It's Finally Over

[Neal1421]

What is the name of your state (only U.S. law)? TN

https://forum.freeadvice.com/child-custody-visitation-37/cp-now-wants-move-another-state-451401.html

Well, hubby went back to court yesterday and was given permenant full custody of his daughter. She has been given visitation at all major school breaks, however he has to foot the bill, which he is fine with. Both parties have to pay for their own lawyers and he has decided that now that it is over with, he will just eat the costs of the trips out there to get his daughter. We are both just relieved that it is all over ant that things have worked out.

Thank you all for your help over the years. We couldn't have done it without you guys!

 

[Zephyr]

Glad the custody circus is over for you!

 

[Neal1421]

Well, not quite

I posted something a couple of days ago, however it myteriously disappeared.

Anyway, I won't type it all again however now it seems as though the mother has filed an appeal to the judge's decision.

What happens at an appeal? Is the judge just reviewing the case and seeing if everything was handled correctly, or will there be new evidence (if she has any) heard?

Also, my husband has been sending the child to see her mom per the court order and paying for it as ordered, however the mother refuses to send any money per the child support order. He is filing for contempt with his next check, but wants to know if he might be jumping the gun? He filed for her wages to be garnished however the order has to be enforced in the state where she lives before anything can be done. Can he file contempt if he has filed for a wage garnishment and it has yet to be enforced?

Thanks in advance.

 

[Ohiogal]

I posted something a couple of days ago, however it myteriously disappeared.

Anyway, I won't type it all again however now it seems as though the mother has filed an appeal to the judge's decision.

What happens at an appeal? Is the judge just reviewing the case and seeing if everything was handled correctly, or will there be new evidence (if she has any) heard?

Also, my husband has been sending the child to see her mom per the court order and paying for it as ordered, however the mother refuses to send any money per the child support order. He is filing for contempt with his next check, but wants to know if he might be jumping the gun? He filed for her wages to be garnished however the order has to be enforced in the state where she lives before anything can be done. Can he file contempt if he has filed for a wage garnishment and it has yet to be enforced?

Thanks in advance.

When did she file the appeal? When was the order timestamped?

 

[gatorfan1]

Wow, just wow. I went through all of your old posts and all I can say is wow. That and congrats to your hubby for sticking it out and doing what he needed to for his daughter. I'm really glad it worked out for ya'll. Hopefully his ex's desperate attempts at an appeal are shot down. Good luck to ya'll.

 

[Neal1421]

When did she file the appeal? When was the order timestamped?

The final order wasn't signed by the judge until mid December. When his lawyers looked through all of the appeal paperwork, it looked as though she filed the appeal shortly thereafter in the county court and it was sent to the appeals court mid January. He is just now hearing about it now. He is waiting to get all of the paperwork with her claim so that he can respond.

 

[Ohiogal]

The final order wasn't signed by the judge until mid December. When his lawyers looked through all of the appeal paperwork, it looked as though she filed the appeal shortly thereafter in the county court and it was sent to the appeals court mid January. He is just now hearing about it now. He is waiting to get all of the paperwork with her claim so that he can respond.

He was supposed to have been served copies of the appeal paperwork. Have his lawyer look at getting it dismissed due to lack of due process.

 

[Neal1421]

He was supposed to have been served copies of the appeal paperwork. Have his lawyer look at getting it dismissed due to lack of due process.

Ok, so he should have received something also in addition to what was received by the attorny? What the attorney received was just the actual notice of appeal. It didn't have any complaints or arguements which I thought might have been submitted by this point.

If they can't get it dismissed for lack of service, what all does the appeal involve? Will there be a whole new trial, or will they just look at the legal aspects of the case and make sure that everything was followed correctly. I've read that with criminal cases, with an appeal there has to be a basis for the appeal other than they didn't like the judgement that was given. Is this also true for this type of case?

Also, do you think he should wait to file contempt of court for the child support issue or go ahead and file now?

Thanks!

 

[MichaCA]

My understanding of a appeal is first an appeal board has to review the merits of it and determine whether they wish to let it go to trial or dismiss it. According to one family law attorney I had, the majority of appeals don't make it.

