Filing an Enforcement & Contempt Order myself

Status
Not open for further replies.

MSalinas

New Member
My ex and I having been fighting over child support since 3/1999. I have done every thing by the book to get a child support order in place. Ever since I have had to file enforcement orders and contempt orders. In 2001 he got himself enlisted with the Army, but due to his failure to comply with his child support obligation the courts sentenced him 180 days in jail. Because he was in the Army the judge made him serve his time on the weekends, from 8:00 a.m. Saturday mornings to 6:00 p.m. Sunday evenings for a total of 90 weekends. (He began 3/2002 and finishes 11/16/2003). I have not wanted to let the children go on this weekend visits as they are not visiting with their father because he is sitting in jail all weekend.

The Army ended up discharging him and he blames me for it. He was discharge 8/2002. He filed for unemployment for 6 months so the child support still came for a short while. However since he was discharged he has not found employment. He told me himself he would not find employment but instead go to school and let his lawyer wife provide him.

In 7/2003 he tried to get a motion in to reduce his child support but was refused by the courts. He is currently $4,500+ in arrears, nearly 8 months. We have no communication as there is a great deal of anger and resentment on both sides.

In my child custody order I had specific instructions that require him to provide me with 48 hrs notice of intent to exercise visitiations rights that require him to provide me with name, address and telephone number so that I may contact my children in case of emergency.

He consistently fails to provide the requested information which has allowed me to refuse visitation. He stopped weekend visits with the children after the extended summer visit of 2002. He still saw them at Christmas 2002 and Spring Break 2003 (even though it was my year, his mother asked me for permission and I let them go with her as she traveled all the way from Guam under the impression her son would have possesion of the children) He visited them again during the extended summer visit of 2003. Now he has begun visiting the children again for the weekends.

Granted I may have not made the best of choices but I have made visiting difficult. I know I should not mix child support and visitation in the same issue, however it is very difficult when the children are being bribed with what they could have if they went to live with their father. (they are 12 & 9) I have had to struggle with all my debts to continue providing for my children as they deserve. Now he is taking me to court for contempt charges in violation of the child custody order. It is laughable.

However, I want to provide a counter motion that includes enforcement and contempt charges for the back child support.

I would like to go pro-se. My previous attorney wants $2,500 as a retainer. His normal fee would be $1,500 but he wants an additional $1,000 because the ex always makes court an ordeal with his delay tactics. After more than 3 years and more than $5,000 already out pocket, I just can't stand the idea of paying yet another attorney for this.

I feel confident if I had some guidance I could get this motion taken care of myself. Can someone point me in the right directions so that I can file the appropriate documents correctly so that we go to court I can be sure the court will be able to address my motion as well as his?

Any and all help would be greatly appreciated.
 
Contempt

In the past while working with my Ex Husband in such matters- we used a legal clinic very inexpensive draw up all the proper contempt forms and if needed modifications. Once we did that and were presented a court date I than hired an attorney provided copies of all the foot work and had him show up in court for representation.


Saved me hundreds of dollars!

Here is a site I found for your state-

http://www.capitol.state.tx.us/statutes/fatoc.html
 
Status
Not open for further replies.
Back
Top