Need Advice...

[yolandanewell]

What is the name of your state? CA

How on earth can I block my exhusband from continually filing requests to modify/dodge child support.... ? Since I filed contempt charges last year he has had me in court over frivilous actions approximately 8-10 times (I've lost count)... not only is he NOT paying what he owes... has been convicted of 7 counts of contempt (not paid the purge) I have not once been able to have a full month at work to earn my capacity of wages in 7 months...

VERY FRUSTRATED
Yolanda

 

[Zephyr]

start requesting reimbursement for lost wages and transportation expense....you may not get them at first, but if he continues, I don't see any reason why the judge wouldn't award them

 

[yolandanewell]

Thank you

In the most recent service of a notice of motion - the form that I am to "Respond" with did not come with the paperwork... instead they sent some other form -

Is the best thing to do just show up at the hearing without having responded and ask that his request not be entertained... or do I need to goto the courthouse and retrieve the proper response paperwork?

 

[CourtClerk]

pull the response paperwork online... if you don't respond, don't expect to say anything when you get to court.

ask the judge to sanction.

 

[yolandanewell]

Got it....

Will do! Thanks again...

Took care of that... can I just say how EASY it is to pull up forms online and fill them out??? It sure beats the long lines at the courthouse!! I advise anyone that knows what they need to utilize the online system if it is available in their county!

 

[yolandanewell]

Before I file...

I just want to make sure that I have this correct...

I've marked the box "I do not consent to the requested order but do consent to the following" Under which I've placed the following statement

"Impute last known wage capacity of $11 per hour full time; sanction resp for my wages for time lost to extemporaneous motions meant to avoid ordered support; daycare/insurance costs in addition to the order; jail time for failure to comply with purge terms

My supporting statement lists his reasons for termination from his former employers: Insubordination; performing duties outside of the scope of his practice; internet activity while on the job in CCU; being sexually explicit and innappropriate while teaching CPR; failure to maintain appropriate boundaries with patients

I've also added that he has never voluntarily paid court ordered child support, child care reimbursement nor health insurance coverage in full regardless of how much or how little his income is. In addition to this I've pointed out that his frivilous motions are immediately following orders by Stanislaus Superior Court Judges indicating that he is in full disregard of those orders.

Did I do this correctly?

 

[wileybunch]

I'm not sure if the form you're filling out constitutes an Order to Show Cause motion for sanctions.

This is the civil court's rule on sanctions:
http://www.courtinfo.ca.gov/rules/index.cfm?title=two&linkid=rule2_30

I do not know if these civil rules are the same for family court specifically. I did not see any rules for sanctions in the Family Rules so the Civil rules would apply, but may have missed something. You can research here -- http://www.courtinfo.ca.gov/rules -- if no one with CA Family Court specific knowledge answers here.

It lays out exactly what a motion for sanctions must contain:

(1) state the applicable rule that has been violated, (2) describe the specific conduct that is alleged to have violated the rule, and (3) identify the attorney, law firm, party, witness, or other person against whom sanctions are sought. The court on its own motion may issue an order to show cause that must (1) state the applicable rule that has been violated, (2) describe the specific conduct that appears to have violated the rule, and (3) direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed against them for violation of the rule.

You can also ask for expenses in addition to the sanctions according to the above rule.

 

[yolandanewell]

What I am gathering from this...

(I should have been a lawyer.. grrrrr) - Thank you so much for the link.

My interpretation of this (after reading the link) is that I need to serve his PD with the request for sanction as far as to his failure to comply with purge terms set forth at our last hearing - which he has failed to pay and instead filed another request to modify child support? He is represented by a PD for the contempt charges of failure to pay CS - convicted on 7 counts - first purge payment due 3/1 - not paid.

The situation is muddled and convoluded at this point due to the fact that he keeps filing these requests innappropriately. The last hearing the PURGE was set at $321 - not a support order. So his request for modification of support makes no sense?

