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socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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my ex giving me problem with visitation. Hes blending all

Customer Question

my ex giving me problem with visitation. He's blending all the court order and breaking them. He was ordered to pay child support. But he still hasnt paid. What should i do. Everything is in court order. But I cant take these pain he's giving me. i want to remove all visitation he has.
Submitted: 3 years ago.
Category: Family Law
Expert:  socrateaser replied 3 years ago.

Child support and custody/visitation are separate issues.

1. If your ex is not paying support, then you file the following forms:

FL-410*1/1/2003Order to Show Cause and Affidavit for Contempt
FL-411*1/1/2003Affidavit of Facts Constituting Contempt (Financial and Injunctive Orders)
POS-0407/1/2011Proof of Service-Civil (Proof of Service)

The POS-040 is filled out and filed after you serve the other two forms on the other parent. You must serve the parent personally. You may need to have the sheriff or a private process server do this for you, unless you can find a friend who is willing to do it and then fill out the POS-040.

If you have difficulties understanding how to fill out the forms, then the court family law facilitator can help, if you visit the courthouse.

For contempt of the visitation orders, proof is very difficult. Generally, it's better to file an Request for Order (FL-300) and request modification of the current visitation orders, on grounds that the child is being confused by the other parent's constant violations, which are traumatizing you, and causing stress to the child. Here are the forms to modify visitation:

FL-300*7/1/2012Request for Order
FL-300-INFO7/1/2012Information Sheet for Request for Order
FL-3117/1/2005Child Custody And Visitation Application Attachment
FL-320*7/1/2011Responsive Declaration to Request for Order
POS-0407/1/2011Proof of Service-Civil (Proof of Service)

For the request for order, you do not need to serve the other parent personally, but you can serve both this request and the contempt at the same time, if you choose. Or you can serve the request for order by mail. If you choose service by mail, then you can file the POS-040 after you mail the other documents, which cannot be mailed, until you have them stamped by the clerk (same as with the contempt action).

Once again, if you are having difficulties with the forms, the family court facilitator can assist you in filling them out -- if you visit the courthouse.

Please let me know if I can be of further assistance.

Customer: replied 3 years ago.

how will I bet him. This guy has so many tricks. He claims he's working but not making enough. He just text me that hes smarter then the system and thats why he's getting away with it. Who will I win this case if this dead bet dad refuses to follow orders and breaking them.

Expert:  socrateaser replied 3 years ago.
If he has a job, then his wages can be garnished. If he won't work, then the court can hold him in contempt. You can apply for services with DCSS if you don't want to try to force him to pay yourself. But, DCSS won't go after him if he is self employed. He must have an employer.

It's up to you to try to make the system work. No one is smarter than the system. But, one thing is absolutely certain: if you don't fight for your rights, then you will lose them.

Hope this helps.
Expert:  socrateaser replied 3 years ago.
My answers are legally accurate and designed to help you in the best way possible.

Please tell me what you find "bad" about my service and I will try to assist you further.

Thanks in advance.

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