Brief background
1) I owe "contractual" maintenance or $1889 per mo.
2) I later won custody challenge because of poor parenting (best interest of the children) and get $448 per mo for 2 kids, based on out of date financials. (when awarded I made close to $100k per year and she made about $33k per year)
3) I am now unemployed and can't pay maintenance. I get $2013 per mo from unemployment.
4) I challenged the "contractual" maintenance as unconscionable, and lost. The court does not have jurisdiction.
5) I have not paid maintenance in 5 mos.
6) The Ex has not paid Child Support in 5 mos either.
7) The Ex is now charging me with contempt based on deposits found in our recent exchange of financials.
Her attorney identified moneys that my family has been loaning me from their retirement account to supplement the unemployment so that the Kids and I can survive. I have this documented as well as proof that I am not voluntarily unemployed, and I am actively seeking employment. So this should take care of their charge of contempt as I do not have the ability to pay, I'm am not voluntarily choosing not to pay, and I am not voluntarily underemployed.
My question has two parts
1) Can I make a counter claim of contempt for the Ex not paying Child Support for the last 5 mos? I don't believe that her Child Support obligation is dependent upon me paying maintenance. She is currently employed with an income of $2200 per month (30-35 hour per week at $15 per hour), has the kids about 55 of the court allotted 93 overnights (she moved out of state), has a college degree, and is not actively searching for better employment (was making $60k at one point). So she has the ability to pay, is choosing not to pay, and in my opinion is voluntarily underemployed.
2)Can I arrive at court early file the counter claim and have it heard during the same proceeding? The hearing is tomorrow morning. I only found out about the contempt hearing yesterday at our unsuccessful settlement conference to modify child support. The Ex's attorney never served me. I know I do not have to appear but I am thinking I might because I can catch them off guard. Particularly if I can have my counter claim heard. I would be asking for back child support, filing fees, and damages at the courts discretion.
Every issue the Ex has brought has been in her own self interest. She is coming after me for the maintenance, travel expenses for visitation, and her attorney fees; showing no regard for what's in the best of the kids. My unemployment check is about $2k per mo which is less than her earnings but I am supporting the kids and me with it (along with my family's help). Neither she or her family has contributed a dime or offered assistance once. She just keeps demanding more money from me whether it hurts the kids or not.
Any help would be greatly appreciated.
Thanks in advance.
1) I owe "contractual" maintenance or $1889 per mo.
2) I later won custody challenge because of poor parenting (best interest of the children) and get $448 per mo for 2 kids, based on out of date financials. (when awarded I made close to $100k per year and she made about $33k per year)
3) I am now unemployed and can't pay maintenance. I get $2013 per mo from unemployment.
4) I challenged the "contractual" maintenance as unconscionable, and lost. The court does not have jurisdiction.
5) I have not paid maintenance in 5 mos.
6) The Ex has not paid Child Support in 5 mos either.
7) The Ex is now charging me with contempt based on deposits found in our recent exchange of financials.
Her attorney identified moneys that my family has been loaning me from their retirement account to supplement the unemployment so that the Kids and I can survive. I have this documented as well as proof that I am not voluntarily unemployed, and I am actively seeking employment. So this should take care of their charge of contempt as I do not have the ability to pay, I'm am not voluntarily choosing not to pay, and I am not voluntarily underemployed.
My question has two parts
1) Can I make a counter claim of contempt for the Ex not paying Child Support for the last 5 mos? I don't believe that her Child Support obligation is dependent upon me paying maintenance. She is currently employed with an income of $2200 per month (30-35 hour per week at $15 per hour), has the kids about 55 of the court allotted 93 overnights (she moved out of state), has a college degree, and is not actively searching for better employment (was making $60k at one point). So she has the ability to pay, is choosing not to pay, and in my opinion is voluntarily underemployed.
2)Can I arrive at court early file the counter claim and have it heard during the same proceeding? The hearing is tomorrow morning. I only found out about the contempt hearing yesterday at our unsuccessful settlement conference to modify child support. The Ex's attorney never served me. I know I do not have to appear but I am thinking I might because I can catch them off guard. Particularly if I can have my counter claim heard. I would be asking for back child support, filing fees, and damages at the courts discretion.
Every issue the Ex has brought has been in her own self interest. She is coming after me for the maintenance, travel expenses for visitation, and her attorney fees; showing no regard for what's in the best of the kids. My unemployment check is about $2k per mo which is less than her earnings but I am supporting the kids and me with it (along with my family's help). Neither she or her family has contributed a dime or offered assistance once. She just keeps demanding more money from me whether it hurts the kids or not.
Any help would be greatly appreciated.
Thanks in advance.
