How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85089
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Issue Dec.09 filed motion in court to have permission to have

Resolved Question:

Issue: Dec.09 filed motion in court to have permission to have son (with ADD and not making it through high school) enroll in therapeutic school; motion included that I would initially be 100% financially responsible for cost while reserving the right to return to court for relief from father after son's progress was documented that he was doing better; if he did not, the father not responsible for $$$. Judge did not rule but sent us to parenting coordinator with a ME directing us to work with parenting coordinator to select a school; and I would be financially responsible. Father wanted additional testing for son; testing provided new diagnosis of EH (emotionally handicapped) which then parenting coordinator said it was not a desire/wish by mother for son to attend a therapeuti residential school, that it was a need as son could totally fall apart and this was adding to his failure in regular high school. Parenting coordinator set 8 criteria for schools for father and I to look at.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



What is your question, exactly?



Customer: replied 4 years ago.
Several questions--can I return to court to obtain financial relief based on my motion, based on the change in diagnosis for my son? Father insisted on the testing that provided the additional diagnosis of EH which is, as the parenting coordinator stated, a totally different level on top of the ADD/ADHD challenges. Does this change things in the eyes of the court as to assessing financial relief to the father? Father is stating he only supported the school choice because I was paying for it and we are talking about $40,000. What can I do to protect my rights to receive financial help at this point?
Expert:  Ely replied 4 years ago.
We're talking in addition to child support already paid, yes?
Customer: replied 4 years ago.
Yes, child support already paid; our divorce decree states that we split medical, psychological, etc. 70/30--with father paying 70%. Father has never paid 70% of medical bills even though I have provided him receipts. Father actually stopped paying the school tuition for son two years ago when son was in a residential school that father would not allow him to continue in. But in the middle of the summer semester sent me an email stating he would not be paying any more if I did not do x,y,z...and either I paid or go pick up son. I paid the remaining tuition due.
Expert:  Ely replied 4 years ago.
Have you filed contempt on the non-payment, btw? Or no time since still dealing with this?
Customer: replied 4 years ago.
Never filed anything...gave father all the receipts, etc. and he said he lost. Also, I have never pursued additional child support with his salary and son lives with me just about full time. Father has remarried and isn't in son's life much at all.
Expert:  Ely replied 4 years ago.
Two things. What you have to do is to file a Motion for Enforcement by Contempt. A Motion for Contempt (MoC) is essentially the device you use to make sure the other party follows the temporary or permanent orders set out by the Judge. It doesn't matter when the original orders were - 5 weeks of 15 years ago - as long as they are still alive, they are binding.Once a MoC is filed, a hearing date is set, and the other side is served. At the hearing, you or your attorney outline the things that the other side has not lived up to (which would also be spelled out in the motion). The Judges do NOT like it when their orders aren't followed (theirs, or their predecessors - all the same). They will demand a reasonable explanation, and by reasonable, I mean a life/death/imminent harm reason.When they get none, they will verbally admonish (i.e. scream) at the them, and then tell them that they have 15/30/however many days to do what they have to. At your request, they can also be made to pay for your costs in brining this motion (attorney costs and service, etc). An enforcement hearing will be set later. If they STILL do not perform, the Judge may assign punitive damages, or even imprison. Repeated contempt will hold a jail sentence to set them straight.As for the finances for the special circumstances - you need to file a MOTION FOR CLARIFICATION. In it, show the Judge all the facts, evidence, etc...get physicians to testify if possible. If the Judge agrees, the dad will be made to pay the extra costs. PERIOD. It's subjective, so lay it on thick.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.

Could you clarify-Motion of Contempt of what exactly? Is this due to father not paying the medical bills?

As far as the other, is there a special form for the motion for clarification?

Can I still take and enroll my son to the therapeutic school that the parenting coordinator, myself and father had agreed on?

 

Expert:  Ely replied 4 years ago.
"Could you clarify-Motion of Contempt of what exactly? Is this due to father not paying the medical bills?" YEP."As far as the other, is there a special form for the motion for clarification?" BOTH CAN BE FOUND AT LEGALZOOM.COM OR NOLO.COM

"Can I still take and enroll my son to the therapeutic school that the parenting coordinator, myself and father had agreed on?" YES, IF THIS IS ALLOWED IN YOUR ORDER AND EVERYBODY IS PROPERLY SIGNED OFF, GO FOR IT, BUT THERE IS NO GUARANTEE OF HIS PAYING THE EXTRA $$ UNTIL AFTER MOT. FRO CLAR.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
















Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85089
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you, XXXXX XXXXX look at legal zoom and see what I can find to file.
Expert:  Ely replied 4 years ago.
Good luck. Kick butt!!!
Customer: replied 4 years ago.
Thank you---I'm going to try just to do what is right for my 17 year old son...did I mention he is adopted and then his "father" walked out on us about 7 years ago....it's been hard and I'm sure has attributed to his condition worsening...though I know that is not a legal matter. Thanks again.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
 
 
 

Meet The Experts:

 
 
 
  • Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney