What are my chances?

[Ohiogal]

Since neither one of you are represented by an attorney, I agree that it would be an appropriate time to try to handle a contempt case on your own, even if it doesn't result in anything. You aren't at risk of having to pay his attorney fees, and you might get some results. No guarantees, but you might.

Or she might get sanctioned for a frivolous court case. Why? Because dad is NOT in contempt. He has paid. In addition if he qualifies for appointed counsel (yeah yeah, he is a doctor or something but that doesn't necessarily automatically equate with wealth) he will get an attorney because it is a contempt case. Did you read ANY of the links I posted?

 

[asil8170]

Mnemsyne is SO right! The "legal bickering" seems endless to me. I would SO LOVE to do anything other than this but when my ex fights EVERYTHING I ask for, it is necessary. My 2 oldest boys would not have been able to pay for college had I NOT taken my ex to court for post-secondary ed subsidy, which had ALREADY been court-ordered. My 3 oldest would not have been able to have orthodontic care had I NOT taken my ex to court to get him to pay his court-ordered portion of those bills. And on and on I could go.
My point is...if there is already a court order, our divorce decree, why does he get the right to fight EVERYTHING and I get BLASTED just for trying to get what the court has ALREADY ordered? I just don't get it. I get the idea that some people think that I'm doing this for grins and giggles or to "get back" at my ex. WRONG! Like I said, I would rather NOT have to continually take him to court but as long as he continues to ignore what a Judge has ordered "in the best interest of the children" I will keep fighting for my kids and myself.

 

[Ohiogal]

Mnemsyne is SO right! The "legal bickering" seems endless to me. I would SO LOVE to do anything other than this but when my ex fights EVERYTHING I ask for, it is necessary. My 2 oldest boys would not have been able to pay for college had I NOT taken my ex to court for post-secondary ed subsidy, which had ALREADY been court-ordered. My 3 oldest would not have been able to have orthodontic care had I NOT taken my ex to court to get him to pay his court-ordered portion of those bills. And on and on I could go.
My point is...if there is already a court order, our divorce decree, why does he get the right to fight EVERYTHING and I get BLASTED just for trying to get what the court has ALREADY ordered? I just don't get it. I get the idea that some people think that I'm doing this for grins and giggles or to "get back" at my ex. WRONG! Like I said, I would rather NOT have to continually take him to court but as long as he continues to ignore what a Judge has ordered "in the best interest of the children" I will keep fighting for my kids and myself.

Do whatever your little heart desires. LD and Sandy told you what you wanted to hear so go with it. I posted the law and rules and links and you have ignored them. That is fine. Continue on your way. Have fun.

 

[asil8170]

I like what is written at the end of OHIOGAL's posts..."Nothing stated by me should be taken as giving you legal advice..." I will be sure to heed that advice.

I would just like some clarification on one point. If the divorce decree stated that he has 30 days to pay but he paid it 60+ days after I sent him the bill, isn't he in contempt? Just because he paid it doesn't erase the fact that he did not follow the court order, does it? That would be like letting a criminal who has been sentenced to prison go on his merry way as long as he, AT SOME POINT, spends his time in jail.

 

[LdiJ]

I like what is written at the end of OHIOGAL's posts..."Nothing stated by me should be taken as giving you legal advice..." I will be sure to heed that advice.

I would just like some clarification on one point. If the divorce decree stated that he has 30 days to pay but he paid it 60+ days after I sent him the bill, isn't he in contempt? Just because he paid it doesn't erase the fact that he did not follow the court order, does it? That would be like letting a criminal who has been sentenced to prison go on his merry way as long as he, AT SOME POINT, spends his time in jail.

Yes and no. He was in contempt, but he cured his contempt by paying the bills. Most of the time a judge will not punish a party for contempt if they have cured their contempt. The exception to that is when its an ongoing problem or its not possible to cure the contempt. There is no guarantee that the court is going to punish your ex for anything because he has cured his contempt. However, at least it will have gone in front of the judge and will be so noted if you have to go back to court again.

Plus, since the court clerk told you this:

One new point...I called the Clerk of Court yesterday and asked if the case would be dismissed since he has now paid. She said "no."

That would be something you should explain to the judge if he/she seems annoyed at all by the fact that the case was not dismissed after he paid.

 

[Ohiogal]

Yes and no. He was in contempt, but he cured his contempt by paying the bills. Most of the time a judge will not punish a party for contempt if they have cured their contempt. The exception to that is when its an ongoing problem or its not possible to cure the contempt. There is no guarantee that the court is going to punish your ex for anything because he has cured his contempt. However, at least it will have gone in front of the judge and will be so noted if you have to go back to court again.

Plus, since the court clerk told you this:




That would be something you should explain to the judge if he/she seems annoyed at all by the fact that the case was not dismissed after he paid.

The case would never AUTOMATICALLY be dismissed because dad paid mom directly. It would be up to OP to dismiss it due to payment. That is something OP would know if she had ANY legal knowledge. Of course she doesn't want legal answers. She wants to be told that she is 100% correct in what she is doing. Which she is not. If she takes it in front of the judge it may also get noted that she brought a frivolous suit since he cured the issue before the hearing. It COULD backfire on her. But the ignorant one can proceed however she wants.

 

[Ohiogal]

I like what is written at the end of OHIOGAL's posts..."Nothing stated by me should be taken as giving you legal advice..." I will be sure to heed that advice.

