[mattme]

My son has been in a custody/parenting time/support procedure since 2/07. When he went to court in August 07, agreement was (in writing) that “child support” would begin when papers were signed. Papers have not been signed yet, as all agreements have not been reached.

Letter from ex’s attorney (via our attorney) this date states that they are filing a civil action suit against my son for “warrant/arrest for child abandonment” and a contempt action suit. How can this happen if there is no signed order for support, by my son nor the judge?

Is our lawyer holding out for some type of strategy? Ie, that the ex will give more time, settle for less, etc. We stay really confused as to the court proceedings.

[s_cianci]

What has your lawyer said about all this? (S)he should be answering your questions and also responding to plaintiff's attorney with a letter of his/her own.

[mattme]

Is there anyone in internet land ever had to deal with an ex over child custody who would not cooperate even with HELL freezing over.

Please see my previous post from mattme. Would surely love some good advise. Thanks for reading

[cjonline]

When what "papers" were signed, the Divorce papers? Has the Judge told you what the support payments were going to be? Did the Judge ever say "run the numbers" and let him know? Or some such wording about the support?

If the Judge did then the support was ordered. You might have a paper that says your son can wait to pay until the divorce is final to start payments, I would be shocked if that was the case, but most likely the support due will be back dated to the date it was ordered or the date it was filed. Your son might be looking at 9 months of back support that will be due. Is he paying anything right now? If so get the records together and have them ready for the Judge. Cash won't count, all she'll say is she didn't get it, checks or money orders something that leaves a paper trail is best. If he's not he should be.

Your son's lawyer will explain the papers sent to your son, if not get a new attorney. However, a contempt order is only filed when a judgement was ordered but not carried out, and I think that the ex and her attorney believe the Judge ordered support and your son is refusing to pay it. The warrant/arrest for child abandonment is either because your son has not been seeing the children or paying anything for the past 9 months and the ex wants full legal and physical custody of the kids. (She might get it if your sons attorney doesn't answer or respond to the papers filed. Remember that she could get it anyway if your son doesn't see the children.) or it might be what they file with the courts for the NCP's that don't pay support, they can put your son in jail for non-payment so have him talk to his attorney asap.

Its only been 9 months for your son, while that seems like a long time its not really. It took my ex and I 3 1/2 years to get divorced. Many times things like this happened.

[mattme]

My son and his ex... is only a girlfriend. This wonderful child was produced before all the trauma began. The "papers" are titled as "Final Consent Order", and no they have not yet been signed by the judge. (this has been since July 07). The papers stipulate that "Said payments shall begin upon the signing of this agreement, payable thereafter until the child reaches etc... This B**ch agreed to this, knowing or not knowing what it meant, who knows, but now she wants $, and the judge has not even seen any paychecks, itemized stmts or anything as of yet.

According to court records this date, all of a sudden one such Warrant has been dropped, however we found out that she is trying for another in Superior. We are trying to trust attorney, we just don't know the jargon. Thanks for helping

[mattme]

Another thought... My son was paying a "temporary support" until court in July... That is when the so called agreement was made, and yes, he sees his son every other Wednesday, Thursday, and Friday until 6:00 pm, and then everyother weekend. He was asking for full physical, however, according to the judge, the PI proof's that we had did not include drug abuse (which we know she does, but just had no proof), or domestic violance (spelling), this also is yet to be proven, however we have heard rumors that the new man in her life is an alcoholic. This also, we must prove. There is no stability in this child's life at present. This is one of the many reasons that my son was asking for full physical.

[Fr_Chuck]

I was in and out of court 100's of times over 15 years with my children before their mother died
If one party or the other wants to keep dragging the other into court, it can never end.