Here's the facts:
*Father and child live in a different state than the mother.
*Father has primary custody of the child.
*Child is currently six months away from 18th birthday.
*Mother pays a substantial amount of child support and medical support to father each month via wage assignment.
*In Spring 2008, father denied custody to mother, citing that he cannot get the child on the plane to visit mother.
*Mother took father to court over this and the court suggested that the father "try harder" or impose "stronger punishment" on child to persude child to visit mother.
*In Summer 2008, father once again denied custody to mother, citing that he cannot get the child on the plane to visit mother.
*Fear is that this might happen again across 2008 winter vacation.
It's clear that the father is breaching the contract set forth by the state. Unfortunately, the child will be turning 18 in early 2009, so getting more court ordred time is useless.
However, would the mother be successful in suing father in small claims court, citing breach of contract and collecting compensatory damages?
Let's say the mother paid $600 a month across 12 months in 2008. The current court order stipulates she should see the child 90 days a year. The father has only granted 40 days of access to the child in 2008.
If you divide $7200 by 90 days, that equals $80 for each day. Now if you multiply $80 by the denied 50 days, that equals $4,000.
If this is not the correct course of action, what might be a more sound way to persue this?
*Father and child live in a different state than the mother.
*Father has primary custody of the child.
*Child is currently six months away from 18th birthday.
*Mother pays a substantial amount of child support and medical support to father each month via wage assignment.
*In Spring 2008, father denied custody to mother, citing that he cannot get the child on the plane to visit mother.
*Mother took father to court over this and the court suggested that the father "try harder" or impose "stronger punishment" on child to persude child to visit mother.
*In Summer 2008, father once again denied custody to mother, citing that he cannot get the child on the plane to visit mother.
*Fear is that this might happen again across 2008 winter vacation.
It's clear that the father is breaching the contract set forth by the state. Unfortunately, the child will be turning 18 in early 2009, so getting more court ordred time is useless.
However, would the mother be successful in suing father in small claims court, citing breach of contract and collecting compensatory damages?
Let's say the mother paid $600 a month across 12 months in 2008. The current court order stipulates she should see the child 90 days a year. The father has only granted 40 days of access to the child in 2008.
If you divide $7200 by 90 days, that equals $80 for each day. Now if you multiply $80 by the denied 50 days, that equals $4,000.
If this is not the correct course of action, what might be a more sound way to persue this?
