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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118217
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am in the midst of a custody battle daughter. Since 2007,

Customer Question

I am in the midst of a custody battle for my daughter. Since 2007, upon divorcing it was established in court that my ex husband was to pay 600$ a month in child support. Up until 2014, these payments were not made and arrears, interest and fees built up to a total of over 20,000$ in arrears. Recently, my ex husband aggressively battled for full custody, for reasons of not having to legally pay child support any longer. Ultimately, full custody was granted to him for my daughter and none of my rights have been fulfilled. I have visitation rights which I still have yet to be granted, and I have been ordered to start paying child support. I was recently arrested for failure to pay, but I think it is odd that I have to start paying child support and was arrested after a short period of time when my ex is clearly in contempt of court with his arrears totally 20,000$. I would like to fight this and get my daughter back. What is the best way to approach a judge with my records, facts and complaints?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The best way to present the evidence is presenting the court order as part of your motion for an order to show cause for contempt to ask the court to not only order payment of the $20,000 in arrears but also to suspend his driver's license and passport for his failure to pay support. Also, if he is not providing the visitation, the court will want witnesses if you have them to testify that he is not honoring the court order for visitation. Then to tie these two together and show a pattern, you argue that the ex has complete disrespect for the court in that he has continued to refuse to honor court orders to pay support and now he is refusing to abide by the court orders for visitation. You need to establish with the court that no matter what the court orders.

You should be using a local attorney on this matter, because it significantly increases your chances of success and if you win your contempt motions he would be ordered to pay your attorney's fee for a penalty for forcing you to take him to court.

Any records you produce have to be "authenticated" in accordance with the rules of evidence, which means you need to get the author of the record or the keeper of the record if it is a business document subpoenaed to court to testify and you have to ask that person to identify the document. Once they identify the document you ask them if that document is the correct representation of the document they created or kept in the course of business. Once they agree it is, then you tell the court the document was properly authenticated and ask for it to be admitted to evidence.