Summer visit goes too long --Contempt?

[cocobunny]

What is the name of your state? Ohio

THE FACTS:
I am a CP who resides in Ohio. The NCP lives in (Panama City)Florida. The divorce/court order was in Alabama.
The minor children (2) have lived with me (in OH.) since the divorce in '93. NCP (a Pastor and I do believe works at the military base as well) exercises visitation when "it suits him, because he's busy" (his words not mine).

THE PROBLEM:
Per the divorce agreement he gets them "30 days in the summer, to be agreed upon by the parties." This summer that was June 19 -July 17. He then emailed me several weeks in asking for one extra week. I emailed back saying it would be ok. We settled on a date and time -July 23. I then emailed him back, a couple days later, asking could he return them a little later in August ( I was having job difficulties --long story-- and I figured it would be easier for me to handle things if the kids weren't here). He became very wishy-washy and settling on a date and time became near impossible. I just threw in the towel and told him to bring them back on the 23rd as planned. He then emailed back saying that "he was busy....(on and on)" and that he needed to return them when he could "get around to it" !!! The date he gave me was waaaay unacceptable because the kids would need to be back in school. ( all of our conversations have been through email, so there is documentation of his responses)

THE QUESTION:
Where do I start? I would like to file for contempt, but I'm unsure if the Ohio courts are 'user-friendly' ( I know that the Florida courts are more 'user friendly' -- online doc.s ect.). I have a feeling my local PD will not want to get involved. As I'm sure they are no court of law anyway. Would I file here or would I need to file in Florida? Would I need to get him served? Any advice would be most helpful. I would like to do this on my own if possible seeing as I have little to no money. And before you ask ...no I cant get my kids, I have a little putt putt car. NCP offered to fly them back, but is now rescinding that offer.

 

[rmet4nzkx]

What is the name of your state? Ohio
THE FACTS:
I am a CP who resides in Ohio. The NCP lives in (Panama City)Florida. The divorce/court order was in Alabama.
The minor children (2) have lived with me (in OH.) since the divorce in '93. NCP (a Pastor and I do believe works at the military base as well) exercises visitation when "it suits him, because he's busy" (his words not mine).
THE PROBLEM:
Per the divorce agreement he gets them "30 days in the summer, to be agreed upon by the parties." This summer that was June 19 -July 17. He then emailed me several weeks in asking for one extra week. I emailed back saying it would be ok. We settled on a date and time -July 23. I then emailed him back, a couple days later, asking could he return them a little later in August ( I was having job difficulties --long story-- and I figured it would be easier for me to handle things if the kids weren't here). He became very wishy-washy and settling on a date and time became near impossible. I just threw in the towel and told him to bring them back on the 23rd as planned. He then emailed back saying that "he was busy....(on and on)" and that he needed to return them when he could "get around to it" !!! The date he gave me was waaaay unacceptable because the kids would need to be back in school. ( all of our conversations have been through email, so there is documentation of his responses)

THE QUESTION:
Where do I start? I would like to file for contempt, but I'm unsure if the Ohio courts are 'user-friendly' ( I know that the Florida courts are more 'user friendly' -- online doc.s ect.). I have a feeling my local PD will not want to get involved. As I'm sure they are no court of law anyway. Would I file here or would I need to file in Florida? Would I need to get him served? Any advice would be most helpful. I would like to do this on my own if possible seeing as I have little to no money. And before you ask ...no I cant get my kids, I have a little putt putt car. NCP offered to fly them back, but is now rescinding that offer.

Was FL his state of residence while in the military or was he from FL? If so, that would make your move to Ohio with the children removing them from the jurisdiction and most courts would rule that you are responsible for transportation costs.

If you file for contempt it would have to be with the AL court, not FL or OH.

Other issues, as you stated in previous posts your employment situation has changed several times in recent years as has his. I believe you may have misunderstood some of his obligations following Bible colege or Divinity school, Just because a person graduates and called a "pastor" doesn't mean that they have a placement that pays, they could be in an internship, assistant, associate pastor or volunteer position. You also say he is a DAV, what % is his also on SSDI? That will determione how and if you can collect CS.

