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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41519
Experience:  30 years as a family law lawyer .
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I have filed a motion to compel and motion to hold in

Customer Question

I have filed a motion to compel and motion to hold in contempt
My X's lawyer filed a motion to dismiss
her response is "moves the court to dismiss respondent's motion to hold in comtempt and respondent's motion to compel for reasons neither filing states a claim upon which relief may be granted.I can send you the documents
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer! My name is Maverick. (Here) is my profile. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Customer: replied 1 year ago.
I have attached my motions and thier response
Expert:  Maverick replied 1 year ago.

If this is a divorce matter where you are filing a motion to compel and you already previously filed a petition for divorce, then the lawyer's response to dismiss for failure to state a claim is not really appropriate as a motion to dismiss is used to address that a petition itself should be dismissed; not that a motion should be dismissed.

I was not able to open any .docx files so you may want to upload them in the .pdf format. Also, please know that document review is done under our premium services offer. I will send you an offer if you want for me to continue the review.

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Customer: replied 1 year ago.
The divorce was finalized but there have been motions and agreements post divorce decree
I was told that I could file a motion against the divorce decree if it is a contempt
In short, we are reading the divorce decree differently and I am trying to get in front of a judge to explain to the x that she is mis interpreting it.
in short I pay 80% for any expense that is agreed to in advance
My x wants to send the children to private school and expects me to pay 80%
something like this happen last year with preschool where she switched schools at the last min and I ended up paying 4 times what I agreed to.
In Long
According to the parenting plan. Section V sub part CExtraordinary Expenses: Father shall pay $250.00 and Mother shall pay the balance of the costs of the children to attend the Child Development Center for pre-school, including any enrichment classes for each child. Otherwise, Father shall pay 80% and Mother shall pay 20% of any extracurricular and extraordinary expenses incurred on behalf of the minor children that are mutually agreed to in advance. For purposes of this paragraph, extraordinary expenses shall include, but are not limited to, the cost of tutoring sessions, special or private elementary and secondary schooling to meet the particular educational needs of a child, camps, lessons, travel, and other activities intended to enhance the athletic, social or cultural development of a childMy understanding of Section V sub part C is unless I agree to private school, Xwife has to pay 100% of the cost, Her remedy is to go to mediation to try to resolve this issue. which she refuses to do.From section IV:Mother shall have sole legal custody. Nevertheless, Mother and Father shall confer and attempt to agree on issues affecting the growth and development of the children, including, but not limited to, choice of religious upbringing, choice of school, course of study, special tutoring, extracurricular activities (including, but not limited to, music, art, dance and other cultural lessons or activities, gymnastics or other athletic activities, choice of camp or other comparable summer activity), medical and dental treatment, psychological, psychiatric, or like treatment or counseling, the choice of particular health care providers, child care providers, the extent of any travel away from home, part or full-time employment, purchase or operation of a motor vehicle, contraception and sex education, and decisions relating to actual or potential litigation on behalf of the children. Mother shall give good faith consideration to Father’s position concerning any issue to be decided. However, should the parties not agree, Mother shall be the final decision-maker.My take on what this means is:If The X and I don't agree the X can decide to send Chelsey to any school she wants.If Angela sends Chelsey to a private school I am not obligate by the parenting plan to pay any portion of the cost of the school
Customer: replied 1 year ago.
My concern is since last year the same judge allowed her to change schools and force me to pay because he did not want to remove her, I am guessing he will do the same and force me to payBy filing this motion I am hoping to get in front of the judge and have him decide or weigh in on the issue before my child starts school
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Yes she can file where she is located and seek to have the court issue such an order.Have her gather copies of the correspondence and she will need a local family lawyer to send cease and desist letter and file for restraining order here if they don't stop harassing her.

Expert:  RayAnswers replied 1 year ago.

Sorry this was a site error please disregard and do not rate or respond others will pick this up.Thanks