I feel another trip to the Court's "help department" coming on!! GRRRRRRRRRRR I'll have to look up and see what the appropriate forms are for sanction... it just seems too soon as the purge payment was due 3/1 we JUST went to court with a review set up for June... more papers flying everywhere... CALGONE TAKE ME AWAY!!!

 

[CourtClerk]

if no one with CA Family Court specific knowledge answers here.

I guess that would be me and Casa, huh???

Real quick...

You are not going to get the judge to order jail time, because this is not a criminal contempt case (I believe, so correct me if I'm wrong). If you're pursuing this in family court, then what you are asking for is civil contempt.

There are form for contempt, and I believe on those forms, you can ask for sanctions, but I'm at home today, not in work mode and I don't know that I'll be looking for them right now. However, someone is dragging their ex in on contempt in my courtroom next week, and their case is on my desk, so I actually could look tomorrow or Friday.

Motions for sanctions are generally written up on pleading paper though.

 

[yolandanewell]

But courtclerk!! he he he

According to another post ya have no idear what cher tawkin' bout... KIDDIN.. (I saw you getting picked on in another thread... boooo)

Thanks for the help! He has been convicted of 7 counts of contempt for failure to pay child support - 5 days in jail for each month unpaid sentence suspended for three years for him to pay. that was in Feb. Purge set for 321 w/ 1st pyment due 3/1 - then he files for a motion to modify child support... So i don't know what the heck... He's not going to pay one way or the other -

Anyone else feel that this is a debacle???? I certainly do... Thanks for your help though

 

[CourtClerk]

According to another post ya have no idear what cher tawkin' bout... KIDDIN.. (I saw you getting picked on in another thread... boooo)

I never know what I'm talking about when I'm right and you don't hear the answer you were expecting to hear.

It also appears that when I get back to work tomorrow, I need to start making coffee and being someone's personal secretary. So long as my paycheck doesn't change, I suppose I'll do it, however, my superiors (including the judge I actually work for) may be a little upset at my newfound secretarial duties. Oh wait... so will the litigants because without me, no one checks in, no minutes get entered, no one knows what happens in their case, in fact... nothing practically gets done

 

[yolandanewell]

Oh I Know!!!

I never know what I'm talking about when I'm right and you don't hear the answer you were expecting to hear.

It also appears that when I get back to work tomorrow, I need to start making coffee and being someone's personal secretary. So long as my paycheck doesn't change, I suppose I'll do it, however, my superiors (including the judge I actually work for) may be a little upset at my newfound secretarial duties. Oh wait... so will the litigants because without me, no one checks in, no minutes get entered, no one knows what happens in their case, in fact... nothing practically gets done

Chew gum and use two pencils to put your hair up - take lunch orders and make sure to gather all of the "smart important" peoples dry cleaning tags....

 

[CourtClerk]

Chew gum and use two pencils to put your hair up - take lunch orders and make sure to gather all of the "smart important" peoples dry cleaning tags....

Now THAT would be hilarious... however, if you knew me (personally), you'd know that if I started THAT behavior, they'd be calling mental health and having me committed because I was obviously showing signs of having a mental breakdown.

Shoot, I'm the one that is usually waiting to hear where my judge is going to lunch and asking him to bring ME back something.

 

[wileybunch]

I guess that would be me and Casa, huh???

Yep, you were two that came to mind and luckily you were around today!

 

[yolandanewell]

Well shoot CC

Now THAT would be hilarious... however, if you knew me (personally), you'd know that if I started THAT behavior, they'd be calling mental health and having me committed because I was obviously showing signs of having a mental breakdown.

Shoot, I'm the one that is usually waiting to hear where my judge is going to lunch and asking him to bring ME back something.

What on earth do you need a day off for??? What? With the Judge catering to you and all - and we ALL know it's cuz ya'ain't so smart and he feared ya'd lose yer way to the cafeteria and all.. what color finger nail polish ya gonna wear t'morrow??

In your defense (not that you really need it) - I cannot tell you how many times my judge has been cornfused and how many times the CC has had to straighten him out... (sheez I hope he's not reading this... )