Motion to Amend-re: in school & Contempt Q?

[cocobunny]

What is the name of your state? Alabama

NCP took me to court in June '06 to revise our decree. The judge increased his CS from $328 to $733. Judge also ordered him to pay a lump sum (which included arrearage and health insurance). Totaling about 8k.

NCP has now filed a motion to alter, amend or vacate; wanting the CS decreased (he has made only one payment since the judge made her ruling in June). His claim is that he is in school "again" to get his masters, as a B.A. will only allow him to make $8hr. He says he is a full time student, and takes a full class load, so he is unable to get a job.

Do judges take these kinds of circumstances into account? I hate having to go back to court since we were just there, and I have no more money to give my attorney. Second question: Could I file a contempt charge for non payment? And could I stipulate that I want him to pay my attorneys fees if he were to be found in contempt?What is the name of your state?

 

[LdiJ]

What is the name of your state? Alabama

NCP took me to court in June '06 to revise our decree. The judge increased his CS from $328 to $733. Judge also ordered him to pay a lump sum (which included arrearage and health insurance). Totaling about 8k.

NCP has now filed a motion to alter, amend or vacate; wanting the CS decreased (he has made only one payment since the judge made her ruling in June). His claim is that he is in school "again" to get his masters, as a B.A. will only allow him to make $8hr. He says he is a full time student, and takes a full class load, so he is unable to get a job.

Do judges take these kinds of circumstances into account? I hate having to go back to court since we were just there, and I have no more money to give my attorney. Second question: Could I file a contempt charge for non payment? And could I stipulate that I want him to pay my attorneys fees if he were to be found in contempt?What is the name of your state?

You aren't going to be able to avoid going to court, but you can be pretty sure that the judge is NOT going to be nice to him.

You need to counter petition for contempt for his non-payment.

 

[Ohiogal]

By law in Ohio, if your ex is found guilty of contempt, he should be ordered to pay your attorney fees. HOWEVER, an attorney is NOT going to take your case based on that. And since it has only been MONTHS since he was last in court, the judge is most likely NOT going to allow him to modify child support as going to school is seen as a voluntary unemployment. In what did he receive his BA?

 

[cocobunny]

By law in Ohio, if your ex is found guilty of contempt, he should be ordered to pay your attorney fees. HOWEVER, an attorney is NOT going to take your case based on that. And since it has only been MONTHS since he was last in court, the judge is most likely NOT going to allow him to modify child support as going to school is seen as a voluntary unemployment. In what did he receive his BA?

He received his B.A. in Ministry (i.e. He's a Pastor). He was allegedly told that to make any kind of money he would need a Masters. That's fine and good, but he just had a government contracting job(making very good money -- but he quit!!-- right b4 we went to trial the first time!), and he has a high government security clearance, and all that goes with it (his testimony in court). So he HAS work skills.

The motion states he has asthma, and he cant stand for long periods of time (bad back) so his job prospects are slim?! And that he can only make $8 hr. so he needs to further his education to make more.

All this was brought up the first time we went to court. My attorney is baffled that the NCP wants to go back meager months after the judge made her ruling. I'm confused too....lol

I will ask my attorney to file that contempt charge. (The judge said that she would throw him in jail if he didn't pay his arrearage in 90 days...guess what he decided NOT to do.....and now he's filed a motion to go back!......Ok, I know you are lawyers and not shrinks...but is my ex mentally crazy, or just deranged??...lol)

 

[Ohiogal]

My apologies... I thought the OPs state was Ohio for some reason.

 

[cocobunny]

My apologies... I thought the OPs state was Ohio for some reason.

MY state is Ohio.
The NCP (current) state is Michigain.
The Governing state over our decree is Alabama.