What can I do?


#1

You must not have an attorney or, if you do then you should fire him. ED should have been started within 30-90 days of seperation/divorce filing. Those are the court rules that the attorneys are required to follow. If, the judge does not hold the attorneys accountable, you should hold the judge accountable and request that he recuse himslef from the case and have a new judge assigned. Also file a Judicial Grievence with the NC Judical Commission! DO NOT let these judges intimidate you! Hold them accountable for their actions.

CS and Custody are seperate issues but, if he was ordered to pay and has not, then file contempt charges. Also, file a "Motion For Emergency Interim Order. It is very important that you file these and make a paper trail.

If, your X has held a job previously, then they will use the amount he earned to determine his imputed income.

Phil


#2

bump


#3

Dear almostdone:

Greetings. You can ask your attorney to contact the judge in writing and inquire as tot he status of the order. Otherwise, all you can do is wait and file more contempt motions. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

My attorney says this is the wrong move b/c this rule 60 “supposedly” should have been a slam dunk, and since the judge is obviously considering it then we dont want to keep filing motions or question the status b/c it will tick him off.

It has been over 6 months…How can the judge even remember everything anymore?? Also I havent seen any CS from my 6figure Ex since Oct.

The judge still hasnt made a ruling on it. Therefore, ALL of my contempt motions are pending the judges ruling. Court for the newest contempts(CS) is Mar. 20th. Cant I be seen sooner?? What if the judge continues it because he still hasnt decided…like the past3 contempt motions(yet to be heard)?? Can witholding CS be considered for an emergency hearing?


#5

Dear almostdone:

I already gave you my best answer. If your attorney does not want to push the jduge for a response, I would suggest speaking with a different attorney. Court is not a popularity contest - most of the time. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#6

Can witholding CS be considered for an emergency hearing? Can I file it w/out my attorney? Thank you.


#7

Dear almostdone:

Greetings. No, there is no wage garnishment motion that can be heard as an emergency. Instead, have your attorney set an entry of order hearing. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#8

What can i do if a meck. judge has taken over 4 months to make a decision on a rule 60??.. because of this he will not hear my contempt motion from my ex missing multiple cs pmts back in 5/06

Now During these past 4 months my ex has tried to make us suffer and cave in to take his newest settlement proposal. He has withheld 8 weeks of cs, causing me to have to take out loans to pay bills and even put food on the table. We have not followed the orders visitation schedule in over a year(we have done CS calc.B and every other weekend instead). Now he has ignored all atempts for me to meet him(text, email, phone) the past 2 weekends for his christmas time. He showed up unannounced at my 3y.o. sons preschool and took him Monday. He has now taken my son out of state on My Holiday time(we rotate…he had thanksgiving and vice versa last year).He says he is going to follow the order. Which if you go back to the inception he would have him until the 29 of Dec. Even though At thanksgiving time he was behind 5 consecutive payments and I still had our son stay with him and his family for 7 days(knowing it was best for our son and I would have Christmas). And he had christmas last year. My attorney tried to set up emergency custody hearing, but the only day the judge is there the other attorney is in court out of county(other attny says its not an emergency). My attorney wont file any contempt motions b/c she says we have to wait for a ruling on the 60. or it is a waste of money. I feel like the judge will never know how bad he is making us suffer because we are just waiting patiently. Is there anything I can do? I am wholeheartedly raising 2 very young kids working 25-30/wk at $12/hr just to be able to keep them fed. While my ex is making between over 150K/year. and not paying cs or even a single dime of preschool.