What is the name of your state (only U.S. law)? WA
I am currently petitioning for some modifications to be made in our parenting plan, and my ex-husband is being less than compliant. He continues to disregard my court ordered parenting time, and says that I can only see my daughter during my scheduled time if I make plans far enough in advance of him making HIS plans for the weekend. Unfortunately, it seems there is no set amount of time in his mind; he has plans scheduled for my daughter's weekends for the next 6 weeks out (supposedly). He signs her up for camps, play dates, and vacations on my weekends, claiming that I never told him my official "plan" for that weekend's visitation. By court order, I am supposed to have my daughter one week night and on weekends, and before the "his schedule" problem, he has given me numerous other excuses as to why I can't see my daughter.
I was planning on filing a modification clarifying these points, but when I went to request the paperwork to make the clarification, the accompanying instruction read that the judge may not hear my case unless he has been found to be in contempt of court at least twice in the last 3 years.
I have mentioned to him that his actions are in contempt of court, but he claims that if I give him any "attitude" or "threaten him" that I will end up wishing I had never done so and he will have my currents rights stripped.
Before our most recent modification, he did have temporary custody while I went through a rehab program for prescription meds. That had not been a long-standing problem for me (only about 2 months), and I was quickly able to quit and get back to normal life. Before that, I had been the legal custodian and primary residential parent, receiving both alimony and child support. He had it ordered that I pay child support the moment I checked into rehab, and was not able to for 2 months. I have since repaid the amount now that I am working again. He makes over 300k per year and I make under 50k, so I was surprised that he even asked for Child Support during that time. He went on a tropical vacation with my daughter and bought a brand new BMW during that time, so I don't think he was hurting financially, and I suspect that having our daughter for 8 weeks cost him far, far less than paying child support to me.
He says that if I take action to have him found to be in contempt, that he will order new parenting evaluations for both of us and "destroy me" with allegations of drug abuse and having had past due child support. Can he do this, and have these things brought up, even though we've already had an amendment to the plan since these issues have been straightened out?
I'm afraid that by pursuing my rights to parenting time that I may be shooting myself in the foot and end up seeing her even less than I already do. I'm already up to my ears in legal fees surrounding this case as we speak.
I am currently petitioning for some modifications to be made in our parenting plan, and my ex-husband is being less than compliant. He continues to disregard my court ordered parenting time, and says that I can only see my daughter during my scheduled time if I make plans far enough in advance of him making HIS plans for the weekend. Unfortunately, it seems there is no set amount of time in his mind; he has plans scheduled for my daughter's weekends for the next 6 weeks out (supposedly). He signs her up for camps, play dates, and vacations on my weekends, claiming that I never told him my official "plan" for that weekend's visitation. By court order, I am supposed to have my daughter one week night and on weekends, and before the "his schedule" problem, he has given me numerous other excuses as to why I can't see my daughter.
I was planning on filing a modification clarifying these points, but when I went to request the paperwork to make the clarification, the accompanying instruction read that the judge may not hear my case unless he has been found to be in contempt of court at least twice in the last 3 years.
I have mentioned to him that his actions are in contempt of court, but he claims that if I give him any "attitude" or "threaten him" that I will end up wishing I had never done so and he will have my currents rights stripped.
Before our most recent modification, he did have temporary custody while I went through a rehab program for prescription meds. That had not been a long-standing problem for me (only about 2 months), and I was quickly able to quit and get back to normal life. Before that, I had been the legal custodian and primary residential parent, receiving both alimony and child support. He had it ordered that I pay child support the moment I checked into rehab, and was not able to for 2 months. I have since repaid the amount now that I am working again. He makes over 300k per year and I make under 50k, so I was surprised that he even asked for Child Support during that time. He went on a tropical vacation with my daughter and bought a brand new BMW during that time, so I don't think he was hurting financially, and I suspect that having our daughter for 8 weeks cost him far, far less than paying child support to me.
He says that if I take action to have him found to be in contempt, that he will order new parenting evaluations for both of us and "destroy me" with allegations of drug abuse and having had past due child support. Can he do this, and have these things brought up, even though we've already had an amendment to the plan since these issues have been straightened out?
I'm afraid that by pursuing my rights to parenting time that I may be shooting myself in the foot and end up seeing her even less than I already do. I'm already up to my ears in legal fees surrounding this case as we speak.