My husband is incarcerated for child support, long story short my husband requested a financial declaration from his ex-wife to modify his income. She flat out refeused to do so in an e-mail, and he had a bench warrant so she sent the detective to his job to have him arrested. Now, the original Divorce Decree stated that my husband is to pay $800.00 a month for child support in lieu of DSS(Children and Family)Guidelines if they are attending Private school so, the $800.00 is private school fees, but she took them out of private school(he was paying the child support on a part-time job and coming home with $10.00/week) in 2008 in which she was supposed to put in a consent order form to back in court to calculate the monies properly, so instead she calls him in to court for a rule to show cause, every 3 months, instead of doing what's right... So, I have taken over P.O.A. over my husband until he is released to do his legal matters. I have filed A motion for a new trial based on the evidence that I submitted and A Support Modification, Also 2 petitions for contempt for refusing to bring forth the declaration and the visitation... she sent the children out of state and violated his rights to see his children for Father's Day... My Question is I have a court date of August 22nd, 2011 how can I obtain an emergancy hearing... his job has laid him off because of incarceration they will not him go on work release but, they will let him come back if released from jail... how can I get him in fronth the Judge sooner than August 22nd?

I see no grounds for an emergency hearing. As far as his "ex" is concerned (and I know this is difficult to hear) - she is doing NOTHING illegal. Morally perhaps she should take another path but legally she is within her rights.

I'm a little confused - the children were taken out of private school in 2008. When did your husband apply for a Modification of Support Order? He CANNOT "simply" change the amount he pays under one Court Order/Decree/Agreement without another Court Order/Decree/Agreement in its place. Any changes MUST be Court ordered to be binding.

He didn't see the children on Father's Day. When did he file with the Court to hold his ex in contempt?

If he raised no issues until now and he is raising them in his defense I see the Court not understanding his side of things. He has (unfortunately, and I do understand the circumstances) a record of largely ignoring the Court - they are not going to have a lot of patience now.

You need an Attorney.

Also - what State?

Quote:

---

Originally Posted by mbragg2871

... long story short ...

---

Every time a post begins with that unnecessary three words, I think to myself, oh, that's going to be a long, rambling post. :rolleyes:

Quote:

---

Originally Posted by mbragg2871

.... So, I have taken over P.O.A. over my husband until he is released to do his legal matters. I have filed A motion for a new trial ...

---

Did the court let you represent him via a POA? Strictly speaking a POA makes you his attorney in fact. You still are not an attorney at law and it doesn't allow you to appear in court to represent him.

Frankly, I am surprised the clerk of court let you file what you filed. Don't be too surprised if, on August 22nd, the judge throws your motion out for this reason.