I made sure he attended every one of the 24 sessions. I have the bills that shows every session attended and paid for. But how am I going to get him in the car to meet his dad for this session when he’s is refusing to do so. And he told them both in the last telehealth session that he’s not ready.
What else am I supposed to do. I have him in therapy with two different therapists and an acupuncture therapist and all 3 tell me the reunification therapy is stressing him out and fueling his anxiety. He’s not himself anymore
You can’t physically get a 15 year-old in the car like you can a toddler. Therefore, you cannot be held in contempt of a court order requiring you to ensure your teenage child attends reunification therapy or visits with the other parent if you are doing all that you can to encourage him to go, you are documenting your efforts, etc. and your child refuses to go.
You can only be held in contempt of a court order if you are in willful violation. You not willfully violating the order if you are doing everything you can in good faith to get your son to go, but your son is refusing to go.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. It’s probably the worst situation I’ve e we been into. You are left out of the process completely yet you are supposed to deal with the backlash if things didn’t turn out the way they want it to turn out. Sad.
I have another question. My attorney says I have to punish my son if he does not refuses to go see his dad. Is this true. I told her I can’t force him to see him and play video games with him. She says you will have to punish him. What in the world?
This may not be entirely supported by case law, but your attorney is familiar with the judge and is familiar with how the judge in your case might rule under certain circumstances. Either way, you should document all of your efforts so you can avoid the other side saying you are willfully violating a court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Okay. Thank you. I think that’s the only way to get out of the reunification therapy based on what the therapist told her. She said they have to stick to a plan in order to stop the therapy. So I will force him I guess.
I have one more question. Where and how do I document that I’m forcing him to attend these sessions. Today he was adamant not to attend and I told him I’ll take his cell away. Where and how to document these instances
It’s best to keep a log (on paper, on your computer, on your phone) that is organized by date with a brief summary of what happened, what you did to encourage your son to go, etc. If you ever needed to testify, you would have all of that information already organized and you wouldn’t risk inadvertently testifying incorrectly due to incorrectly remembering a certain day or specific event.
Your attorney could even take it a step further and use your log to create illustrative evidence of your verbal testimony for the judge, if he or she thought that would be helpful or useful in your case.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
You are the best. I wish I hired you. I will be sending you referrals
I have another question:
My Ex cashed his pension plan in 2017 used some of it and put the rest in an investment account. We separated in 2018 and divorced in 2019. Is what’s left in his pension plan part of the equatable distribution? I didn’t know about it till I pulled his bankruptcy paperwork. As far as I know he didn’t report it as income in 2017, or in 2018.
Assuming the pension was acquired during the marriage and it accrued during the marriage, then it is marital property and any funds existing at the date of separation should have been included in equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have one more question.
My Ex is suing me for alimony. We were married for 15 years. The first 5 years my pay was a lot higher than his. But starting in 2009 the difference narrowed down to 20k to 25k difference. By 2017 it was 15k with me making more than he did. Would he be getting alimony? Knowing he was never depending on my income he just chose not to contribute to the bills. He was never a stay at home dad. He cheated on me but gave us a new cell for the analysis so there was nothing on there. But I have phone records and they are still together
You may or may not have a small alimony obligation. In order for him to receive alimony, you must be considered the supporting spouse and he must be considered the dependent spouse. The dependent spouse is the spouse that was actually and substantially dependent on the other spouse for their maintenance and support. It sounds like you may have strong arguments in your favor related to this point.
Also, if you are able to prove that he committed an act of illicit sexual behavior during the marriage (between the date of marriage and date of separation of which you did not condone), then any entitlement to alimony he may have, if any, is destroyed and he would be precluded from receiving alimony from you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have another question.
My Ex shared something about our son with the Reunification therapist. She went and shared it with my son’s therapist without my consent or my son’s. She even told my son’s therapist she does not know if it’s true considering the source. Yet she told her anyways.
My son was so embarrassed and angry. Mind you The information shared was not that my son was a threat to himself or anyone else. What does the law say about this situation.
If the reunification therapist did not have a release/authorization from the parents or a court order to discuss with the therapist. then you can make a report to the NC licensing board that maintains the reunification therapist’s license.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I gave my son’s therapist signed release to discuss my son’s diagnosis with the RT therapist.