impressed w/ a jerk threatening to give up rights to his children just to get out of paying the required support. I don't see how this could help the X at all!

 

[pa_ak]

His attorney gave this memo to the judge? Is the attorney a moron? I would think the judge would be less than impressed w/ a jerk threatening to give up rights to his children just to get out of paying the required support. I don't see how this could help the X at all!

i have to agree...and i got the feeling at our hearing last month when the judge looked me in the eye and asked me exactly what i wanted him to write in the order he had figured it out on his own who was telling the facts and who was "embellishing" them...

and yes she's a moron (totally my opinion although the one attorney i consulted with here asked what she was smoking!!!!)...when the judge had the original hearing in august he tried to get her to admit one could register an order in a state for support purposes only with no intention of giving said state any jurisdicition over custody...her response was that the support and custody order were in the same order so therefore i opened the pandora's box by filing for a modification...even after he told her she was two years too late with my ex's objection to my moving to alaska she filed a motion for contempt...cracked me up...i don't think the judge was too impressed either...