Family Law Child Support/Contempt, His Ex Didn’t Allow Visitation For 5 Years but my fiance is in contempt?
Posted February 15th, 2010 by admin 6 Comments »
maggieeld asked:
((Please forgive the misspellings, as my keyboard is broken; letters missing from some words.))
My fiance received a Show cause for contempt for child support. (See previous question.) In short, his ex had the advantage of an atty., he didn’t. He was ordered to pay about 25% more child support than he should have been, he has been consistant but has not been able to send full amount and thus received a Show Cause for $8,500 in arrears (pmt. is $540/mo.) I just found out that FOR THE PST 5 YEARS (ever since the divorce, he oly saw them 4 times in the 1st 2 months then never again) his ex REFUSED to allow him contact via phone or the reasonable visitation which was ordered. At the time of the divorce, one son was age 2 & the other, age 3. That said, he missed ALL of his 2nd son’s “firsts.” She REFUSED to allow them to speak with him even though he would call to speak with them. he said he could her them asking if it was Daddy and she would say terrible things about him infront of them while yelling at him over the phone and refuse to allow the kids to speak with them. I know that they are both in contempt, but does my fiance have any recourse? In FL, I’ve seen cases in which one parent refused visitation or contact and the non-residential parent received partial or full custody. He wants to see his children. He just mentioned this, he said that he actually had not been able to speak with them at all. She refused to give him any info. about them, he had to call the schools and doctors to get their copies or report cards every year, etc. Then about 2 years into the divorce, she stopped answering the phone all together and no messages were ever returned. SO, HE HAS NOT BEEN ALLOWED BY HIS EX TO TALK WITH HIS SONS SINCE AGE 2 & 3, THIS WAS 5 YEARS AGO. He only got to drive up once every 2 weeks to pick them up for a day, on 4 (four) occasions. No contact allowed, thereafter. WHAT ARE THE CHANCES THAT THE JUDGE WILL ALLOW HIM SHARED OR SOLE PARENTAL RESPONSIBILITY & RESIDENTIAL RESPONSIBILITY?
Also: I realize that the Show Cause for Contempt is a seperte issue. He is able to show his efforts in contacting both the state and the county, trying to contct and discuss this with his ex to no vail and his sending in the request for modifications, for which NO date was ever set for a hearing. He thinks this happened becuse his ex is friends with the Clerk of Court; he tried EVERYHTING to get this adjsted, modified and resolved. This is his first contempt, happened after becomming unemployed (he did report the unemployment) this is his 2nd time being in arrears, but before, it was about 4 yers ago and it was only by 2 payments because he had changed jobs and had to wait on his first check and he got 100% caught up that time within a few pmts. to current. However, since the unemployment, he is now back in arrears the amount mentioned, above.
ALSO: I need the name of a very good yet inexpensive (is this possible!?) family law atty. whom is licensed in SC. Thanks in advnce!
I apologize in advance that my “a” key on the keyboard is fried, as are a few others. Please forgive misspellings due to missing letters. I am very, very serious about helping my fiance see his children. Because he is $8,500 in arrears, is there a chance that the judge in that “good ‘ole boy town” will demand the entire amount immediately? per my previous post, we just do not have that kind of money. He wants the modification he’s been trying to file for but no date is ever set & he is serious about paying, obviuosly he did consistantly up to now and was current until he became unenployed. We are BOTH scared to death. He doesnt want to have to go to jail for something he TRIED to fix, pro se. He wants a payment arrangement.
**HE DID TRY TO GET THE AMOUNT MODIFIED. HE REQUESTED THE PAPERWORK, FILLED IT OUT, SENT IT IN AND WAITED…NO DATE WAS EVER SET BECAUSE APPARENTLY IT WAS “LOST,” AS HIS EX IS FRIENDS WITH THE CLERK OF COURT. HE TRIED THIS TWO TIMES, WE FILED FOR A MODIFICATION FOR BOTH THE VISITATION & THE CHANGE IN SUPPORT AMOUNT DUE TO CHANGE IN CURCUMSTANCES, HOWEVER NO DATE WAS EVER SET. HE DOES HAVE RECORDS OF HIS EFFORTS IN CONTACTING BOTH THE STATE & COUNTY. RECORDS OF THE PAPERWORK RECEIVED, FILLED OUT & MAILED. JUST THAT THEY NEVER FILED IT BECAUSE HIS EX HAD A HAND IN IT BECAUSE SHE IS FRIENDS WITH THE CLERK OF COURT FOR THE COUNTY…
*****I AGREE that it is about the kids…it’s bout the fact that the ex ALIENATED THE FATHER FROM WORD GO WHEN THEY DIVORCED & HAD REFUSED CONTACT EVER SINCE. It’s also about the fact that she planned this with maliace aforethought. He has RECORDINGS of her yelling her plan to him…since he was basically just a kid with no family or friends when this was happening & was without the advantage of an atty., I think that the kids should have been able to see their dad and you can BET that she will use this and cause further damage to the childen & their relationship with their father. This man literally “adopted” my child & has been amazing for her. I have heard his ex, she is quite vindictive. HE NEVER STOPPED PAYING SUPPORT! HE PAID WHAT HE COULD ALL WHILE TRYING FOR A MODIFICATION FOR THE PAST 5 YEARS, he DID MOTION, but BECAUSE HIS EX IS FRIENDS WITH THE CLERK OF COURT, that friend never files them. We have proof…now we just have to show it, I guess.
My fiance lives in FL, the divorce was in SC, where his ex still lives with the 2 children.
YES he always paid through the court so there is record of that. He also hs a hand-written record as well as the State & County duplicate record of all the calls that he made to both agencies, state & county, regarding this matter. There are 2 requests for modification from the state but the papers never made it to the county. He did send them.
