Contempt of Court Question


#1

I have a problem and need to know how the Court may see a situation. Ex and I have an Order that states he gets his first choice of two-week period for summer visitation this summer. He has asked for a period in June.

Separately, we have a Child Support Order that states he is to pay half of uninsured medical bills. He hasn’t paid a dime for 2009 or 2010 so far. We had a Show Cause hearing last year for the same thing (2007 & 2008 expenses), he was ordered to pay in 30 days, didn’t pay and another Show Cause hearing was scheduled. He paid at that hearing. CSE is filing another Show Cause and it looks like the hearing will be in June, but I don’t have an exact date yet from CSE.

I responded to ex’s request for summer and stated I could not commit to a time because I was waiting for a hearing date. Oh, sorry, significance here is that I’m in FL and he is in NC. We meet to exchange and I will have to be at the hearing in NC.

I know technically I would be in violation of the visitation Order because he is to receive his choice of first two weeks, if he were to file for Contempt, but would the Show Cause hearing be a mitigating factor? I mean, I’m only in this situation because he hasn’t followed the court’s Order in the first place.


#2

Unfortunately the Court will view these items as separate entirely. I understand your wanted to plan your travel accordingly, however you are bound by the Custody Order to give him the weeks he requested this summer.