father_of_2
Member
What is the name of your state? GA
So my son's mother filed a contempt charge citing "refusal to allow visitation with minor child". We finally went to court on yesterday for our hearing. She explained to the judge that her situation has changed and I was not being very flexible when it came to pickup and drop off. Mind you I was being way more than flexible for the past 1.5 years but I kept quiet. The judge dismissed the contempt charge stating that this was not a violation of the order and asked if we would like mediation to work out a new schedule. Long story short we did a new agreement and there was really no change in the pickup and dropoff even though this was her main complaint. She agreed that I was the custodial parent and that our son's primary residence was with me. The one thing that changed was if she does not pick him up from daycare on her scheduled day then each day he is at he daycare during her time she would have to pay me 30 dollars for each day payable the first friday after she is paid. She pretty much said she cant guarantee if she can pay when she gets paid if at all. She has already missed today.
So here is what I would like to know. If we have agreed that I am the custodial parent and she continues to miss her pickup days and fails to pay me back daycare then aside from taking her to court for comtempt is it possible to just file for child support outside of the current order or do I need to take her back to court and get a new order specifically for child support? I didnt ask for it during the hearing because I know she would never agree to it willingly but her nonchalant attitude towards helping financially with her son is getting old. Im sure she would feel very different if the shoe were on the other foot.
So my son's mother filed a contempt charge citing "refusal to allow visitation with minor child". We finally went to court on yesterday for our hearing. She explained to the judge that her situation has changed and I was not being very flexible when it came to pickup and drop off. Mind you I was being way more than flexible for the past 1.5 years but I kept quiet. The judge dismissed the contempt charge stating that this was not a violation of the order and asked if we would like mediation to work out a new schedule. Long story short we did a new agreement and there was really no change in the pickup and dropoff even though this was her main complaint. She agreed that I was the custodial parent and that our son's primary residence was with me. The one thing that changed was if she does not pick him up from daycare on her scheduled day then each day he is at he daycare during her time she would have to pay me 30 dollars for each day payable the first friday after she is paid. She pretty much said she cant guarantee if she can pay when she gets paid if at all. She has already missed today.
So here is what I would like to know. If we have agreed that I am the custodial parent and she continues to miss her pickup days and fails to pay me back daycare then aside from taking her to court for comtempt is it possible to just file for child support outside of the current order or do I need to take her back to court and get a new order specifically for child support? I didnt ask for it during the hearing because I know she would never agree to it willingly but her nonchalant attitude towards helping financially with her son is getting old. Im sure she would feel very different if the shoe were on the other foot.