Update...sorry so long

[Neal1421]

What is the name of your state? TN

For those who aren't familiar with my fiancé’s story, here is the link for my previous post.

https://forum.freeadvice.com/showthread.php?t=303172&highlight=drama

Ok, so he went to court on the contempt charges against the mother of his daughter back in May. They came to what an agreement as to modification of visitation and child support while they were waiting in the courtroom. Lawyers for both parties went over the agreement at least 3 times and everyone agreed to the changes in the court room.

He initiated the court action by filing contempt charges and when she returned her answer she denied everything in the petition and then asked for an increase in child support. He has the denied visitation and denied phone access on tape. So he had proof of her being in contempt.

Based on both of their incomes and his raises, she would have been entitled to a $200 increase in support. However, once she saw him in the court room with the audio and video tapes, she agreed to modify visitation and once that was agreed on with the extra days that he was allowed to have the child, he received a 10% decrease in support. With that 10% decrease, it wasn't enough of a change in income to modify the court order. That was of course if he would be willing to not go before the judge with the contempt of court charges. All he really wants is to be able to see and talk his child and she has done nothing but cause problems with him seeing and talk to her.

I hope this makes sense so far.

Now fast forward to last week. She is now claiming that she never agreed to any of the proposed changes to the visitation order and she wants her money. Her lawyer as well as his lawyer is trying to tell her that she did agree to everything and that they explained everything to her more than once while they were in the court room, but she still claims she never agreed to anything and that she wants it to go before the judge.

His lawyer is filing a motion to enforce the Old order at this point which would mean that he would get the child for his summer visitation beginning July 1 for 2 weeks.

My question now is, if the modification of visitation and support goes before the judge again can he also bring the contempt charges against her or is it too late for that? She is still denying him phone access to the child.

Thanks!

 

[BL]

Both were in the Court room and " Agreed " . If there is any further contempts , then it NEEDS to be filed and carried through .

The Lawyer can certainly make the Court aware of any prior contempts , and argue the mother is unilaterally trying to control .

 

[Neal1421]

Both were in the Court room and " Agreed " . If there is any further contempts , then it NEEDS to be filed and carried through .

The Lawyer can certainly make the Court aware of any prior contempts , and argue the mother is unilaterally trying to control .

Here's the thing though, it did not go before the judge. They were trying to work things out between themselves with their lawyers present in the courtroom. Oddly, the court had no other cases to hear so we all just sat in the courtroom with the court officer watching and they hashed out the new agreement and now she is saying that she never agreed to anything. She will not sign the new agreement that says word for word what they agreed to in court.

Since it did not go before the judge, can the "agreed" order still be enforced?

 

[LdiJ]

What is the name of your state? TN

For those who aren't familiar with my fiancé’s story, here is the link for my previous post.

https://forum.freeadvice.com/showthread.php?t=303172&highlight=drama

Ok, so he went to court on the contempt charges against the mother of his daughter back in May. They came to what an agreement as to modification of visitation and child support while they were waiting in the courtroom. Lawyers for both parties went over the agreement at least 3 times and everyone agreed to the changes in the court room.

He initiated the court action by filing contempt charges and when she returned her answer she denied everything in the petition and then asked for an increase in child support. He has the denied visitation and denied phone access on tape. So he had proof of her being in contempt.

Based on both of their incomes and his raises, she would have been entitled to a $200 increase in support. However, once she saw him in the court room with the audio and video tapes, she agreed to modify visitation and once that was agreed on with the extra days that he was allowed to have the child, he received a 10% decrease in support. With that 10% decrease, it wasn't enough of a change in income to modify the court order. That was of course if he would be willing to not go before the judge with the contempt of court charges. All he really wants is to be able to see and talk his child and she has done nothing but cause problems with him seeing and talk to her.

I hope this makes sense so far.

Now fast forward to last week. She is now claiming that she never agreed to any of the proposed changes to the visitation order and she wants her money. Her lawyer as well as his lawyer is trying to tell her that she did agree to everything and that they explained everything to her more than once while they were in the court room, but she still claims she never agreed to anything and that she wants it to go before the judge.

His lawyer is filing a motion to enforce the Old order at this point which would mean that he would get the child for his summer visitation beginning July 1 for 2 weeks.

My question now is, if the modification of visitation and support goes before the judge again can he also bring the contempt charges against her or is it too late for that? She is still denying him phone access to the child.

Thanks!

If mom doesn't sign off on the agreement than that opens EVERYTHING back up, including the contempt.

However, you can expect that there will probably end up being a delay in the case....because its likely that her attorney will be irritated enough with her to withdraw from the case.

 

[Neal1421]

If mom doesn't sign off on the agreement than that opens EVERYTHING back up, including the contempt.

However, you can expect that there will probably end up being a delay in the case....because its likely that her attorney will be irritated enough with her to withdraw from the case.

That's what I was thinking. He was trying to get the child for 4 weeks during the summer and that was one of the things that she agreed to in the new order. I am thinking though, he will not get that this summer and he will only get the 2 that are in the old order.

