motion of contempt over $102

[knackered]

Here we go again---Last year June 2011 my ex asked me to start paying babysitting expenses...I said sure, no problem...just give me the receipts (our separation agreement from 2008 stated that she was to notify me if any section 7 expenses were to occur, give me receipts, in which I had 20 days to pay) Because she refused to give me any receipts---I refused to pay.

October 2011--Ex gets a lawyer and files a motion for increase in child support, babysitting expenses and an activity expense for our son (She never informed me of this activity until I received the lawyer letter/filing for court) She has also never gave me a receipt for this activity to this day.

My every other weekend had always been Friday-Sunday. When I first started the job...I was on afternoon shift--Mon-Fri 3pm-11pm. Ex would have me pick the kids (2 and 5 at the time) at her house at midnight...we'd get back home to my place at around 1am.
I was able to change my work schedule to midnights...this gave me a work week of Sun-Thurs. So I was off on the Fridays and able to pick the kids up at 6pm then---much more reasonable time for the kids!
But then my work ended up having to switch me back to afternoon shift---so I'm working until 11pm again on the Fridays. Ex expected me to go back to picking the kids up from her at midnight. I told her no--it wasn't fair to the kids---why couldn't she drive them to my house where my girlfriend would be/available to watch the kids until I got home from work. Girlfriend has been in the kids life for a couple years---Ex actually asked girlfriend to watch the kids for a week in 2010 so she could go to Mexico----so it shouldn't have been a problem....but now ex is furious saying girlfriend isn't ever allowed to watch the kids and she will not drive them to her on the Fridays for us.

I got my lawyer after I received her motion.
We got it settled out of court with one negotiation meeting. My lawyer got my access changed to Sat-Mon (I take the kids to school Monday morning) that way ex couldn't keep denying me the Fridays.
My lawyer got a holiday schedule for me---as ex and her father refused my Christmas with them---very hostile situation, that was---her father was waiting in the drive way, stole my girlfriends drivers license/insurance information and denied me access to the kids.

Ex got her increase in child support and got the back pay to 2011, even though she never followed the agreement by filing for all this stuff at the appropriate times---she set me up to be in arrears.

Ex got her babysitting...she wanted backpay to 2010...she ended up getting backpay to 2011. This was based on an incident where she scammed extra child support money from me by using FRO...basically she collected money from me and then called FRO and said I had never paid. She scammed $4000 this way. I could only prove $1700 in cheques. So her lawyer said "If you drop the $1700 she owes you that you can prove, we will drop the 2010 babysitting"

We have a "right of first refusal" clause...it was in the original 2008 agreement and it is in the amendment. She has never followed it.

So now that I've began paying her babysitting....whatever amounts she tells me....I give her a cheque with an explanation saying "I am not responsible for this day, as it was a pd day at school...you never gave me the option to care for the kids" (She thinks I won't know it is a pd day/thinks she can pull a fast one on me)
She actually tried making me pay for a Stat day when she wasn't working....I called her out on that one too...never paid it....also told her that I wasn't paying for the Christmas holidays that her and her father refused me my access/never gave me right of first refusal while they were on holidays.

She's still getting the babysitting money from me......but I am only paying for what I am responsible for.

Now she just sends me an e-mail saying that she talked to her lawyer and I need to pay her $102 for the Christmas holidays and pd days because those dates were before we signed the amendment.

Umm right of first refusal has been in our original agreement since 2008.

She said if I don't pay her, they are filing a motion of contempt.

[HammerDad]

For $102 it is tough.

On one hand, it is only $102 and fighting the contempt motion could cost you more than that in time off work and possibly legal fees. The other hand, there is the principle of the matter.

Personally, I lean towards advising that the ROFR dates back to 2008. Further, you were capable of caring for the children during the time in question. Let her spend the money to file for the contempt and if it looks like it may actually go to trial, give the $102.....because it is a cost/benefit matter.

If the child care was for her to work, generally ROFR don't contemplate that. If it was for her to go out partying or on vacation, she can get bent.

[wretchedotis]

Since when is baby-sitting a section 7?
Daycare, sure. But baby-sitting?

I wouldn't pay her a dime.
Let her file a contempt motion. They are very difficult to win.

As for the Friday midnight thing - that sucks that she was/is so rigid - but it wouldn't be her job to drive the kids to your gf. Your gf should be able to drive and pick them up in proxy for you, however.

She sounds like a difficult person to deal with - but then again, so is my ex so whatever.

[knackered]

Thanks Hammerdad...that's what I plan on doing....not pay her a dime until she actually files a motion and then I'll pay it, just to avoid the court fees myself. Anyone know how much it would cost her to file a motion for it?
It is the principle of the matter with her because of everything she has got away with--the FRO scam, filing the false police report against me to get me removed from the house, etc...

I get that she can say she won't drive the kids to my GF. It's just sickening given that she actually asked my GF to watch the kids in 2010, so that she could take off to Mexico. She has no problem having my GF watch the kids when it benefits her. But unless everything is on her terms/out of convenience for her/benefits her in someway she doesn't think my girlfriend is allowed to watch the kids, and she won't even give me extra access/right of first refusal.

I am responsible for 100% driving for the every other weekend. But my lawyer made it clear to her that I am not 100% responsible for all the driving for the right of first refusal situations and extra access. We are supposed to come up with an arrangement for transportation between us. If I ask the ex to drive the kids one way to me/I'll drive them back...she simply denies my access.

Before she did the FRO scam on me and filed for the increase in child support/babysitting expenses. I did all the driving for everything...I got the kids every single weekend. I could afford to do it then. Now that she is getting $900 a month from me....unfortunately, I can't afford to do all the driving for these situations...if I could, I still would. So she's been used to having everything on her terms/out of convenience for her..never having to drive.

When I brought up the fact that I used to get the kids every single weekend before she started all this nonsense....she lied and said "I don't remember that"

When I showed the $1700 in cheques that I had proof of that she scammed me through FRO (She actually scammed me $4000...but I can only prove $1700) her own lawyer was like "oh my god, did you do this?" Ex looked like she was going to bawl her eyes out on the spot and replied "I guess so" Yet she still got away with it!