I believe an appeal can only be taken up if it looks as if there were some due legal process that was clearly not followed. I know a senior will totally refine this, just jumping in here to help relieve your (and hubbies) mind a bit.

 

[liandrajade]

when someone appeals a case, they can only appeal what was said and done during trial, they cannot introduce new evidence or anything else if i understand correctly. the ex can legally file an appeal, whether or not it will get calendared and heard is a different story. the ex's atty has to show something that garners a valid legal reason for the appeal.

so did you husbands atty get an actual notice to appear in court or just a notice that they are appealing it? those are two separate things. I can say to you all i want im going to do this and that, means nothing unless the court puts it on the calendar for review/trial.

I dont know how it works in any other state, but in NY, you have to PAY for anything done in Appellate Court. If hubby's ex wants to waste more money, let her.

 

[LdiJ]

The final order wasn't signed by the judge until mid December. When his lawyers looked through all of the appeal paperwork, it looked as though she filed the appeal shortly thereafter in the county court and it was sent to the appeals court mid January. He is just now hearing about it now. He is waiting to get all of the paperwork with her claim so that he can respond.

Alot depends on what kind of appeal it was. If it was an appeal from the trial court level to the appellate courts, there is one set of rules.

If it was an appeal from a magistrate (or the equivalent) to a sitting judge there is another set of rules.

Both sets of rules vary from state to state.

He shouldn't be taking our advice, he should be taking the advice of his attorney.

 

[Neal1421]

Alot depends on what kind of appeal it was. If it was an appeal from the trial court level to the appellate courts, there is one set of rules.

If it was an appeal from a magistrate (or the equivalent) to a sitting judge there is another set of rules.

Both sets of rules vary from state to state.

He shouldn't be taking our advice, he should be taking the advice of his attorney.

He plans on asking his atty the next time they meet, however after all that he has gone through with ge courts and lawyers he's not sure what really to believe. His lawyer told him before he went to court the last time that they would at least split the transportation costs, but the lawyer didn't argue that she should at least be responsible for half and he ended up paying all of it even though she moved. The lawyer also said that he could ask for the costs my husband incurred when he flew there to get her but the lawyer didn't ask for that either. So although he is still my husband's lawyer because he handled thr case before and knows it, my husband isn't very confident in what he says. Plus he has already paid over $8000 in lawyer fees, anytime he calls he gets charged and with the mom not paying support along with him footing the bill for each visitation, money is beginning to run low. That's why I wanted to ask here so that he can bring it all up when they meet.

 

[Neal1421]

Update

So, here where things stand.

The appeals case has still not made it to court. So no update on that really.

He sent his daughter for her spring break and paid for it as stated in the custody order.

The mother of the child has still not paid a dime in child support. At first the delay was getting the order domesticated (or whatever it's called) in her state, then she quit her job, and now no one can find her.

He wen back to court a couple of weeks ago for a contempt of non-payment hearing and she didn't show up. The judge ended up ordering that she is in arrears and that until those arrears are paid, she is to pay for the travel for the daughter to visit her.

His daughter's mother also claimed her on her taxes when the order clearly stated that father was to be able to claim her and she was also found in contempt for that, but there was no punishment.

My question now is (and I'm pretty sure I know the answer, I just want to check) if she doesn't send ticket information for the child to visit, is he still required to send her? She hasn't responded to anything from the court so he's not sure if she even lives at the same address. He emails everything to her as well as has it mailed so he knows that she received the emails, but has no confirmation as to whether or not she still lives there and doesn't know where he would be sending his daughter.

He really wants her to have a relationship with her mom and he knows that she misses her, but at this point with her not paying and him paying tens of thousands of dollars for his lawyers to continue to deal with all of this in court it is beginning to take a toll on his bank account.

Thanks guys.

 

[TinkerBelleLuvr]

The judge ended up ordering that she is in arrears and that until those arrears are paid, she is to pay for the travel for the daughter to visit her.

If mom wants to see child, then she pays. Real simple.

Dad could always scan and email the court order to mom. If it were me, I would send a copy CRRR to her last known address. If it comes back, then keep it sealed.