Since you had reason to to extend his summer visitaiton and 30 days is not long anyway, you already extended until the July date, now what would it hurt if you let them stay longer, it actually benefit's you? Let them stay and since you declined his offer to fly them home, which you state you have documented, you provide an airplane ticket home, pretty simple.

Here is what you were saying this time last year
https://forum.freeadvice.com/showthread.php?p=685405#post685405

What is the name of your state? OHIO
Support ordered in: Alabama
Custodial Parent (myself) lives: Ohio
Non Custodial lives: Alabama
When the NCP was military the CS came monthly. Now he is out and went to college via the GI bill. Support was far and few between while he was in college. NCP said he was " unemployed ", but his wife was employed and they bought 2 new cars and a house during this time.

Now he has graduated with his Pastorial degree. He claims he is still unemployed, and that any income he gets is from military disability (bad back --yeah right!)

QUESTION: How can I get support on a regular basis? I usually have to wait for tax season to get money that is sucked from his refund (proof he works). But I want something consistant. Ohio drags its feet because the order is in Alabama. Alabama acts like they dont care since I am in Ohio. Any advice on getting consitant support?
Nope its "his". She claimed injured spouse the tax season they got married. When she saw the hoops they had to jump through to get her half back they started filieing seperatly.

 

[cocobunny]

Was FL his state of residence while in the military or was he from FL? If so, that would make your move to Ohio with the children removing them from the jurisdiction and most courts would rule that you are responsible for transportation costs.

If you file for contempt it would have to be with the AL court, not FL or OH.

Other issues, as you stated in previous posts your employment situation has changed several times in recent years as has his. I believe you may have misunderstood some of his obligations following Bible colege or Divinity school, Just because a person graduates and called a "pastor" doesn't mean that they have a placement that pays, they could be in an internship, assistant, associate pastor or volunteer position. You also say he is a DAV, what % is his also on SSDI? That will determione how and if you can collect CS.

Since you had reason to to extend his summer visitaiton and 30 days is not long anyway, you already extended until the July date, now what would it hurt if you let them stay longer, it actually benefit's you? Let them stay and since you declined his offer to fly them home, which you state you have documented, you provide an airplane ticket home, pretty simple.

Here is what you were saying this time last year
https://forum.freeadvice.com/showthread.php?p=685405#post685405

*I never said he was 'currently' in the military. Hes been looong out the military. His service in the military has nothing to do with his visitation. As far as moving out of state -- NEITHER of us lives in the state that the decree was ordered. BOTH of us are now out of Alabama. And a precedent has been set since '93 that he picks them up and brings them back. He was in Alabama for college and now has moved to FL.
*Thanks for answering my question on contempt.
* My employment has changed several times in recent years???? It has?!
*As far as the % of SSDI -- I have no clue.
*I already explained "what it would hurt" if they stay past SCHOOL STARTTING and actually he wants to return them "whenever it suits him"....when is that?!!!
*WHERE did you read that I declined his offer to fly them home?!
*As far as last year, I want to stay focused on 'visitation' in this thread, not my child support issues (which BTW I am handling in a different way)

 

[cocobunny]

I thought I would update what happened with my situation. I contacted a great attorney who gave excellent advice over the phone for free. I thought I would share what he said so that it may help anyone else in similar circumstances.

*He said I could get an emergency order, and that the court date would be in about 2 weeks.
*He said that if I wanted to file for contempt, that I could go and get the kids and then when taking my ex into court for contempt ask the judge for reimbursement for my expenses.
*He also said and option was to take my divorce agreement to the courts and ask for them to do an option called registering a foreign decree. He said it would take 1-2 months for this procedure, but basically its the Ohio courts who ask the Alabama courts can they have full jurisdiction over my case since the children live here. He said most courts agree to this as it lightens their case loads. He said it would cost about $1,200 total for this procedure.
*He also told me that the divorcee decree could be changed from Alabama (which currently governs it) to Ohio (which is where the children and I live. He said that it can't be switched from Alabama to Florida (where the ex lives), because the children live the majority (all of) their time in Ohio.

Overall he gave great advice and wasn't snooty or condescending. He mentioned a few more things, but unfortunately I was writing so rapidly I don think I got them all. I hope this helps anyone who is in a similar predicament