CarmelMike
Active Member
I live in California. I would like to thank everyone who has advised and guided me in the past. Thank you! This is a two part question. First, pertains to my ex-wife's attorney yelling at me during our phone conversations. During our calls he has been the aggressor. I feel emotionally drained which negatively effects me for days on. Perhaps this is his tactic, I do not know. I have told him to stop yelling at me and that his yelling is not necessary and impacts me negatively.
I recently filed for a RFO due to visitation changes. He was apparently out of town, but I never received an email, mail nor a certified letter notifying me of his leave of absence. (I moved back in with my family, however, my ex knows this and my new address) He attempted to reach me after he returned, but due to our past history of poor communication, I chose to not respond to his emails nor phone calls but wait for our court date to discuss matters in front of the judge. Upon his return, he had 7 days prior to our hearing to prepare, but my ex has opted to have her attorney file ex-parte. He filed ex-parte and is requesting I pay his fees; 2 hours drafting and 5 hours in argument. Because I filed a RFO during his absence which I was not notified of, was not notified of, in his declaration he states my filing RFO is harassing, made in bad faith and subject to sanctions. Please advise if he has a leg to stand on for attorney fees, even though he would have to file a response to my RFO.
Second part of my question, pertains to, my ex was ordered to reimburse me for travel expenses to visit our daughter who is living with her 400 miles away. I have changed careers and moved in with family due to the inability to pay for living expenses. My new career pays in commission. It is known that it will take up to 8-12 months to generate a stable consistent living income. My last travels to visit our daughter, my ex did not reimburse me. I informed her soon after that, that I changed careers and traveling to visit our daughter and paying in advance for travel expenses is not possible. I requested she deposit money into my account for gas and book and pay for the hotel room. She refused even though there is an order for her to reimburse for my visitation travel expenses up to $500. In my ex's declaration, she continuously states that I missed multiple visitation; knowing I can not afford to front the bill. After 9 months of driving 800 miles round trip for visitations it has proven very physically difficult and unsafe. Driving 400 miles back home Sunday night has proven to be unsafe for me as well as everyone else on the road because I have fallen asleep at the wheel from exhaustion. I have slept in my car until Monday morning which causes me to be late and exhausted for work. In my RFO I have requested for a round trip plane ticket, rental car, gas and hotel. The current order, "which is a lets see how this works out", states $500 reimbursement after receipts are provided for gas, wear and tare, 2 night hotel room.
Please advise if my request for alternate travel plans is legitimate. Thank You in advance.
I recently filed for a RFO due to visitation changes. He was apparently out of town, but I never received an email, mail nor a certified letter notifying me of his leave of absence. (I moved back in with my family, however, my ex knows this and my new address) He attempted to reach me after he returned, but due to our past history of poor communication, I chose to not respond to his emails nor phone calls but wait for our court date to discuss matters in front of the judge. Upon his return, he had 7 days prior to our hearing to prepare, but my ex has opted to have her attorney file ex-parte. He filed ex-parte and is requesting I pay his fees; 2 hours drafting and 5 hours in argument. Because I filed a RFO during his absence which I was not notified of, was not notified of, in his declaration he states my filing RFO is harassing, made in bad faith and subject to sanctions. Please advise if he has a leg to stand on for attorney fees, even though he would have to file a response to my RFO.
Second part of my question, pertains to, my ex was ordered to reimburse me for travel expenses to visit our daughter who is living with her 400 miles away. I have changed careers and moved in with family due to the inability to pay for living expenses. My new career pays in commission. It is known that it will take up to 8-12 months to generate a stable consistent living income. My last travels to visit our daughter, my ex did not reimburse me. I informed her soon after that, that I changed careers and traveling to visit our daughter and paying in advance for travel expenses is not possible. I requested she deposit money into my account for gas and book and pay for the hotel room. She refused even though there is an order for her to reimburse for my visitation travel expenses up to $500. In my ex's declaration, she continuously states that I missed multiple visitation; knowing I can not afford to front the bill. After 9 months of driving 800 miles round trip for visitations it has proven very physically difficult and unsafe. Driving 400 miles back home Sunday night has proven to be unsafe for me as well as everyone else on the road because I have fallen asleep at the wheel from exhaustion. I have slept in my car until Monday morning which causes me to be late and exhausted for work. In my RFO I have requested for a round trip plane ticket, rental car, gas and hotel. The current order, "which is a lets see how this works out", states $500 reimbursement after receipts are provided for gas, wear and tare, 2 night hotel room.
Please advise if my request for alternate travel plans is legitimate. Thank You in advance.
