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littleman

littleman

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Have sole custody order dated years ago.....ex in contempt many times.......currently in contempt again.....not forwarding his assessment to me by June 1st deadline as stated in order. I have asked on numerous occassions for this and now I am being told just go ahead and take me back to court he doesnt care. He claims he has change in expenses and I told him I know that now he has no living expenses as he lives with parents. He has been living with parents (rentf ree) for years and has not informed FRO of his change on expenses side. I know his parents do not charge him rent as I have an email from HIS mother stating they do not charge him rent. He has told me to go ahead and file against him for contempt (which I will be doing in next few days- very volatile between us) I am wondering do I have to keep doing this while my child goes to post secondary
 
why would that be (not influence)
his cost of living is waaaaaaaaaaayyyyyyyyyyyy less than when order was originally filed?

Some posters may feel that I am being bitchy about this but this has been going on for years and ex doesnt pay ANY section 7- not one dime over CS ever. I am tired of him always bashing me and getting away with barebones minimum. Doenst even drive our child home after weekends, he takes the freaking city bus while the ex is sleeping at 4pm!!!!!!!!!!!!!!
 
ex doesnt pay ANY section 7
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Ask for it, if he does not pay, enforce.

why would that be (not influence)
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That is the current state of the law. Child support is based solely on income. Notwithstanding arguments of hardship, their expenses are immaterial - they can be as prudent (or not) as they like. It is part of letting people manage their own finances.
 
think my best thing is to file contempt order and see if he actually realizes this is not a game I am willing to play with him?

What forms do I need to file for this? Also how much trouble do yout hink he will be in if courts find out that he has committed insurance fraud over section 7 expenses? I paid dental bills, got my reimbursement and then he got a reimbursement cheque also and never questioned it just cashed it
 
littleman said:
think my best thing is to file contempt order and see if he actually realizes this is not a game I am willing to play with him?

What forms do I need to file for this? Also how much trouble do yout hink he will be in if courts find out that he has committed insurance fraud over section 7 expenses? I paid dental bills, got my reimbursement and then he got a reimbursement cheque also and never questioned it just cashed it
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The insurance issue will likely have zero impact. It is irrelevent to the matter at hand and will likely be pushed aside to move on with the actual issues of the motion.

If you have a concern, advise his insurance provider. You will either be treated as the spiteful ex or as a helpful individual trying to stop someone from defrauding them.
 
I really dont care one way or the other about the insurance.....when it comes down to it and he meets his maker he cannot do that with clear conscience and I will make sure he never forgets what he has done.


He has been doing this contempt thing for a few years. The last time I told him I was going to file and then he begged me not to because he knew that would come with consequences, this time I am done playing his games and will just have him served with court papers.

Which ones should I be filing?
 
First you need to calm down...getting all worked up in not going to do you any good... you need to understand the child support guidelines... it doesn't matter if he is living rent free, hell it wouldn't matter if he married a millionaire, the fact is child support is based off his income NOT his expenses. Your reasoning does not make sense... if he went ahead and bought a huge house where he had a huge mortgage, would you be alright with his child support dropping because of his higher expenses?

Section 7 is different, and depends on both your incomes... so yes you need his notice of assessment to determine his portion.. also, some section 7 expenses (extraordinary) require his consent if you would like contribution from him. You can't just go sign the kids up for this or that without consulting him on the activity and then expect him to pay.

You have a right to be upset, however in my opinion you need to read and understand the child support guidelines, as it is clear you do not have a good understanding on how child support is calculated. If your child is old enough to take the bus there is no reason they can't... or you could pick the child up?
 
Im not uptight or overreacting Berner.........I am very well versed at CS guidelines as I have been to court with this person before for custody and was self represented. It does bother me however that he doesnt and hasnt paid 1 cent towards anything over and above CS and thinks that he pays too much CS? His NOA is ordered by the judge to be given to me by June 1st every year (part of final order)

Why should I pick up my child? Add another thing on my to do list where ex is concerned. He was at his fathers for visitation. When does his father EVER start being a father instead of a Disney dad??? (that comment is upsetting)

Anyways I would just like to know what forms do I need to complete to serve him with a contempt of court order
 
Berner_Faith said:
You have a right to be upset, however in my opinion you need to read and understand the child support guidelines, as it is clear you do not have a good understanding on how child support is calculated. If your child is old enough to take the bus there is no reason they can't... or you could pick the child up?
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I would add in addition to that you need to understand that he is not in contempt until court find him in contempt. It also would be good for you to make sure that you can prove beyond reasonable doubt that he did it intentionaly and bla bla bla... (look for test what court use for this contempt). To give you an idea from top of my head as I remember first step is was the order were clear and he actually being served with it...

