Contempt, Review, reunification, and attorney fees

North Carolina Divorce Law Divorce and Separation Answers
1

I have filed with the Court three separate contempt charges to be heard on the same day. How will the Judge determine what is civil and what is criminal contempt. NCP and I have a Court Order that states he owes X amount in child support, X amount retro active child support, and 32% of Out of Pocket Expenses. NCP pays only half of child support, nothing to the retro and none of the OOP Expenses.

NCP claims he is unable to find work. He is self employed. His wife is now unemployed and they claim she is paying the bills and the half of support that we are receiving. They keep claiming to file for modification. Is the rule that it must be three years and a 15% change in circumstances or is it that it can be three years OR a 15% change in circumstances?

In the order, I received Permanent Sole Legal and Physical Custody, He received Temporary Supervised Visitation with therapuetic reunification with my child. Basically, he had never seen her or called her or done anything with her and out of the blue filed charges against me to completely take her and for me to pay him support. We have been in supervised visitation for over a year. The first therapist told us both to find another therapist as she could not meet our scheduling needs.

My husband and I found another therapist, but at this time, my child was experiencing wetting herself, and extreme clingyness to myself my mother and my husband. My child has also stated that she felt uncomfortable talking to the NCP, because she did not want to hurt his feelings. But was unable to tell the NCP exactly how she felt about the situation. So we requested that the therapist help her to be able to communicate her feelings and to understand that her feelings are important also.

NCP lawyer has scheduled for review, of Temporary Supervised Visitation and has not completed his reunification therapy with the therapist and has not even started with the new one yet. I have documented the full year of visitation and basically he spent about 45 minutes of one on one time with her during his four hour visitation time.

He has not called the child, and we have told him numerous times that he can and it is okay for him to call anytime that he wants to. Even have it in writting in email. How can his dis-interest be proven to a Court system that always seems to think that it is the child’s best interest as long as the NCP isn’t a rapist or a killer?

Attorney fees have been filed also and we are asking a review of this, It was deffered until a later date. At this time, my husband and I are doing our best to still provide for my child, with very little help from the NCP and the major bulk of expenses not being paid by him and still trying to abide by the order as best we can.

2

The judge will have the discretion over whether your ex is in civil or criminal contempt.
As for the modification, the guidelines state that child support will be recalculated after 3 years AND a 15% change in income, however I have seen the courts modify support in different circumstances, such as job loss or a greater reduction income.
The courts make every attempt to allow a child to develop a bond with both parents, however in some cases it is determined that visitation is not in the child’s best interest. You will need to be prepared to present evidence of your child’s reaction to him and the effect his disinterest has had.

3

As of Aug 1st. I am looking at ongoing support having a total of arrears of 2K. retro arrears of $26k in which $11 hundred was suppose to have been paid already. and out of pocket expenses of $100+.

Is there other guidelines that states what remedies would be used to enforce this amount. Nothing has been done to the NCP yet. Are there certain remedies/or enforcements that the judges usually attempt to use more often to get the NCP to comply? Or are their multiple things that different judges use?

If the NCP is self-employed as is responsible for finding his own work, in order to get paid. Can he legally claim that he is unable to find work as a reason for the 15% change in income? Can he claim that his wife is unemployed and this has created the 15% change in income? (When her income was not used to calculate the order.)This order is not but a year old.

I have filed evidence from the therapist of her recommendations, in her own letter/letterhead that I filed with the Court. Her statement includes that the child is simply apathitic toward him, but does not dislike him. She includes that their is lack of a bond between the child and the NCP. She recommended stopping the visitation, until such time that she could meet with the NCP and see the interaction between them.

It appears that she (therapist)is going to attempt to try and help them create a bond.

4

Based on these facts there is no question that your ex should be held in contempt, and the punishment/ remedies do vary by judge.
After the evidence has been presented the court may order that your ex begin looking for work (outside of his business) if he is found to be intentionally depressing his income.

5

What do I need to do, or can I request a execution of judgement.
Would this make everything past due, possibly ordered to be paid immediately. Including or not including any retroactive support.

What exactly would this do to my case. Would the judge possibly reduce the amount for judgement? or can they?

any ideas as to what this would actually do?

If I decided to do this would I just ask for this in the court room? or would I need to file for it?

6

If a judgment is already in place your remedy is to file for contempt. The ex can then be threatened with jail time for not making payment if in willful violation of the order.

7

I want to Thank you for all of your information. This is the best site that I have ever been on. You answer all questions as honestly as you can with the information that you have been provided.

Granted you only hear one side of the story and have no idea what the judge will do in most cases.

I am extremely greatful that we (everyone on the site, myself included) can find a lawyer that honestly cares for the public, the children and their families.

Kudos to you and your team at Rosen…

Thank you from the bottom of my heart.