continuous contempt charges

[almost]

What is the name of your state? TN

My ex-husband is constantly filing contempt of court charges against me. They are always lies and when his attorney finds that I have proof that they are lies, they typically just "forget" the filing and leave them floating in the court system. I've heard the judge, while thinking through his decisions, stating some of the things in these forgotten filings as fact. But they aren't fact, and I can prove it.

1. What do I do to be sure the judge has in his file something showing these aren't fact.

2. Can I do anything to get the ex to stop filing false contempt charges. He has three pending now, and all will be easily proven to be lies. I need this judge to see how badly I'm being harrassed, and worse yet, how the kids and I are being constantly dragged into some kind of legal and expensive drama. The ex is trying to get custody of our children (eight and eleven), so that he won't have to pay child support.

 

[almost]

Urgent

Please reply with advice. I must do something soon, and I'm now preparing answers to the last three contempt accusations and would like to include something here about this obvious harrassment.

 

[efcoco1]

In short...what are the allegations?

 

[LdiJ]

Please reply with advice. I must do something soon, and I'm now preparing answers to the last three contempt accusations and would like to include something here about this obvious harrassment.

I honestly think that you should probably get yourself an attorney. I am sure that there is a method of some sort available in your state to force them to either bring the contempt accusations to a hearing or to dismiss them. However if you are representing yourself his attorney is probably taking advantage of you to leave them open and "pending".

 

[almost]

What are the allegations?

The latest one has three counts on it. The first says that I denied him visitation with the kids, and that per a court order dated April 24, 2003, I am in contempt of court. That order, however expired May the 17th 2004. The kids were, by the way, withheld from him, because he was restrained from us temporarily, and he has physically harmed the kids in the past.

The second basically says that I am an unfit mother, and have been doing all sorts of horrendous things to the kids. Easily proven with testimony from the kids. I know that I'm a great mom, and will have neighbors, teachers, friends from church, and a principal to back that up. There's no proving this. He is accusing me of the things he does.

The third is even more ludicrous because it is so easily proven false. He says he has paid all marital debt since I filed for the divorce March 1st, 2003. Three things are important here. 1. He agreed to pay all marital debt during mediation, well-documented. 2. I wasn't even working during the time and wasn't paying marital debt even when we were living in the same house. 3. He hasn't been paying the marital debt, and I have got printed payment histories and letters from the debtors. He has let most debts go to collections and the others have gotten bigger than they were when first acquired. I don't understand how I can be in contempt here anyway.

The other crazy thing is that I have had the kids all the while, have had no child support or financial assistance of any kind. He is in sales and travels for a living, so he doesn't pay for food, car, car insurance, gas, his phone, or insurance on the kids. He makes good money, but really has no living expenses. Who knows where it goes.

I don't know why his attorney keeps filing craziness like this. I do have an attorney. I am writing up my answer to give him. I am trying though to leave no thought unturned, as I figure the more time I spend investigating and writing my answer well, the less time it will take him to do his part, and hopefully the less money I'll spend paying him.

 

[misslawli]

Ok, this is more like thinking out loud, because I'm not real sure (someone else should be right along to answer this), Could you ask that he pay your legal fees? It wouldn't hurt to ask.

 

[almost]

Thanks for trying. The gist is that they keep filing contenmpt of court charges when there is no basis. They are always proven false, but they're costing mula and stress. Which, of course is part of the purpose.

 

[LdiJ]

Thanks for trying. The gist is that they keep filing contenmpt of court charges when there is no basis. They are always proven false, but they're costing mula and stress. Which, of course is part of the purpose.

Which is why your attorney should be asking the judge to order him to pay your legal fees. That is one way to help stop the bogus filings.

 

[legalcuriosity]

What is the name of your state? TN

My ex-husband is constantly filing contempt of court charges against me. They are always lies and when his attorney finds that I have proof that they are lies, they typically just "forget" the filing and leave them floating in the court system. I've heard the judge, while thinking through his decisions, stating some of the things in these forgotten filings as fact. But they aren't fact, and I can prove it.

