HELP! My Ex is not obeying our court order!

[stuvie3903]

My ex-wife and i divorced after 7 years of marriage. We have joint legal custody of our kids who are 12 & 8 years old, with myself having visitation and her full physical custody. Long story short, i lost my job last year and couldn't afford to see my kids for 11 months. Finally got back on my feet, and attempted to see them again. She denied me and basically told me she wants me out of their lives and i was not going to see them. She has remarried, and doesn't want the bother of dealing with an ex I think. I attempted to pick them up for 4 straight weeks, and sent in complaints to the FOC each time. She got a lawyer. Then I got one. My question is, in our divorce agreement is says that if either party fails to abide by the rules of the court order and the other party has to hire an attorney then the party at fault shall pay all fees. I am $7,000 in debt now with my lawyer. Can i take her to court for not following the court order and make her pay my fees????? I can't afford it with child support! Please help!

 

[irish223]

My ex-wife and i divorced after 7 years of marriage. We have joint legal custody of our kids who are 12 & 8 years old, with myself having visitation and her full physical custody. Long story short, i lost my job last year and couldn't afford to see my kids for 11 months. Finally got back on my feet, and attempted to see them again. She denied me and basically told me she wants me out of their lives and i was not going to see them. She has remarried, and doesn't want the bother of dealing with an ex I think. I attempted to pick them up for 4 straight weeks, and sent in complaints to the FOC each time. She got a lawyer. Then I got one. My question is, in our divorce agreement is says that if either party fails to abide by the rules of the court order and the other party has to hire an attorney then the party at fault shall pay all fees. I am $7,000 in debt now with my lawyer. Can i take her to court for not following the court order and make her pay my fees????? I can't afford it with child support! Please help!

You can certainly request it, but I can't predict if the judge will order it.

Of course she is in contempt of the court order, but she may also have an argument in that you didn't see your children for nearly a year. Did you at least make phone contact during that time?

 

[stuvie3903]

Yes, I did call them. I just dont think it's fair that i have to pay all this money b/c she is trying to make the rules. I agreed to her request of no overnights for a month, I agreed to all of her terms for one month. Fact is, my kids know who i am and do not need such an extreme reintroduction period like she wants. She is now trying to deny me my weeks in the summer with them. As long as she gets half my paycheck and doesn't hear me, or have to deal with me, all is fine with her. Sad.

 

[Duranie]

What does your attorney intend on doing? You should petition the court for mom to be billed your legal fees since she is in contempt.