Greetings. I know that you will hate this, but it is generally easier and quicker for the court to hold you in contempt for withholding the child, than it is for the court to hold him in contempt for failing to pay child support. Do not get me wrong, he needs to pay his child support in a timely fashion and you need to file a Motion to Show Cause each time he does not, so that you can teach him that there will be a quick consequence for not paying.
Now, he can pay you the money and make it up, but he can not truly “make up” time lost with the child. What you are withholding from him is much more precious than money. I generally believe that the judges get more angry with parents that withhold children than the parents that withhold support. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 RosenDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
I forgot to ask again, does the magistrate in the county have the authority to arrest me on contempt charges, for not letting him have our child or does he have to get his attorney to take out the charges?
Also, I tried to edit my post, but it stated my post was a “locked” post. Could you please tell me how to change this on my computor. Thanks.
Greetings. First, thanks for the kind remarks. As you may know, we now work in Mecklenburg County also, not just Wake.
No, the magistrate should have not have authority to arrest you for contempt. Contempt is not a “charge” so to speak. You have to go to court and ask a judge to hold someone in contempt for not following a court order.
As far as editing, I believe that the only way to edit the posts are to post a revision immediately after making your post. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 RosenDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Thank you for your answer to my last post, about child support.
My ex. is now getting one overnight visit every other week end. Since he can’t or want pay his child support, I am thinking about not letting him have these visits. OH! I know these two are separate, however, if he can’t support his child, how can he feed the child when with him. If he doesn’t get in trouble for not paying child support, who’s to say that I will get into trouble for not carrying out my orders of visitation. He is always late in picking our child up. Can’t do anything about this until we go back to court for the final hearing, or so I have been told by my attorney.
How do you feel about this visitation. Someone told me that my ex. could get the magistrate to have me arrested on contempt charges if I don’t let him have the child for visitation. Is this correct?