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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89094
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I filed an order to show cause to stop the order that I bring

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I filed an order to show cause to stop the order that I bring my 2 and 3 year old to NJ for parenting time as it would require me to walk on Route 46 and highways without sidewalks. The reason I would have to walk is I do not have money for a cab to take me from the train station to the police station where my ex would pick up.
The motion was heard last Friday. The judge ruled that I rent zipcar for the trip. This does not give carseats for children, I would have to carry to zipcar as pick up location which is several blocks away from my home. Despite the fact that I said I did not have money, I have to rent zipcar for Saturday's trip. I make $250 per week. I have to pay daycare $50, leaving me with $200 for other things. My rent is $1000 per month. I get $202 per week in child support. My ex's lawyer said I should use that money too. After all the food, clothing, utilities and credit card bills I am left with very little to do anything else, much less rent a vehicle. I told the court, I have to pay tolls and gas for the 50 mile trip. It was still ruled that I go.
A lot of the info I am finding out only now, should I go and get the receipts for the tolls and gas and the zipcar and all my bills i have to pay that would show I am spending about $320 per month for a vehicle for only a few hours and then file a motion? I would have to borrow money to do this test trip.
Or should I appeal the decision because I really did not budget for this expense every week and I do not know how I am going to cope with the added expense which is being used so that the ex who makes $100,000 per year and has a minivan can see the children but he only does the driving one way. I have to "equally" transport the children according to Judgment of Divorce. Don't know what to do.....the financial burden and the hardship accompanied without having a vehicle is impossible to do the trip and do not know what to do next. Please advise.....file a motion after doing trip or file appeal and do not borrow the money and let ex know kids are ready for pick up but I cannot do the trip and then appeal the judge's decision?
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me what date the judgment was made, so I can see if you have time to appeal, still?
Customer: replied 3 years ago.
The jod was oct 28, 2010. I used to be able to do the trip as I had the family minivan but since ex said he didn't want to pay ny insurance the vehicle was returned to dealer. Ex also used to pay transportation costs. Last friday was the order for zipcar.
Expert:  Ely replied 3 years ago.
Thank you. Actually, it is too late to appeal the issue since you generally have only 30 days to appeal. Here, what you will have to do is to file a Petition for Modification in the same Court. Your two arguments should be:

-the burden is not equal and is unfair, and more importantly
-the requested modification is "in the best interest of the child."

When you file, the Court will likely mandate mediation as part of the suit - this will be your best option to get a mediated agreement with what you seek, I believe.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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Customer: replied 3 years ago.
Thank you...one last question....should I do the trip on saturday with borrowed money to prove the expense or if I do not will I be held in contempt/violate the court order while I file the petition?
Expert:  Ely replied 3 years ago.
My pleasure.

You have to do what is in the decree, or else the other party may file for contempt, but it is up to the ex, not the Court, to file for contempt. So if you do make the drive as necessary, I would indeed have documentation that this is borrowed money, and you cannot do this again.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 3 years ago.
Thank you!
Expert:  Ely replied 3 years ago.
You're very welcome. Good luck, and please don't forget to press ACCEPT - it's the only way I get credit for my time with you.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.