1. What do I do to be sure the judge has in his file something showing these aren't fact.

2. Can I do anything to get the ex to stop filing false contempt charges. He has three pending now, and all will be easily proven to be lies. I need this judge to see how badly I'm being harrassed, and worse yet, how the kids and I are being constantly dragged into some kind of legal and expensive drama. The ex is trying to get custody of our children (eight and eleven), so that he won't have to pay child support.

Are you responding to these? You should be doing that once you are served with the paperwork. I believe you might only have a specific period of time to respond to them (that varies per state). You don't want to wait until the date of the hearing before you start addressing these.

In your response, you should ask that the Judge dismiss the charges and award your reimbursement of fees (don't be afraid to ask for back fees since he's been unsuccessful proving his case). If you respond to them, it's quite possible that the Judge will dismiss it before it even goes to court if the Judge sees the claims are unfounded. After a few, you could certainly ask for additional damages (look into whether your state has any laws on the books about filing frivilous suits).

Whatever you do, you can't sit back and not address these.

 

[almost]

Thank you. Point well-taken. I am on it right now. By saying:

"Whatever you do, you can't sit back and not address these."

Do you mean that this may be why the judge seems to be taking some of this as fact. Well, logically if the judge is only seeing one side of things, I can see where that might be the case.

But don't these motions expire without being closed out after some period of time?

I will certainly ask for attorneys fees in my answer.

 

[legalcuriosity]

Do you mean that this may be why the judge seems to be taking some of this as fact. Well, logically if the judge is only seeing one side of things, I can see where that might be the case.

That very well be the case. After all, you're the one being accused, so you need to respond to them ASAP. If you have a chance to have them tossed before the hearing date, the better.

You should ask your lawyer about this (wait...why isn't your lawyer being proactive about this in the first place??)

 

[almost]

Tis a lovely question! I didn't know there was such a thing as a "proactive attorney". I've had very bad luck, or not enough money one.

Believe it or not, my first attorney went looney tunes (the ex always said I could drive anyone crazy). You might have even seen him on the news. He decided he was Jesus Christ and proceeded to tell people, like the police and news casters. He is on serious drugs and alcohol and was suspended from practice the last I heard. I did send a complaint to the board on him, as did many other people. I know that because a secretary at the board accidentally sent me that attorneys response to another complaint... It was really quite funny to read his response to mine and his response to the other also.

That attorney let a million things go that I believe are now making me look bad. I'm afraid the judge has some bias, because of things that I have been accused of with no defense. I am also concerned that the judge believes that I was a personal friend to that attorney and that doesn't put me in a good light. The old attorney, very obviously now, and apparently quite well known has your basic brothel in his home, bartering ya know. I had never seen the guy before the day I walked into his office. This has been a fun divorce.

My new attorney can really handle himself in court, something the last couldn't do, but he isn't motivated to get anything done quickly. He seems to be out of town two to three days a week, which is one reason why I'm writing the answer to the last filing myself. I need to check on that filing time for Tennessee.

 

[SingleMom67]

Here we gooooooooooo..............

My new attorney can really handle himself in court, something the last couldn't do, but he isn't motivated to get anything done quickly. He seems to be out of town two to three days a week, which is one reason why I'm writing the answer to the last filing myself. I need to check on that filing time for Tennessee.

If, in fact, you have an attorney, (1) why would you pick one that's only in the office 2 days a week; (2) why would you be drafting your own answer; and (3) why would you need to verify filing time(s)? Something doesn't sound right here.

 

[oppsworld]

I had the same issue with my ex. He kept filling contept charges on me saying that I wouldn't let him have his visitation. Well he is the one that wasn't showing up. When we went to court I provided a note book that I had been keeping, it contains every visit with a note weather or not he showed up, when he wasn't making the car payment and when they were calling me as well as the paperwork attached to the pages, everytime he called to talk to the kids (which was never, couldn't even call them on their birthdays), and everything else. So I guess my 2 cents is from this point on keep track of everything, in writing!! I know how you feel, good luck