((Please forgive the misspellings, as my keyboard is broken; letters missing from some words.))
My fiance received a Show cause for contempt for child support. (See previous question.) In short, his ex had the advantage of an atty., he didn’t. He was ordered to pay about 25% more child support than he should have been, he has been consistant but has not been able to send full amount and thus received a Show Cause for $8,500 in arrears (pmt. is $540/mo.) I just found out that FOR THE PST 5 YEARS (ever since the divorce, he oly saw them 4 times in the 1st 2 months then never again) his ex REFUSED to allow him contact via phone or the reasonable visitation which was ordered. At the time of the divorce, one son was age 2 & the other, age 3. That said, he missed ALL of his 2nd son’s “firsts.” She REFUSED to allow them to speak with him even though he would call to speak with them. he said he could her them asking if it was Daddy and she would say terrible things about him infront of them while yelling at him over the phone and refuse to allow the kids to speak with them. I know that they are both in contempt, but does my fiance have any recourse? In FL, I’ve seen cases in which one parent refused visitation or contact and the non-residential parent received partial or full custody. He wants to see his children. He just mentioned this, he said that he actually had not been able to speak with them at all. She refused to give him any info. about them, he had to call the schools and doctors to get their copies or report cards every year, etc. Then about 2 years into the divorce, she stopped answering the phone all together and no messages were ever returned. SO, HE HAS NOT BEEN ALLOWED BY HIS EX TO TALK WITH HIS SONS SINCE AGE 2 & 3, THIS WAS 5 YEARS AGO. He only got to drive up once every 2 weeks to pick them up for a day, on 4 (four) occasions. No contact allowed, thereafter. WHAT ARE THE CHANCES THAT THE JUDGE WILL ALLOW HIM SHARED OR SOLE PARENTAL RESPONSIBILITY & RESIDENTIAL RESPONSIBILITY?
Also: I realize that the Show Cause for Contempt is a seperte issue. He is able to show his efforts in contacting both the state and the county, trying to contct and discuss this with his ex to no vail and his sending in the request for modifications, for which NO date was ever set for a hearing. He thinks this happened becuse his ex is friends with the Clerk of Court; he tried EVERYHTING to get this adjsted, modified and resolved. This is his first contempt, happened after becomming unemployed (he did report the unemployment) this is his 2nd time being in arrears, but before, it was about 4 yers ago and it was only by 2 payments because he had changed jobs and had to wait on his first check and he got 100% caught up that time within a few pmts. to current. However, since the unemployment, he is now back in arrears the amount mentioned, above.
ALSO: I need the name of a very good yet inexpensive (is this possible!?) family law atty. whom is licensed in SC. Thanks in advnce!
I apologize in advance that my “a” key on the keyboard is fried, as are a few others. Please forgive misspellings due to missing letters. I am very, very serious about helping my fiance see his children. Because he is $8,500 in arrears, is there a chance that the judge in that “good ‘ole boy town” will demand the entire amount immediately? per my previous post, we just do not have that kind of money. He wants the modification he’s been trying to file for but no date is ever set & he is serious about paying, obviuosly he did consistantly up to now and was current until he became unenployed. We are BOTH scared to death. He doesnt want to have to go to jail for something he TRIED to fix, pro se. He wants a payment arrangement.
**HE DID TRY TO GET THE AMOUNT MODIFIED. HE REQUESTED THE PAPERWORK, FILLED IT OUT, SENT IT IN AND WAITED…NO DATE WAS EVER SET BECAUSE APPARENTLY IT WAS “LOST,” AS HIS EX IS FRIENDS WITH THE CLERK OF COURT. HE TRIED THIS TWO TIMES, WE FILED FOR A MODIFICATION FOR BOTH THE VISITATION & THE CHANGE IN SUPPORT AMOUNT DUE TO CHANGE IN CURCUMSTANCES, HOWEVER NO DATE WAS EVER SET. HE DOES HAVE RECORDS OF HIS EFFORTS IN CONTACTING BOTH THE STATE & COUNTY. RECORDS OF THE PAPERWORK RECEIVED, FILLED OUT & MAILED. JUST THAT THEY NEVER FILED IT BECAUSE HIS EX HAD A HAND IN IT BECAUSE SHE IS FRIENDS WITH THE CLERK OF COURT FOR THE COUNTY…
*****I AGREE that it is about the kids…it’s bout the fact that the ex ALIENATED THE FATHER FROM WORD GO WHEN THEY DIVORCED & HAD REFUSED CONTACT EVER SINCE. It’s also about the fact that she planned this with maliace aforethought. He has RECORDINGS of her yelling her plan to him…since he was basically just a kid with no family or friends when this was happening & was without the advantage of an atty., I think that the kids should have been able to see their dad and you can BET that she will use this and cause further damage to the childen & their relationship with their father. This man literally “adopted” my child & has been amazing for her. I have heard his ex, she is quite vindictive. HE NEVER STOPPED PAYING SUPPORT! HE PAID WHAT HE COULD ALL WHILE TRYING FOR A MODIFICATION FOR THE PAST 5 YEARS, he DID MOTION, but BECAUSE HIS EX IS FRIENDS WITH THE CLERK OF COURT, that friend never files them. We have proof…now we just have to show it, I guess.
My fiance lives in FL, the divorce was in SC, where his ex still lives with the 2 children.
YES he always paid through the court so there is record of that. He also hs a hand-written record as well as the State & County duplicate record of all the calls that he made to both agencies, state & county, regarding this matter. There are 2 requests for modification from the state but the papers never made it to the county. He did send them.
