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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Issue Dec.09 filed motion in court to have permission to have

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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.
Hello,



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



What is your question, exactly?



Customer: replied 7 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?
We're talking in addition to child support already paid, yes?
Customer: replied 7 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.
Have you filed contempt on the non-payment, btw? Or no time since still dealing with this?
Customer: replied 7 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.
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.



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Customer: replied 7 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?

 

"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 and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you, XXXXX XXXXX look at legal zoom and see what I can find to file.
Good luck. Kick butt!!!
Customer: replied 7 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.