CSE - Motion for Sanctions under Rule 11


#1

Recap of my situation:

I moved to FL from NC to take a job. I have custody of the children and there was no visitation order.

Ex filed a motion to modify custody and visitation. We had a partial hearing in Feb and the final hearing in June - he chose not to pursue and did not appear so the case was dismissed, but my claim for atty fees was held open. Hearing is set for 10/26. I am now pro se.

Three weeks later, he filed another motion for visitation. Per advice from this site, I filed a Motion for Sanctions under Rule 11 after waiting 21 days.

Separately, he filed a motion to modify child support in September. Our first hearing was in October. I traveld from FL to NC. He was not disclosing income from his band. The CSE judge continued the hearing until January, ordering him to bring three years of tax returns, financials, bank statements and his parents (to testify on their involvement).

In Jan, I again traveled from FL to NC and he did not have the 2008 tax return, hearing was continued until 2/23. Again, I traveled from FL to NC, he did not have necessary information and the hearing was continued one week (3/2). I again traveled to NC and it snowed, so court was cancelled. Hearing was reset for 4/6 along with a Show of Cause for unpaid medical bills. He showed at this hearing with his atty - they tried everything to get him out of paying medical, but it was ordered to be paid in 30 days. They also attempted to reduce child support - this time trying to claim daycare expenses for time he thought he would get after the custody hearing. CSE Judge said he could not rule since it was related to custody and they continued the hearing to Family Court (the 6/5 hearing).

He did not pay the medical bills, so we had a Show Cause hearing on Tues. He paid, but I had to travel to NC again. The money orders he paid with were purchased a month ago. He could have paid prior to the hearing, but chose to wait until the hearing just to make me travel. He even called me a week before the hearing and attempted to make a “deal” with me. He said he would overnight the payment to me, so I would not have to travel and the kids would not have to miss school if I would agree to his demands on visitation. I told him I would not be black mailed.

He has filed yet another motion to modify child support. Hearing has been set for 10/5. I have attempted to contact my case worker about filing a Mation for Sanctions for repeated filings. (BTW, he filed a motion to reduce in Mar 2008 and did not appear for that either).

My caseworker, quite frankly, is incompetent. She doens’t even understand what I am asking for or why. I have been told that filing a Motion on my own, effectively takes my case away from CSE. I’m thinking it may be the best thing to do right now, since at least my child support case would be in front of the same judge who is ruling in my custody/visitation mattters. Every time I have been in CSE court, there is a different judge and no one seems to know what is going on.

How can I take my case away from CSE and is that really the best option?


#2

You may proceed through district court, and I strongly suggest you hire an attorney to move forward with your Motion and to put and end to this once and for all.


#3

I appreciate your response and I will file a Motion on my own.

I would truly love to hire an attorney to take care of all of this, but after spending more than $10k on the first and getting absolutely no where, my funds are depleted.

Thanks again for all that you do.