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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42158
Experience:  30 years as a family law lawyer .
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I have a legal consent judgement from 2006 stating that I have

Resolved Question:

I have a legal consent judgement from 2006 stating that I have the house, timeshare, covers custody issues and child support. I have filed for divorce. Defendents attorny has sent a letter saying I am trying to alienate the child (which I am not) saying I didn't return all of the belongings (on the attached belonging sheet most of it is not in the consent judgment to be returned to him. some is and my son said that his dads girlfriend had it) also he is saying that I took money from his personal account (that I had no access to) charged his phone with ringtones (my phone disconnected 2007 but the charges incurred in 2008) and that I owe him money. but he will not proceed with these issues if I agree to give my spouse half and half custody and if I do this I will get mothers day weekend. There was a typo and I didn't catch it before I signed it and he gets fathers day and i should get mothers day. How do I prove I don't alienate and he gets very liberal visitation so I don't want it to
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. Respond to the lawyer here and give him your version. I think that he is reaching here. If it isn't true then point that out. Don't blame the lawyer here he just took the other person's word here. If this isn't true then let him know.

He may be threating you with court but you can take your chances with the judge here rather than give in to blackmail. That is really what this is here. If you give up custody here then you may then loose support as well if it is 50-50%.You may respectfully XXXXX XXXXX offer after you set out your version of the facts. I wish you good luck here..
RayAnswers and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.

He has not quitclaimed the property, the timeshare or has not paid any child support. Do I have to prove I didn't return the items (some of which I have, some i don't know what he is talking about) or does he have to prove I didn't? Also do I have to prove that I am nt trying to alienate? I am not. i truly want them to ahve a good relationship and the fighting to stop between us. He tells my son I am a liar, its all my fault, my sister is a lesbian, my parents are to blame and on and on. I jsut want us to get along like others in the same situation. If you have a consent judgment and dropped the dvpo how often does the custody and property change in divorce or does the legal papers stand?

Expert:  RayAnswers replied 8 years ago.
You can fiel for contempt here for the noncompliances here under the orders previously entered by the court. They can jail or fine the person here to enforce compliance.The alienation part is just smoke to me here.

You could refute this with testimony if it comes up at hearing. For that matter you can argue they are the alienaters here. You may well have to file contempt here becasue to me they are telling you they aren't going to follow the prior orders. It should have happened by now. I am sorry that you have to deal with all of this but I can't see them at all cooperating.
Customer: replied 8 years ago.
He writes lots of stuff down whether true or not. do I have to have a written journal to dispute everything he has written or will a judge look at this as permissible evidence. He said/she said. Do they usually change the orders for property and custody without just cause once the agreement has been signed just because I hadn't filed for divorce in two years?
Expert:  RayAnswers replied 8 years ago.
I don't think the corut will change them here because there isn't just cause. A journal here is a great idea to try and refute. It is so hard to remember everything in the heat of the moment. So yes it would help you here no doubt in this battle. Good luck with all of this..