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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

272.0. "Need Some Input....." by STOWOA::BROWN_K (KEN BROWN DCC/CIS DESKTOP CONSULTANT) Thu Jul 22 1993 09:58

	I would like a little input, as I am in a quandry as to the direction
	I follow.

	I received custody of my children in February 1991, and both 
	children are doing extremely well with me.  My son is on honor
	roll, as well as my daughter who also tested three grade levels
	above her current grade.  This is their accomplishment, as both were 
	regarded as "learning disabled" in their previous school system.

	In a previous go around in court, I was required of the following, 
	pay alimony for a period of one year (this was Massaschusetts) and
 	after that time I was to receive the children's furniture, and other 
	personal belongings. I have also been requesting transfer of the 
	children's savings accounts and trust funds.  As this was money from
 	my parent's estate that generated both of these funds. The agreement 
	was made on September 1991 and ran until October 1992.  It is now ten 
	months after this legal agreement has been completed and I have yet to 
	receive the personal belongings, furniture or financials.  

	I have been requesting this information from my ex-wife for the last
	year on an average of once, and under some conditions twice a month.
	During this period I have received no repsonse from my ex-wife. I have
	actually received letters back with "returned to sender" written across
	the envelope. In addition, I have been sending her copies of the 
	children's medical bills, to which she usually takes six to nine months 
	to pay.  Other than the checks I have not received any responses to my 
	requests.  

	I have written to her lawyer twice and I have yet to receive a response.
	Of course she owes him for every legal function she has performed and
	has yet to pay a cent, since the divorce over eight years ago.  So he
	makes no money on her, so why expend the energy.  	

	As additional comments, my lawyer is an unknown entity.  The last time
	I contacted him, as my daughter ended up in the local police station
	due to the abuse from her mother, only resulted in sending me a copy
	of his bill.  And of course with no action, against my ex-wife.

	My question is, any input on which direction to pursue? 





	

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272.1She is in Contempt of CourtAKOCOA::BBLANCHARDThu Jul 22 1993 10:5533
    If the judge's order stated that you were ordered to pay alimony for
    one year, which you did, then you have complied with the judges order.
    
    If your ex was ordered by the judge to give you both the childrens
    furniture, personal belongings and their trust accounts as of the
    completion of your part of the order, then she is now in contempt of
    court.  You will have to file a contempt and bring her back before a
    judge.  He should find her in contempt and order her to pay your
    attorney's fee's, (if you ask for the fee's), and he should order her
    to immediatley comply with the previous judge's order to turn these
    items over to you.  (judges don't like to charge ex wifes for your 
    lawyer's fees, so I wouldn't count on that, but ask for it anyway).  
    
    If it was court ordered to begin with then she is in contempt.  If 
    after this next court session and order she still fails to comply,
    then I guess you can take her back to court again, and they can put
    her in jail......(righttttt! can is the operative word here).
    
    You will have to look at the original judges order and see if that was 
    the way he ordered these things to happen, if so, she is now in contempt.
    
    If you aren't good at pro se representation, then look for a new
    attorney to handle this matter.  Interview a few first and see how they
    would handle this.  Get recommendations.
    
    One more thing you could try, if she isn't paying child support, and
    since she is making you go back into court to get what was already
    ordered, you should file a motion for child support from her, or
    increased child support since she should now be back on her feet and
    working since you payed her alimony for a year to allow her to do this.  
    
    Good Luck
    
272.2A little clarificationSTOWOA::BROWN_KKEN BROWN DCC/CIS DESKTOP CONSULTANTThu Jul 22 1993 12:3015
	The furniture and personal belongings were included in the legal 
	agreement.  The financial information was not included, as my 
	lawyer did not feel it was relevant enough at the time (It
	wasn't his money, so why worry).

	As for child support mentioned in .1.  My ex does not pay child
	support.  The Judges decision for granting the requirement of 
	paying alimony and no child support, was that he did not want
	her to become a burden to the State of Massachusetts.  

	I cannot get to follow the legal agreements, it would be impossible
 	for her to adhere to child support payments.

	
272.3Only the items spelled outAKOCOA::BBLANCHARDThu Jul 22 1993 12:4116
    She would be in contempt on those items that were included by the judge
    in his order, the others are new issues and you would have to file a
    motion for those and ask the judge if he will order her to turn them
    over to you and the children.
    
    They don't cut men any slack on child support, I'm not sure that
    women should be allowed not to pay anything.  Even $10. per week is
    something.  You should see about getting some participipation
    from her on the children's expenses since she is making you go back to
    court.  If she is without funds, then she has probably used the
    childrens trusts by now.  Children deserve to be supported by both of
    their parents.  Of course if she agreed to either none or very
    reasonable child support from you when she was the custodial parent,
    then you should do likewise for her.
    
    bb
272.4CSC32::HADDOCKDon't Tell My Achy-Breaky BackTue Jul 27 1993 11:4511
    I would go in and ask that she be held in contempt for those things
    that are stated in the agreement.  I would also ask that the  court
    order the trust funds to be be transferred.  If she has spent the trust
    funds, I would ask the court to order that she repay them. I would also
    ask that the court order child support.  At least get her financial
    information.  If she is now working the court should order her to pay
    support.
    
    fred();