You also can not serve contempt motion on him by yourself.

WD
 
littleman said:
Why should I pick up my child? Add another thing on my to do list where ex is concerned. He was at his fathers for visitation. When does his father EVER start being a father instead of a Disney dad??? (that comment is upsetting)
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It is normal for each parent to pick up the child at the start of their parenting time. Most judges provide for such in their orders.

Also, you will find that some here (myself included) take a touch of offense to the notion that we are visiting our children when we are parenting them. Unless the parent is in jail or the hospital, they are exercising their parenting time.
 
that is fine not serving him myself........I will pay someone to do that........space is a good thing for sure between us......the order was very clear however he was not in court on the day it was read to me and HIS lawyer......I would assume his lawyer informed him what it said. I can prove this very easily him in contempt because he has admitted to being in contempt.
 
HammerDad said:
It is normal for each parent to pick up the child at the start of their parenting time. Most judges provide for such in their orders.

Also, you will find that some here (myself included) take a touch of offense to the notion that we are visiting our children when we are parenting them. Unless the parent is in jail or the hospital, they are exercising their parenting time.
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he doesn even pick our child up.......forget about dropping off.....

No offense to fathers that are being real dads but this one is the picture of a Disney dad and thats the extent of it. When your child is with their father and texting me because at 3pm their father is still in bed from night before......do you not think this is an issue.....that is not parenting or visiting at all......that is ignoring
 
littleman said:
that is fine not serving him myself........I will pay someone to do that........space is a good thing for sure between us......the order was very clear however he was not in court on the day it was read to me and HIS lawyer......I would assume his lawyer informed him what it said. I can prove this very easily him in contempt because he has admitted to being in contempt.
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that where you will loose - on assumption :) But hey it's you right so try and will know for sure...

WD
 
It is clearly stated on very first line of order and he is well aware of it. He has admitted to knowledge of this being there and admitted to being in contempt.
 
littleman said:
It is clearly stated on very first line of order and he is well aware of it. He has admitted to knowledge of this being there and admitted to being in contempt.
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what I am trying to tell you that contempt motion is not walk in a park due to it quasi-criminal nature...

I was sitting in court room when judge throw away contempt motion because guy who filed it put wrong date of the order which other party were in contempt.
 
littleman said:
Im not uptight or overreacting Berner.........I am very well versed at CS guidelines as I have been to court with this person before for custody and was self represented. It does bother me however that he doesnt and hasnt paid 1 cent towards anything over and above CS and thinks that he pays too much CS? His NOA is ordered by the judge to be given to me by June 1st every year (part of final order)
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Clearly you are not well versed if you think because he lives rent free he owes more in CS.

Also, no where do you say that you are supplying him with your tax information? You do realize that you have to provide that as well, as your income is used to determine you percentage of section 7 expenses?

Again, unless he has agreed to the extra expense he does not have to pay. Unless of course it is health related, or for babysitting, but if some of these expenses are for children's activities and you did not consult him before hand you may be on the hook for the whole cost.
 
When he doesnt pay section 7 why should I give him any information......he hasnt paid one cent towards section 7 EVER so I have no worries of giving him anything.....the order states section 7 is 50/50 and it has been 0/100 (him to me ratio)
 
littleman said:
When he doesnt pay section 7 why should I give him any information......he hasnt paid one cent towards section 7 EVER so I have no worries of giving him anything.....the order states section 7 is 50/50 and it has been 0/100 (him to me ratio)
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Are your incomes equal? If not then this is unfair to one of you and can be argued...

If you don't give him any information how do you expect him to pay? Do you expect him to believe you are telling him the truth? Why wouldn't you provide him with notice BEFORE occurring section 7 expenses and provide him with a receipt...

From all your ranting here, it really seems like you are being the unreasonable one, not wanting to provide him with information, trying to tell him how to parent, thinking you can get more CS because he lives rent free, etc...
 
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