Any Lawyers Please Respond...I have been awarded visitation rights with my kids, their mother is not abiding by the court order. She has even moved and I do no know where she now stays, and I pay child support? How can I get her in contempt of court, and can I do it w/o a lawyer
2007-09-02 15:49:42 · 5 answers · asked by shairycan 1 in Politics & Government ➔ Law & Ethics
yes she is in contempt of court and has moved without leaving a forwarding address and you have legal custody visit by a court order--she as well as you have to give updated residencey changes-how do you pay support if you do not know where she lives--??you can file a pro se order to the court for a motion for contempt of court in not allowing you to see your children-child support has to release this information that is unless you have a restraining order against you?? need to know more details here like what state is the divorce from originally and has she moved to another state-??called fleeing juristiction which then requires and interstate recriprical agreement order from the state of concurrent and exclusive jurisdiction under the us codes and child support guidelines act of 1988
2007-09-02 16:08:14 · answer #1 · answered by ahsoasho2u2 7 · 0⤊ 0⤋
A lot depends on the state you are in. For example, Lousiana is vicious with custodial parents who move out of the state without notifying NCPs in a very specific fashion. Only one or two states do not have move-away laws, but some states consider it a move-away only if the other parent moves out of state.
On the federal level, this past legislative season saw the majority of the states pass a parental kidnapping law that is quite firm and quite enforceable.
You can file a motion for an order to show cause why she should not be held in contempt. At the same time, if you are able to provide a good custodial situation you might file for an emergency change of custody. It is far better to have an attorney do these things, but if you cannot afford one it is still better to try it yourself than to just give up. You can also file for child support to be suspended while the children are located and returned. That is a BIG attention getter and might even cause her to contact you. Your big difficulty will be getting her served if you don't know where she is. Even ex parte, or one party motions, have to be served and heard. They can be enacted in the meantime, however.
Child support enforcement does NOT have to give you any information about your ex -- and you will have to keep paying support until the court orders otherwise. If you are paying through child support enforcement, keep paying; if you are paying your ex directly, you could open a special account and keep the money in escrow until you discover where she is.
You can email me for more ideas and to let me know your state, if you like.
~~not legal advice.
2007-09-03 00:18:30 · answer #2 · answered by Marlon M 3 · 0⤊ 0⤋
go down to your family court office and file for a "Show Cause"...you don't HAVE to have a lawyer (but I would NEVER advise going into court without one) BUT...you can file, have the court start investigating...
good luck
(by the way- your icon is female)
2007-09-02 22:59:08 · answer #3 · answered by jmd72inva 6 · 0⤊ 0⤋
By calling the police and reporting a kidnapping/ The only thing is you will never want to do that to your children.
2007-09-02 23:07:58 · answer #4 · answered by OC 7 · 0⤊ 0⤋
Go to my web page if interested my contact info is there
2007-09-03 00:02:26 · answer #5 · answered by Pops@58 1 · 0⤊ 0⤋