Order to Show Cause

[luvisabattle]

Washington State

In response to an order to show cause for contempt, would it be ok to request that a parenting plan be modified at that hearing and submit a plan with the changes?

Thanks

 

[RemitAdvice]

You need to respond to the Motion for Show Cause as to why you shouldn't be charged with contempt. If you need a visitation modification, then file for it. They're different.

Something about due course...

 

[luvisabattle]

Do I just respond to the points brought up, or can I bring up my own points too?

 

[CJane]

Do I just respond to the points brought up, or can I bring up my own points too?

If you're going to bring up your own points, you need a counter motion.

And you probably need an attorney if you want to combine a modification that benefits YOU with a contempt motion filed AGAINST you.

 

[luvisabattle]

The PP is full of grey areas and I have plenty of documentation that proves that I tried to cooperate and that the other parent is causing issues intentionally.

after a long period of time I got the other parent to meet in mediation (our dispute process per PP) and then he wouldn't sign the PP the mediator drew up.

If it is obvious that the other parent has filed the contempt order to be vindictive is there a recourse?

I have no financial resources to hire an attorney

 

[CJane]

The PP is full of grey areas and I have plenty of documentation that proves that I tried to cooperate and that the other parent is causing issues intentionally.

after a long period of time I got the other parent to meet in mediation (our dispute process per PP) and then he wouldn't sign the PP the mediator drew up.

If it is obvious that the other parent has filed the contempt order to be vindictive is there a recourse?

I have no financial resources to hire an attorney

Your recourse, if you can PROVE that he filed the contempt motion falsely and maliciously and with NO BASIS WHATSOEVER, is to have his motion dismissed.

Refusing to sign a mediated agreement is not proof that he's causing issues intentionally. Not remotely.

 

[luvisabattle]

there's much more to the story but his order is based on our joint decision making.

I did enroll our daughter into an afterschool program that he disagreed with because of a cost increase to him of approximately $30 a month. I had to enroll her somewhere for fall and didn't want to do it at the place she was at previously because of all the problems she was having there.

I corresponded with him and his attorney for over 9 months to find a solution and his only option was to keep her at the old place.

 

[Isis1]

Even if you offered to pay the extra $30??

 

[luvisabattle]

I didn't offer to pay the difference, but at one point he said he would agree to the change as long as I signed a document saying that he would not have to pay more than $157 a month and I said I would sign that if he added that it would be only for the 2010 / 2011 school year since the rates go up each year. He never responded to that e-mail.

 

[Zigner]

I didn't offer to pay the difference, but at one point he said he would agree to the change as long as I signed a document saying that he would not have to pay more than $157 a month and I said I would sign that if he added that it would be only for the 2010 / 2011 school year since the rates go up each year. He never responded to that e-mail.

So you, unilaterally, wanted to increase HIS costs? You should have offered to pay the $30/month

 

[luvisabattle]

He makes three times as much as I do. And the court just awarded my child support to be increased by $150 a month (and also his percentage of daycare expense was increased to %73) which proves he needs to contribute more to his daughter's care.

I pay all other activity costs. He hasn't spent any money on her that wasn't court ordered

 

[Isis1]

I didn't offer to pay the difference, but at one point he said he would agree to the change as long as I signed a document saying that he would not have to pay more than $157 a month and I said I would sign that if he added that it would be only for the 2010 / 2011 school year since the rates go up each year. He never responded to that e-mail.

*sigh*

So, when do you plan to offer him to cover those extra costs so you can move the child to a childcare center you want?

 

[Zigner]

He makes three times as much as I do. And the court just awarded my child support to be increased by $150 a month (and also his percentage of daycare expense was increased to %73) which proves he needs to contribute more to his daughter's care.

I pay all other activity costs. He hasn't spent any money on her that wasn't court ordered

I'm missing the point...all that he's legally obligated to pay is what the court orders.

And, now that you're getting $150 per month more, you can afford a measly $30 to go towards the increased daycare costs, right?

 

[luvisabattle]

No I get your point. It's turned into a really big deal over $30

My point is the big picture which is that he can afford it and was saying no just to deny me something I was requesting. Like the other 10 things he's said "no" to. To our daughter's detriment.

 

[luvisabattle]

And our support hearing was 10/22, so I didn't know I would get the increase until recently. I need to make a choice and couldn't put her back into the old place. All other establishments in our area are more expensive. You get what you pay for.