ex-husband big loser

ex issues PLEASE HELP

I live in Indiana and I have a 9 year old who my ex and I share joint custody.
He does not call, see, or anything else very often with his son. He recently got into some criminal trouble and lost his job which he is required to pay support. The state brought him up on charges of contempt of a court order for not paying support. He is now bringing me up for contempt of a court order for denying visitation. He has not been here to where we live since his last visitation in mid august. He is saying I have kept him from his son since mid august. Does he have a case or would he have at least came here to attempt to get him on his weekends? I think he should have at least made the effort to come here. I have never kept him from his son. Help! A little worried about court date. Didn't think I was keeping him from anything.
PLEASE HELP!!!!!

UNless he showed up at your doorstep and you denied him visitation right there than he does not have a case!

Halls said:

UNless he showed up at your doorstep and you denied him visitation right there than he does not have a case!

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That's not necessarily true.

What does the court order say, EXACTLY with regards to visitation, transportation, meeting times/places, etc?

Have You Been Thru This Before? I Thought That Might Be The Case But Was Unsure. Never Get To Confident-know Anything Can Happen

It Says He Gets Every Other Weekend Picks Him Up Here At 6p.m. And I Pick Him Up After Visitation At 6p.m. At , Well Wherever He's At.

If it specifically states that he is to pick up the child at your home at a certain time, and he has failed to attempt to do so, then you have very little to worry about.

that is what I said CJane.

Halls said:

that is what I said CJane.

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And you happened to be correct that the CO requires NCP to pick up at CP's house. However, a LOT of orders don't require that at all, which is why I asked for clarification before answering.

Thanks for the input. It is greatly appreciated. Still with some concern, but I think it is more of just the appearing in court. Hopefully everything will work out fine. Thanks again. Have other issues in regard to my son and the ex, however, they are not in play just yet. Probably need some more input later.

My X did the same thing swore I wouldn't let her see the kids, we where to meet at the local PD I had a few officers names stating she never showed up and I sat there every Mon and everyother sat morning. It was just to get me to spend money on a lawyer and miss work.
You'll be Good

QUOTE=ptrc]I live in Indiana and I have a 9 year old who my ex and I share joint custody.
He does not call, see, or anything else very often with his son. He recently got into some criminal trouble and lost his job which he is required to pay support. The state brought him up on charges of contempt of a court order for not paying support. He is now bringing me up for contempt of a court order for denying visitation. He has not been here to where we live since his last visitation in mid august. He is saying I have kept him from his son since mid august. Does he have a case or would he have at least came here to attempt to get him on his weekends? I think he should have at least made the effort to come here. I have never kept him from his son. Help! A little worried about court date. Didn't think I was keeping him from anything.
PLEASE HELP!!!!![/QUOTE]

ptrc said:

I live in Indiana and I have a 9 year old who my ex and I share joint custody.
He does not call, see, or anything else very often with his son. He recently got into some criminal trouble and lost his job which he is required to pay support. The state brought him up on charges of contempt of a court order for not paying support. He is now bringing me up for contempt of a court order for denying visitation. He has not been here to where we live since his last visitation in mid august. He is saying I have kept him from his son since mid august. Does he have a case or would he have at least came here to attempt to get him on his weekends? I think he should have at least made the effort to come here. I have never kept him from his son. Help! A little worried about court date. Didn't think I was keeping him from anything.
PLEASE HELP!!!!!

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The burden of proof is on him to prove he was denied. Proof usually consists of: Police reports of denials (he shows up, you refuse, he contacts police), telephone/cellphone records showing multiple calls to you, unanswered on fri. evenings showing a pattern of not being able to contact you or arrange visitation, witness statements that demonstrate he came to pick up the child and was denied.

If you weren't denying him~ You have very little to worry about. Even in cases of actual contempt, the first filing generally only results in warnings &/or an Order to Enforce.

I am not familiar, specifically, with IN case law~ Although I suspect the X has found something which legally addresses failure to pay support if/when visitation is being denied.?? In most states, these 2 issues are completely separate...however, if he's looking at criminal charges, it's possible he'd try anything.