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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89094
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Thank you in advance for your time! My Husband "Bob", divorced

Resolved Question:

Thank you in advance for your time!

My Husband "Bob", divorced "Jane" 12 years ago. He was court ordered to pay $$ for Susie until she was 18. He did- and generously so. Susie is now 19. Jane continues to sue us quarterly.... for additional $$$. (We had a windfall the past few years.) My question- is that the court also mandated a visitation schedule for Bob and Susie. Jane violated the courts and Bob hasn't seen Susie for 9 years. Do we have grounds to file papers against Jane?

Michelle
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for you situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Do we have grounds to file papers against Jane?

Bob did, but it may be too late, I am afraid. First of all, understand that support and custody - while related - cannot be argued against each other. In other words, they are two completely different matters. As such, whatever happened with the support issue does not "spill over" into custody.

If someone is not following a custody/visitation order, the party hurt may file a contempt procedure. The contempt procedure would have the party disregarding the orders for custody/visitation admonished, fined, and even possibly imprisoned for particularly brazen disregard of the orders. Otherwise, contempt is how one enforces the court's orders.

However, if the child is now 19, then there is really little to be done. If found in contempt, the standard procedure is to allow more time to make up for the missed time with the child. However, since the child is now 19, they can make up their own mind as to whether or not to visit Bob. So contempt matter here would be meaningless in that there really is no relief that can be sought. And the Court wants you to file contempt immediately after an event happens - not some time after. Since the child is now an adult, it is simply too late, I am afraid.

Ergo, I am sorry to say that Bob may not have the relief he seeks here for her not following the custody, since it is too late to file. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Dearest Ely-


 


Thank you so much!


 


Since the child is 19.... how on Earth can she still be coming after us.... his 2003 tax return......Ridiculous GREED!!!!! This should be OVER but she still finds ways to come after us. I'm tired and what can we do to "bite back".....

Expert:  Ely replied 1 year ago.
You are very welcome, M.

Since the child is 19.... how on Earth can she still be coming after us.... his 2003 tax return......Ridiculous GREED!!!!! This should be OVER but she still finds ways to come after us. I'm tired and what can we do to "bite back".....

She is likely stating that he still owes her arrears because the original calculation was not proper, and thus recalculated, he would still owe her money and did not pay her enough.

Bob may wish to consider threatening her with malicious prosecution. This is a suit where a party is attacked for frivolous litigation. The elements of malicious prosecution are:

(1) A criminal or civil judicial proceeding has been commenced against the plaintiff in the malicious prosecution action;
(2) the proceeding was instigated by the defendant in the malicious prosecution action;
(3) the proceeding has ended in favor of the plaintiff in the malicious prosecution action;
(4) the proceeding was instigated with malice;
(5) without probable cause and
(6) resulted in damage to the plaintiff in the malicious prosecution action.
Kalt v. Dollar Rent-A-Car, 422 So.2d 1031, 1032 (Fla. 3d DCA 1982)

Such a threat may make her think twice before engaging in further litigation.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.
Customer: replied 1 year ago.

Thank you Ely!!!!!!! You are brilliant and made my day!!!!!!


 


Be Blessed!!!!


 


Michelle

Expert:  Ely replied 1 year ago.
And you as well - be well.

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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.