I am sure her attorney is getting irritated with her. This is the 3rd one that she has had since the contempt charges were filed.

 

[BL]

He NEEDS to STOP agreeing and follow the contempts through .

Geeze .. After 3 Attorneys and all the bull crap , the Judge may just sanction her with incarceration , or threat thereof .

 

[Neal1421]

He NEEDS to STOP agreeing and follow the contempts through .

Geeze .. After 3 Attorneys and all the bull crap , the Judge may just sanction her with incarceration , or threat thereof .

It was mainly his lawyers that were telling him to agree to it, he didn't want to. He wanted the judge to hear it but he attorney advised him against doing that. At this point though, both he and his lawyers are fed up with her and they are willing to take it back to court. I just wasn't sure if the contempt charges could be brought back up.

One can only hope with the things this woman pulls that the judge would threaten her with incarceration so that she can see that this is not a game.

 

[Neal1421]

The plot thickens

Ok, my fiancé found out this past weekend that his daughter's mother recently got married. We were happy at first because maybe now that she is married she will be happy and leave us alone.

Well, we also found out that she is pregnant by her husband. More power to her, but after doing some investigating I have found out that her husband is unemployed and living off of her.

She called my fiancé last night to tell him that she and her husband are expecting a child and that her amount of child support needs to be increased because she will not be able to take care of both children with her income. My thought was hell, you're married ,make your husband get a job. But of course that's none of my business.

She seems to think that her having another child will give her credit against income for the support calculation. TN has recently adopted the income-shares model.

My question is, is it possible that his support will go up based on the fact that she is having a child by another man? Should my fiancé be punished for her marrying and becoming impregnated by this loser?

My fiancé_s lawyer says that there is a possibility that it may increase based on this, however I have had some issues with some of the things his lawyer has told him in the past so I thought I would get you all's input.

 

[Ithildriel]

Not legal advice

But going strictly by the support calculator for TN, it appears that it would only go up if his income has increased since the last adjustment.

http://www.alllaw.com/calculators/Childsupport/tennessee/

 

[LdiJ]

But going strictly by the support calculator for TN, it appears that it would only go up if his income has increased since the last adjustment.

http://www.alllaw.com/calculators/Childsupport/tennessee/

That calculator may not be up to date....I would try to see if there is one on the TN government website...or at least try another calculator and compare results.

 

[Neal1421]

That calculator may not be up to date....I would try to see if there is one on the TN government website...or at least try another calculator and compare results.

You are right, that calculator is not up to date. TN switched to the Income-Shares model January of last year. So, the calculations are much more complicated now because it takes into account both parent's incomes, insurance, child care as well as time spent with the child.

But my question becomes, why should he have to pay for her having another child when her own husband does not work? It just doesn't make sense to me. If she couldn't afford to have another child, she shouldn't have gotten pregnant.

 

[Neal1421]

Good News...No new question just an update.

So, the lawyers went before the judge today with the issue of enforcing the new order which was to give him Friday evening through Monday morning, alternating holidays, and 4 weeks in the summer. The mother of the child initially agreed to this but when it came time to sign the agreement she backed out stating that she never agreed to anything.

In court today the judge read through everything and was confused as to why they were there when they agreed to everything, but she kept saying that my fiance and his lawyers were in cohorts with her lawyer and were trying to trick her. (Did I mention this chick is crazy?)

Anyway, the judge basically said that he was not going to deny a father that is trying to see his child and is willing to travel as much as he does to see her the right to see her more if that is what he wants. He basically said that they would have a hearing about everything else (contempt charges as well as him being able to claim his daughter every other year) in November but for the time being he was going to allow him to have her for 4weeks this summer and a stay on the amount that he pays her in childcare during the time that he has the child.

Well, when the judge said this the child's mother stood up and said she did not think that he should get her because he and his family are brainwashing the child and it would not be in her best interest. This is a lie, because we never say anything bad about her in front of the child or when the child is even in the same vacinity. I even try to encourage a better relationship between the two of them. The little girl has come to me on several occasions asking me if she could call me mom because she sees my son, her brother calling me that. I tell her no, she has a mother that loves her and that would be hurt if she were to start calling me that. So I don't know where the mother is getting this crap.

My fiance still has a ways to go as far as getting all of this resolved but at least now we know that someone else sees that this woman is not looking out for what is in the child's best interest.

 

[BL]

Here's the thing though, it did not go before the judge. They were trying to work things out between themselves with their lawyers present in the courtroom. Oddly, the court had no other cases to hear so we all just sat in the courtroom with the court officer watching and they hashed out the new agreement and now she is saying that she never agreed to anything. She will not sign the new agreement that says word for word what they agreed to in court.

Since it did not go before the judge, can the "agreed" order still be enforced?

If the stipulations of Agreement were signed by a Judge , YES .

Most Courts would rather see agreements , and even encourage it , rather than make their own ruling .

Of course that's not always possible .