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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-18-2020, 07:29 PM
evaswan04 evaswan04 is offline
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Default Conference or motion for contempt

I have a case of alienation in which due to the findings that she was alienating the kids I was given full custody with 50% shared time. It was also ordered that the children continue seeing their physiological therapist. She stopped following the court order, stopped sending them to therapy and continued the alienation. Now the kids refuse to see me. I haven't seen my kids for 1 year and 3 months. Also my income changed substantially. My lawyer attempted to serve her for motion of contempt but she kept hiding so she couldn't be served. Then Covid happened and my lawyer stop attempting to serve her. I asked if we could call for an emergency motion because I haven't seen my kids but my lawyer said this is not an emergency because my kids need to go to the family bridge program (workshop for alienated children) because they refuse to see me. Their ages are 11, 14 and 15. She said we could try to request a conference. I have been reading about conference with the court and I read that the judge can only give recommendations but if the parties don't agree they can't enforce anything. Knowing my ex she will not agree to anything. I wonder if this would be a waste of my time and money and will just give her heads up of what I'm trying to do to recover my kids. Should I do the conference or wait for the courts to open to serve her for motion.
I have been paying the ordered child support all this time even after my income dropped. Now for the last 4 month I paid less so now FRO started collecting 50% of my earnings which is not enough to support myself.

Being my case so complex my last lawyer quit and that's why my case had been taking so long. I am desperate and dont know what to do.

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Old 07-18-2020, 07:39 PM
rockscan rockscan is offline
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Default

Well first you need to file a motion to change support. When the custody changed did it change the support to offset?

If your income has dropped you need a motion to change support.

Why didnt you enforce the 50% time over a year ago?
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  #3  
Old 07-19-2020, 01:25 PM
evaswan04 evaswan04 is offline
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Hi Rockscan,

Thank you for your reply.
The motion to change support was served a year ago during the 50% shared time. When she got served she stopped sending the kids to me and stop taking them to therapy which means she stopped following the court order. This changed my priority from motion to change to motion of contempt. The custody never changed legally, she just stopped sending the kids to me.

When she stop the 50% time I contacted my lawyer. My lawyer kept me waiting for 6 months telling me that she was getting ready, then she told me the system is not prepared for this cases and she quit my case. I got another lawyer and she requested reports from the children's therapists to prove that the alienation was continuing. The therapist took 3 months to send the reports. Once we got the report the lawyer attempted to serve her with the motion of contempt but she hide for 2 weeks then Covid started and stopped everything in March. Now my lawyer says my case is non-urgent and the only thing you can do is to ask her lawyer if she agree to do a conference with the court.
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