Petition for modification

[syskjw]

What is the name of your state? fl
In October the mother and I appeared for modification. The judge ordered the mother to pay $366 a month and $25 a month in arrears starting 11-1-07. She owes $5,038 in arrears on 10-1-07 and they set retroactive amount of $2100 from the date the modification was requested to October. Mother never started paying the correct amount and actually hasn't paid a dime since 12-12-07. We had a court date scheduled for contempt on 2-20 but the day before the date the hearing office called and said the wrong attorney was notified they would send a letter to reschedule. Well the court date is now set for May 14, 2008. The mother went down to cs on 3-24 to see how she could get her license back and she paid $200, cs said they where taking her income taxes and she had to come back when she had a job to sign another agreement. I called cs and requested enforcement but they said it is already in enforcement they are waiting for her to get a job and they knew nothing about the court date in 2-20 being cancelled and did not know that it was rescheduled for May 14. On the court date in May would only the contempt be heard on Dec to then or would all this be considered in it to. Cs could not answer this because they did not even know of the cancellation and rescheduling? And I did file another motion for contempt on 4-25 seems how it had been 30days with no payment.

 

[Gracie3787]

What is the name of your state? fl
In October the mother and I appeared for modification. The judge ordered the mother to pay $366 a month and $25 a month in arrears starting 11-1-07. She owes $5,038 in arrears on 10-1-07 and they set retroactive amount of $2100 from the date the modification was requested to October. Mother never started paying the correct amount and actually hasn't paid a dime since 12-12-07. We had a court date scheduled for contempt on 2-20 but the day before the date the hearing office called and said the wrong attorney was notified they would send a letter to reschedule. Well the court date is now set for May 14, 2008. The mother went down to cs on 3-24 to see how she could get her license back and she paid $200, cs said they where taking her income taxes and she had to come back when she had a job to sign another agreement. I called cs and requested enforcement but they said it is already in enforcement they are waiting for her to get a job and they knew nothing about the court date in 2-20 being cancelled and did not know that it was rescheduled for May 14. On the court date in May would only the contempt be heard on Dec to then or would all this be considered in it to. Cs could not answer this because they did not even know of the cancellation and rescheduling? And I did file another motion for contempt on 4-25 seems how it had been 30days with no payment.

Give the CSE a copy of the notice of hearing that you have. Call them a few days before the hearing to make sure that they "remember" to appear. It can also help if you send a copy to the attorney for the DOR, that info should be located on papers in your court file.

The Judge might decide to hear both contempt motions on the 14th, be sure to ask for that in court.

Since there is a hearing pending, CSE is doing what they can. I couldn't tell by your post, but was ex's DL reinstated by the CSE?

 

[syskjw]

child support gave the approval for her to get her license back. Also I forgot to mention when cs entered the modification agreement they had deleted the previous arrears to the 10-4 hearing. I asked cs to conduct a review because the arrears amount was mention on the Report findings they said they do not conduct reviews the clerk of courts does. Clerk of courts said they do not conduct reviews it up to the judge to enforce it. Do I need to do another motion requesting enforcement on previous arrears? I did send a letter to the attorney giving him detail info on case since I do not get to speak with him prior to the case.

 

[syskjw]

great news the justice system finally came through. On 5-14 the judge told mother to pay all the arrears in the amount of $3,851.56 or go to jail for 177 days and she could purge out if she paid $3,851.56. Although he said he could not rule on the previous arrears today prior to Oct. that the Magistrate would have to do that. I sent a letter to the Magistrate explaing the error that occured when CS was inputting the ruling from the modification and that they said the magistrate would have to enforce it.

 

[syskjw]

magistrate didn't correct arrears. But now mother is in contempt again and we are appearing before the same magistrate. This is the 6 contempt of court; I have had to come to court at least once a year. I belive I read something about the certain number of contempts means automatic jail time; does anyone know if this is true and what law this is.

 

[meanyjack]

magistrate didn't correct arrears. But now mother is in contempt again and we are appearing before the same magistrate. This is the 6 contempt of court; I have had to come to court at least once a year. I belive I read something about the certain number of contempts means automatic jail time; does anyone know if this is true and what law this is.

What you need to do is cite language from the statutes related to violations of this and include it in your motion to show cause. Also ask for punitive damages AND compensatory damages (in addition to any filing fees and attorneys fees).

Actually including this language in your motion (and if the language has the word "shall" in it) might "refresh" the memory of the Magistrate.

 

[Gracie3787]

magistrate didn't correct arrears. But now mother is in contempt again and we are appearing before the same magistrate. This is the 6 contempt of court; I have had to come to court at least once a year. I belive I read something about the certain number of contempts means automatic jail time; does anyone know if this is true and what law this is.

Nope, there's no such law. It doesn't matter how many times a NCP is found to be in contempt, the option for jail is soley up to the Judge/magistrate.

However, with so many prior contempt orders, jail time is much more likely, so be sure to go to court armed with copies of every single prior contempt order.