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 |
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?
T.R | Title | User | Personal Name | Date | Lines |
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272.1 | She is in Contempt of Court | AKOCOA::BBLANCHARD | Thu Jul 22 1993 10:55 | 33 | |
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 | |||||
272.2 | A little clarification | STOWOA::BROWN_K | KEN BROWN DCC/CIS DESKTOP CONSULTANT | Thu Jul 22 1993 12:30 | 15 |
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. | |||||
272.3 | Only the items spelled out | AKOCOA::BBLANCHARD | Thu Jul 22 1993 12:41 | 16 | |
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 | |||||
272.4 | CSC32::HADDOCK | Don't Tell My Achy-Breaky Back | Tue Jul 27 1993 11:45 | 11 | |
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(); |