Went To Court On Contempt Charge Yesterday

[father_of_2]

What is the name of your state? GA

So my son's mother filed a contempt charge citing "refusal to allow visitation with minor child". We finally went to court on yesterday for our hearing. She explained to the judge that her situation has changed and I was not being very flexible when it came to pickup and drop off. Mind you I was being way more than flexible for the past 1.5 years but I kept quiet. The judge dismissed the contempt charge stating that this was not a violation of the order and asked if we would like mediation to work out a new schedule. Long story short we did a new agreement and there was really no change in the pickup and dropoff even though this was her main complaint. She agreed that I was the custodial parent and that our son's primary residence was with me. The one thing that changed was if she does not pick him up from daycare on her scheduled day then each day he is at he daycare during her time she would have to pay me 30 dollars for each day payable the first friday after she is paid. She pretty much said she cant guarantee if she can pay when she gets paid if at all. She has already missed today.

So here is what I would like to know. If we have agreed that I am the custodial parent and she continues to miss her pickup days and fails to pay me back daycare then aside from taking her to court for comtempt is it possible to just file for child support outside of the current order or do I need to take her back to court and get a new order specifically for child support? I didnt ask for it during the hearing because I know she would never agree to it willingly but her nonchalant attitude towards helping financially with her son is getting old. Im sure she would feel very different if the shoe were on the other foot.

 

[OhReally?]

So here is what I would like to know. If we have agreed that I am the custodial parent and she continues to miss her pickup days and fails to pay me back daycare then aside from taking her to court for comtempt is it possible to just file for child support outside of the current order or do I need to take her back to court and get a new order specifically for child support? I didnt ask for it during the hearing because I know she would never agree to it willingly but her nonchalant attitude towards helping financially with her son is getting old. Im sure she would feel very different if the shoe were on the other foot.

So am I understanding this correctly that there is NO child support order in place either through a court or CSEA?

 

[TinkerBelleLuvr]

Here is where you have to keep a VERY detailed log. You now have the agreement to you being the custodial parent. If she continues to demonstrate that she is NOT reliable, yes, you should be able to get a child support order on status quo.

 

[father_of_2]

So am I understanding this correctly that there is NO child support order in place either through a court or CSEA?

Yes there is no child support order in place at this time. The original visitation order was joint legal and physical custody where each party would pay for expenses when the child was in their care. My attorney was initially asking for child support but I declined thinking that if we split the cost it would be more reasonable and she would actually follow the order. That lasted for all of 3 months and after that it was "I will pick him up Saturday or something" which was once a month if that. And I allowed her to do this until she got back on her feet. And imagine my shock when she decided to file a contempt charge on me because she couldnt get her life straight and I was sick of her sporadic visitation! Like I said she told the judge "My situation has changed and he is not being flexible with me." lol

So there was no child support in the first order and I didnt ask for any in this order hoping that her agreeing to pay for any daycare expenses I incur during her time would be enough. But like I said she has already missed today. Her schedule is Tueday @ 12 til Frday @ 6pm. She didnt even help pay when I asked her to help out before this new order that was made on yesterday so I really dont see her helping now even if it is ordered.

 

[father_of_2]

Here is where you have to keep a VERY detailed log. You now have the agreement to you being the custodial parent. If she continues to demonstrate that she is NOT reliable, yes, you should be able to get a child support order on status quo.

Yes indeedy. I have logged today and have asked the daycare to give me weekly printouts of his attendance for my records. She couldnt even pick him up yesterday because she had to work.. lol. Im like damn you are making an agreement as we speak saying you will do it and you can even pick him up today...wow. It just seems a hell of a lot easier to just put her on child support and call it a day.

 

[Bloopy]

The one thing that changed was if she does not pick him up from daycare on her scheduled day then each day he is at he daycare during her time she would have to pay me 30 dollars for each day payable the first friday after she is paid. She pretty much said she cant guarantee if she can pay when she gets paid if at all. She has already missed today.

Nice hassle to have dumped in your lap. Still, fair of the judge. Mom can come through or gather her own rope. You ARE counting on continuing on paying for childcare as you have been? You’re only going to be collecting evidence, rather than money.

Here is where you have to keep a VERY detailed log. You now have the agreement to you being the custodial parent. If she continues to demonstrate that she is NOT reliable, yes, you should be able to get a child support order on status quo.

Yep. What Ginny said

 

[Bloopy]

Yes indeedy. I have logged today and have asked the daycare to give me weekly printouts of his attendance for my records. She couldnt even pick him up yesterday because she had to work.. lol. Im like damn you are making an agreement as we speak saying you will do it and you can even pick him up today...wow. It just seems a hell of a lot easier to just put her on child support and call it a day.

Count on daycare exceeding Child Support when and if you get it. Since you are paying almost all of daycare, it would be an improvement.

 

[father_of_2]

Count on daycare exceeding Child Support when and if you get it. Since you are paying almost all of daycare, it would be an improvement.

yea i know. but if I get CS then at least I can get it right out of her check and I wont have to go through the hassle of going to court for contempt. I tried to tell her hey if you just agree to CS it would be way cheaper than half of daycare with what you make. She wasnt hearing it.