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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I filed contempt because my exwife will not drop my son off

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I filed contempt because my exwife will not drop my son off at the spot that is in the divorce decree, it says I-25 exit wellington,colorado what more do I need to do to enforce this I have copies of txt from her refusing to go

FiveStarLaw : *This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
FiveStarLaw : Welcome,My name is XXXXX XXXXX I will do whatever I can to answer your questions!
FiveStarLaw : Have you served your ex-wife with the contempt and set it for hearing?
Customer: yes set fot tomorrow at 9.30 am
FiveStarLaw : You will need to appear at the hearing and ask the judge to hold her in contempt. You can request that she be assessed court costs that resulted from having to bring the contempt
FiveStarLaw : ?
Customer: I understand that but what can I expect from this it is writing word for word to meet at the I-25 exit wellington colorado, what can she say or try to do, this has caused problems and she just laughs about it
FiveStarLaw : It sounds as if you have taken the appropriate action by filing a contempt action. A contempt action is not a joke. You can ask the judge to fine or incarcerate your ex-wife if she does not comply
FiveStarLaw : You have proof that she will not comply with the court order and you are now asking the court to hold her in contempt for that noncompliance
FiveStarLaw : Usually the court will assess the fees and then a punishment if she fails to comply
Customer: What will the judge do what will he listen to from her she is very good at making stuff up cant afford it have a new baby its raining its snowing
FiveStarLaw : You can bring the text to show to the judge and any other evidence that you have
FiveStarLaw : you can also ask the court to modify the visitation order if she fails to comply again – for example increase your time with your son
Customer: she tried this last fall and then qiut doing it after she realized that I had control of some of the weekends that she would like she sent me a txt then that says she will meet there from now on
FiveStarLaw : This is what you will need to tell the judge
Customer: can she ask for more money can she ask for change in custody at all
FiveStarLaw : The contempt hearing would not be the appropriate time for modification to custody or support to be heard unless it has been noticed. If she attempts to modify, you can ask the court to set a separate hearing
FiveStarLaw : Is there anything else that I can assist you with
Customer: I have txt, calendar filled out with dates that I have him were I picked him up here I dropped him off, reciepts for gas that I paid for to try and help with the drop off spot, pictures of her buying stuff online because she says she cant afford things
FiveStarLaw : you may show all of that evidence to the court
FiveStarLaw : it sounds as if you have taken the proper steps
Customer: she has a new baby and she says it is to hard for her to drive 49 miles one way I drive 80 miles one way
Customer: I dont trust her at all ,just want to know what she can ask or say to the judge
FiveStarLaw : It may be true that it is difficult for her as it is difficult for you. You can suggest considering a modification to the visitation to increase the duration of your visits so that she does not have to drive as frequently
FiveStarLaw : The purpose of the contempt hearing is not to change the court order but rather to enforce the order. Another hearing should be set if she seeks to modify
Customer: we have 50/50 joint legal custody at this point I just want her to follow the drop off and pick up no more no less
FiveStarLaw : enforcement of the existing court order is the purpose of the contempt proceeding.
Customer: so you say just ask for and show proff that she has been in contempt and ask for her to do it,
FiveStarLaw : Yes
Customer: Thank you
FiveStarLaw : if she wants to modify, ask for a separate hearing to be set
FiveStarLaw : It has been my pleasure to work with youPlease let me know if I can assist you in the future by requesting me directly.
Ellen and 3 other Family Law Specialists are ready to help you