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norm9838

Member
How many contempt counts do you think it would take for a judge to take notice all in one sitting?

First count and initial reason for going to court, refusal of Thanksgiving visitation.

Second count, she claimed our daughter on her and her hubbies taxes and then told me it was a mistake on the tax preparer's part. So I said file an amended return and sign off on the exemption so I can refile mine online because mine were rejected, she refused, the same as admitting her guilt and then told me they already got their money because they got a loan advance as she refused.

I lost my money when I efiled plus I would of got my money back by the 12 of this month. Now I have to probably wait 6 weeks since I had to send my taxes in with a copy of our court orders. I think she aught to pay me interest for having to wait. I could of filed them the third week in January before she got her W-2 but I figured whats the rush? Never again.


Third Count, she told the child support office that I did not have summer visitation with my daughter last summer for six weeks or any weeks at all and said that I do not have summer visitation. So consequently they will not give me my credit for half the amount for six weeks. Seems strange I have my daughter from the 1st through the 15 of June, July and August every year and every year before she signed the papers.

My fiancee told me after I waited for the court to set the hearing date that maybe there was a reason why it seemed to be taking a while for them to get to it and that was just for the first count. Then when she did the second thing, she said you know my mom always said things come in threes. Now this.
The next thing might be a letter I am waiting to get in the mail from law enforcement telling me that her husband in the past has been charged with domestic violence and that is why he can not have his own child unless its supervised , which if that does happen it will just speed up my case for custody.

You know some people think their cute when they constantly hurt people because of their own selfishness but things have a way of righting themselves and I hope in my case that the judge will realize that my ex is a nut and just wants to keep my child from me. She has taught my daughter to do nothing but lie as long as it gets you what you want. Well just once I hope her lies get the better of her.

What do you think do you think the judge will see a pattern here. Then too do you think that if he does think its a pattern that he might determine that my daughter might be better served by living with a parent who want to bring her up right. Not to hurt and lie and cheat to get where you want to be in life.
 


stepmom123

Junior Member
A lot.....

I will tell you that for us it has been three years and the ex has yet to be charged with contempt. We are in court every month for things the ex is CO to do and fails to comply. Every time she is given a slap on the wirst and told not to do it again and the following month we are dealing with the same issue.

In our case there have been several major issues including my husband being stabbed eight times (ex only recieved probation), the child reporting being beat on various different occasions, failure to pay child support (and being placed on probation for it), charged with DUI (again only probation), are we seeing a pattern!!! All of the terms of all the probation included not commit another offense and yet they were al overlapping at some point. There have also been lots and I could never list them all of more minor problems (meaning no criminal charges could be filed), including not showing up for visits (which is a pain we have to drive 30 miles one way), not feeding the child when she does have him, traveling out of state, violating PO's, removing the child from school, driving without a license, and many many more.

So as you can see nothing is ever a sure fire way that a judge will charge someone with contempt. The best you can do is hope for is to document everything, and hope that the CO is tightened everytime you go back. At some point, hopefully, enough will be enough and you will need to have it documented. But from our experience it will NOT be quickly. Each time we go they put more wording in the CO to tighten her boundaries. For example it took a year to get the CO changed from waiting fortyfive minutes past exchange time to 15 minutes. And now because of noshows she is required to obtain a document from the sheriff post (where the exchanges are) saying she was there and at what time she left.

This may not seem like much but each time something is broken it shows the judge that YOU are trying to do what is ordered and the other person is not.

My advice to you is be paitent and document everything, I doubt you will get custody based on a few problems with the mother this soon. But you never can tell for sure**************.a lot depends on your judge.
 
B

betterthanher

Guest
norm9838 said:
How many contempt counts do you think it would take for a judge to take notice all in one sitting?

First count and initial reason for going to court, refusal of Thanksgiving visitation.

Second count, she claimed our daughter on her and her hubbies taxes and then told me it was a mistake on the tax preparer's part. So I said file an amended return and sign off on the exemption so I can refile mine online because mine were rejected, she refused, the same as admitting her guilt and then told me they already got their money because they got a loan advance as she refused.

I lost my money when I efiled plus I would of got my money back by the 12 of this month. Now I have to probably wait 6 weeks since I had to send my taxes in with a copy of our court orders. I think she aught to pay me interest for having to wait. I could of filed them the third week in January before she got her W-2 but I figured whats the rush? Never again.
So, you essentially let her screw you out of the tax credit or no? If you officially signed off on it via a tax form, then you have no recourse as that IS what the IRS will go by, over language in a court order. You don't have any recourse in court, although you should hold onto this as you can show a "history" of her actions and behavior down the road.

Third Count, she told the child support office that I did not have summer visitation with my daughter last summer for six weeks or any weeks at all and said that I do not have summer visitation. So consequently they will not give me my credit for half the amount for six weeks. Seems strange I have my daughter from the 1st through the 15 of June, July and August every year and every year before she signed the papers.
You should write a letter and/or appeal that to CSEA. Did your ex show any proof of her claim? If not, then you need to address that to CSEA that they merely went on her word, which is irresponsible and biased, since you are the obligor, you need to prove everything. "Request" FIRMLY that they are to give you credit for the summer as the Obligee (your ex) failed to prove her claim. You also need to tell them that you don't need to prove your cause as you have the court order with language that specifies your summer visitation sked. Be firm with these jackasses.

My fiancee told me after I waited for the court to set the hearing date that maybe there was a reason why it seemed to be taking a while for them to get to it and that was just for the first count. Then when she did the second thing, she said you know my mom always said things come in threes. Now this.
Depending on the backlog, it could take some time. Don't expect much if this is her first visitation contempt. You should also request additional time at another holiday as a "makegood" for Thanksgiving (i.e., the ex forfeits one of her Thanksgivings).

The next thing might be a letter I am waiting to get in the mail from law enforcement telling me that her husband in the past has been charged with domestic violence and that is why he can not have his own child unless its supervised , which if that does happen it will just speed up my case for custody.
There are alot of factors that would have to come into play for this.

You know some people think their cute when they constantly hurt people because of their own selfishness but things have a way of righting themselves and I hope in my case that the judge will realize that my ex is a nut and just wants to keep my child from me. She has taught my daughter to do nothing but lie as long as it gets you what you want. Well just once I hope her lies get the better of her.

What do you think do you think the judge will see a pattern here. Then too do you think that if he does think its a pattern that he might determine that my daughter might be better served by living with a parent who want to bring her up right. Not to hurt and lie and cheat to get where you want to be in life.
The judge will see a pattern over time if the ex's behavior and actions are detrimental to your relationship with the child. This could take some time. Don't worry about stuff like taxes to use against her. The Judge isn't interested in that. At least right now.
 

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