What do I do now?

North Carolina Divorce Law Divorce and Separation Answers
1

I have a Criminal Contempt Order from the Judge in Meck. County. NCP was ordered:
That Father shall be sentenced to thirty days in the Mecklenburg County Jail for his criminal contempt. Said sentence is suspended, and Father is hereby ordered to continue to pay his ongoing support and arrearage amount timely and as ordered in the future.

Ok. The father cancelled his visitation with the Child to go to another state to work, and stated that he would pay the rest of the support two weeks late. I waited two weeks and he did not pay the full amount, and it was the next month already. So for the month of September only half support was received. The first of October is approaching fast and the NCP to date has only paid half of Octobers support,(this includes the payment that was late and suppose to be the remaining amount for September.

I was told that I have to file Contempt Charges again. What changes? It seems that I still have to prove that he had the money or the means to make the payment, and he is self-employed. He does not deposit any money into their Joint checking account so supeona’ing that would not help. He does not have a accountant, he cashes all of his checks and keeps the cash in his pocket. So Do I have to prove that he had the means … again… to pay the full support? Or since the Criminal Contempt order was given I just have to prove that he didn’t pay the full amount and didn’t pay it on time?

What would be different about this case verses the others where I was trying to get a Contempt order against him?

He is considering stepparent adoption, but states that he still wants to see the child. He does not trust us to let him know when the child is wanting to see him and he thinks that we will not let him see her. So, he is very hesitant on Conscenting. The Child is building resentment toward him, because she feels that she is being forced to spend time with him, when she had rather be doing other things. If we force her to see him, It will just push the child away from him again. I believe it best that the child be allowed to come to him, when she wants to. Could my husband the stepparent petition for adoption based on him not paying the full support for over a year now?

What would be my best course of action to either, (A) make him accountable and pay his full support as ordered or (B) allow the stepparent adoption to take place or (C) get him to sign the conscent form.

2

You must file a subsequent motion for contempt based on the most recent arrears, the judge as already held him in contempt meaning that there has been a finding of his ability to pay.

I cannot advise as to the best course of action with respect to adoption and terminating the father’s rights. I would suggest you speak to a children’s therapist or social worker regarding this issue.

3

We do have a therapist/Social Worker, that has witnessed me being verbally attacked by the NCP’s wife during one all Adult Session. Yelling at me and blaming me for everything. She did state that she would not allow his wife to be at any more of the visitations, so that will be in her report for the review, later if their isn’t any stepparent adoption.

She has been working with the child and has stated that the child wants her step father to adopt her and she has been working on the child being able to communicate with the NCP and things seem to be going pretty good in their sessions. My Child is now ready to tell him herself, with the therapist beside her that this is what she wants. I do not know what impact that this will have on the NCP. But he will now have to answer the question when he is asked in court, What did the Child tell you that she wanted?

The therapist/Social Worker also had met with the child and confirmed that she had anxiety and nightmares and other issues that need to be dealt with. This includes the hostility that they are creating in the situation. I myself try to avoid conflict and when she (the NCP’s wife)was yelling at me, I let a few of her comments slide, even before I started defending myself, but I did not yell at her, I just spoke the truth, as I saw it.

How can this be used legally to prove the point that this is NOT in the best interest of the child?

NCP does not fully support her, NCP and his wife have created animosity from the child, by forcing her to spend time with them when she doesn’t want to, and NCP’s wife verbally attacking me infront of the therapist that will be testifying in Court at our next review.

Therapist also informed us, that NCP mentioned to her that the reason that NCP and his wife filed against me and came after the Child was that the NCP wanted a child and the NCP’s wife can not give him one.

NCP mentioned during our meeting that he talked to several different people before he filed the Order and that everyone told him that he would be paying half of what he was ordered to pay. So he has not attempted to pay anymore than half…Plus the NCP still has a lawyer… How can he afford a lawyer, when he can not afford to pay the full support?

Something that I did ask his lawyer, was this… If I am to the point that I can not even afford a lawyer and I am attempting to do this ProSe, and he is suppose to be supporting his child, but he is not supporting the full ordered amount… (that he asked for by filing against me), but pays for a lawyer… How is this in the best interest of the child? When the best interest of the child is suppose to be paramount? How is it justified? If you are suppose to be upholding the law, and the best interest of the child is paramount, how is his lawyer doing any justice?

4

It can be used as evidence that the child’s best interest is not to be with the father, however it is still ultimately up to the judge to decide after weighing all factors. A child is not competent (legally) to decide what is or is not in their best interests. The therapist can also be called to testify.

As far as the lawyer goes, the court does not require that one forego representation to pay child support, but may inadvertently force him to do so with the threat of jail.