How long before I file contempt

[Content]

Let me ask you this, you said your primary parenting time is phone contact with your children how often do you actually SEE your kids?

 

[crayiii]

One weekend each month
Every "long weekend" each month
1/2 spring break
5 weeks of summer
1/2 winter break
Thanksgiving

That is a huge reduction to what I had before the divorce (duh!). The thing is, I have always been a VERY involved father.

 

[LdiJ]

That is pretty much what I am planning to do. But...Don't missunderstand me about going toe-to-toe, I was so scared that I about puked before going in. I do a lot of public speaking so I just imagined that was what the whole thing was about.

I believe her attorney underestimated my willingness to learn the law and no matter how good he is, I am much more familiar with the specifics of MY case. He got me on a couple minor procedural issues at the beginning but I learned my lesson and fixed the mistakes.

I spent at a minimum 20 hours a week and sometimes 40+ over the last 6-months studying and preparing.

My ex is very up front about not following the order and in some cases flaunts it in email, voicemail, and in court. It's not that I'm good at the legal side of it, she just makes it easy for me.

What I am afraid of is going to court every couple of months with only 5 or 6 refused phone calls and pissing off the judge for being petty.

So, you are saying that out of 3 calls a week, you miss 5 or 6 every couple of months?...less than once a week? That could possibly come across as petty if mom's attorney puts a good spin on things. Is there anything else that she is in contempt of? Does she deny any of the visits or anything?

I am not sure that I would take that to court by itself....or at least not as often as every couple of months.

 

[Content]

One weekend each month
Every "long weekend" each month
1/2 spring break
5 weeks of summer
1/2 winter break
Thanksgiving

That is a huge reduction to what I had before the divorce (duh!). The thing is, I have always been a VERY involved father.

So obviously if this is all you have your phone time is VERY important and is one of the biggest ways you are able to maintain a steady and close relationship with them. You need to make sure when you do contempt that you make it clear you are not trying to punish mom you just want time and contact with your children. You are already limited in physical contact because of the distance but you do not want your phone contact limited the way it is.

 

[Content]

So, you are saying that out of 3 calls a week, you miss 5 or 6 every couple of months?...less than once a week? That could possibly come across as petty if mom's attorney puts a good spin on things. Is there anything else that she is in contempt of? Does she deny any of the visits or anything?

I am not sure that I would take that to court by itself....or at least not as often as every couple of months.

This is still approximately 25% of the time, which is unacceptable if mom denied physical contact 25% of the time it would be unacceptable and more than fair to file contempt so why is phone contact so different?

 

[crayiii]

It's 1 sometimes 2 each week that she misses. Also, in our decree it states that I filed BK on all the liabilities and that she does not object to the BK petition. She has now told me that she is writting a letter to the trustee to dispute my estimated future expenses (I'm waiting for discharge) Our decree also specifically does not have a "Hold Harmless" clause because of the BK.

 

[Content]

It's 1 sometimes 2 each week that she misses. Also, in our decree it states that I filed BK on all the liabilities and that she does not object to the BK petition. She has now told me that she is writting a letter to the trustee to dispute my estimated future expenses (I'm waiting for discharge) Our decree also specifically does not have a "Hold Harmless" clause because of the BK.

Then be sure to supply the trustee with a copy of the decree mentioning that she is not to object to the bankruptcy. If you are the one filing, I don't understand why she would be allowed to have any say at all. IF she does object then you need to file contempt with the court the divorce came from because that's who will have to enforce that particular order.

 

[LdiJ]

Then be sure to supply the trustee with a copy of the decree mentioning that she is not to object to the bankruptcy. If you are the one filing, I don't understand why she would be allowed to have any say at all. IF she does object then you need to file contempt with the court the divorce came from because that's who will have to enforce that particular order.

If he listed her as a creditor she has every right to intervene.

 

[Content]

If he listed her as a creditor she has every right to intervene.

Not if she has a court order specifically barring her from doing such.

 

[crayiii]

She is not listed as a creditor.

 

[Content]

She is not listed as a creditor.

Then why is she involved in the bankruptcy??

 

[crayiii]

Revenge. She is trying to cause problems. She got a copy of the filing from her attorney. The first thing she did was send an email saying "you only pay $1145 in child support not $1200, I'm telling."

 

[LdiJ]

Not if she has a court order specifically barring her from doing such.

Since she is not listed as a creditor the issue is moot...but I thought I would explain it anyway. Yes, she didn't object to the bankruptcy as his spouse/former spouse in the divorce case. However, if he had listed her as a creditor that would have made her part of the case as a creditor, not as his spouse/former spouse. Its a separate legal status. Therefore yes, she would have had the right to intervene.

 

[Content]

Revenge. She is trying to cause problems. She got a copy of the filing from her attorney. The first thing she did was send an email saying "you only pay $1145 in child support not $1200, I'm telling."

I don't think $65 dollars is going to get you in huge trouble, but if you have a lot of mistakes like that on your paperwork then it could cause you some problems. Have you carefully reviewed the paperwork?

 

[crayiii]

Yes, even the CS amount will be right. At the time of filing I only had draft papers from DHS on the amount.

As I have been living on top roman for a while and not spending any money on anything, my expenses are estimates for the most part. For example, food, electricity, heat, etc. are estimates that my attorney and I went over.