I would just like some clarification on one point. If the divorce decree stated that he has 30 days to pay but he paid it 60+ days after I sent him the bill, isn't he in contempt? Just because he paid it doesn't erase the fact that he did not follow the court order, does it? That would be like letting a criminal who has been sentenced to prison go on his merry way as long as he, AT SOME POINT, spends his time in jail.

Again, do whatever your heart desires. Since you are ignorant with a great deal of stupidity, nothing anyone says to educate you regarding the law will actually sink in. The law was posted if you went to the links. But continue in your black hole of moronic idiocy.

 

[asil8170]

I did read the "laws" and "rules" that were provided by Ohiogal...most of them long before she posted. My problem is that I'm interpretting them a bit differently than she is. And isn't that what this wole thing boils down to...how one person, THE JUDGE, interprets the law, the divorce decree and the whole situation?

 

[stealth2]

I did read the "laws" and "rules" that were provided by Ohiogal...most of them long before she posted. My problem is that I'm interpretting them a bit differently than she is. And isn't that what this wole thing boils down to...how one person, THE JUDGE, interprets the law, the divorce decree and the whole situation?

Dunno... If *I* were in your shoes, I would be more likely to accept a *lawyer's* interpretation than my own. But hey - whatever floats your boat...

 

[asil8170]

Dunno... If *I* were in your shoes, I would be more likely to accept a *lawyer's* interpretation than my own. But hey - whatever floats your boat...

Can't afford one, or I wouldn't be here. Have been to court many times and it amazes me how often "lawyers" interpret laws differently.

 

[stealth2]

Can't afford one, or I wouldn't be here. Have been to court many times and it amazes me how often "lawyers" interpret laws differently.

Uuuuhhh... You got FREE ADVICE from one here. The one whose "opinion" you snarked about. Might want to rethink things and say thank you to the lawyer who gave you her time for free, dearie.

 

[Bgood2me]

It's a full moon tonight and the fangs are showing Ohio GAL.

I feel that the "Legal Advice" on this thread was an "over kill".

Seniors continue to run the general public off this forum.

There is a sickness and pattern here.

Control freaks, there is no reason to become aggressive if someone else does not share your point of view. I have witnessed woman being called uteruses and worst. This forum is out of control. Ohio GAL, I once had respect for you but my God you can get UGLY sometimes. I believe you have no integrity and you must come to this forum to get some kind of sick pleasure from it. Disgusting. Is the people that you work for aware of your extra curricular activities? I think your replies should be investigated and a complaint filed with the bar!

I have also witnessed overkill in the replies just to get that one more point for posts made. A lot of these replies are almost an exact repeat of what was stated in the previous one. Members are just so concerned about getting that one extra point for a post.

Sometimes this forum just makes me sick.

 

[Proserpina]

It's a full moon tonight and the fangs are showing Ohio GAL.

I feel that the "Legal Advice" on this thread was an "over kill".

Seniors continue to run the general public off this forum.

There is a sickness and pattern here.

Control freaks, there is no reason to become aggressive if someone else does not share your point of view. I have witnessed woman being called uteruses and worst. This forum is out of control. Ohio GAL, I once had respect for you but my God you can get UGLY sometimes. I believe you have no integrity and you must come to this forum to get some kind of sick pleasure from it. Disgusting. Is the people that you work for aware of your extra curricular activities? I think your replies should be investigated and a complaint filed with the bar!

I have also witnessed overkill in the replies just to get that one more point for posts made. A lot of these replies are almost an exact repeat of what was stated in the previous one. Members are just so concerned about getting that one extra point for a post.

Sometimes this forum just makes me sick.

Is somebody holding a gun to your head forcing you to read? Didn't think so.

(The "points" remark? Hysterical! Truly!)

 

[stealth2]

It's a full moon tonight and the fangs are showing Ohio GAL.

I feel that the "Legal Advice" on this thread was an "over kill".

Seniors continue to run the general public off this forum.

There is a sickness and pattern here.

Control freaks, there is no reason to become aggressive if someone else does not share your point of view. I have witnessed woman being called uteruses and worst. This forum is out of control. Ohio GAL, I once had respect for you but my God you can get UGLY sometimes. I believe you have no integrity and you must come to this forum to get some kind of sick pleasure from it. Disgusting. Is the people that you work for aware of your extra curricular activities? I think your replies should be investigated and a complaint filed with the bar!

I have also witnessed overkill in the replies just to get that one more point for posts made. A lot of these replies are almost an exact repeat of what was stated in the previous one. Members are just so concerned about getting that one extra point for a post.

Sometimes this forum just makes me sick.

Apparently not enough to keep you from reading/posting. Can any one else spell "hypocrite"?

LOL But OP's h/x shows just how *nice s/he is.... *spit*

https://forum.freeadvice.com/search.php?searchid=406743

 

[asil8170]

Thank her???????????????? HA! for calling me stupid and an idiot? Yeah, like that's gonna happen.

I would like to thank those who have given advice freely and with one purpose in mind...helping others. For those of you that hide behind this forum and use it for a power trip, to tear others down just to make yourself feel "bigger and better" than those of us who come here for help, I will say one thing. I feel sorry for you.

Just one last update. It looks like my ex will not be attending the hearing. I received his "famous" one-line letter yesterday informing me that he will NOT be taking his parenting time next Tues, the weekend after that and Tues Oct 9th (hearing date.) He's going on vacation AGAIN! With this missed visitation, he's now missed 31% of his parenting time this year...once again in TOTAL disregard for our divorce decree.