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.