Family Law Questions? Ask a Family Lawyer Online.
Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.
Go ahead and ask the questions.
Thank you for your cooperation.
Thank you for the information.
Kindly give me a few minutes to review the information that you have provided and prepare my response.
Thank you for your patience.
First, you need to file contempt action against her in Oregon to hold her in contempt for not paying child support for the past seventeen months. If she is unable to pay because she is unemployed, the burden is on her to inform the Court that she is not working and thus she cannot afford to pay under the current Order and ask for temporary reduction in payment by filing for Modification of the Support Order. Since she did not do this, she is still liable for the Order. There is no retroactive modification of child support arrears. So, she is on the hook for not making payments all these months. You need to ask the Court to throw her in jail until she can come up with the full balance of the amount now in arrears. She is making a mockery of the Court by not making a single payment since the Court issued the Order and this must stop.
You have a right to limit her visitation and under the circumstances, you need to file emergency Motion for Modification of Custody and Visitation and ask the Court to suspend her visitation rights until she has undergone psychological evaluation. Also, you need to state the change in behavior in your child after visitation and that you are afraid for the child's safety.
As for the child abuse because she does not want to go after the father for child support, it would be up to the father to establish paternity and take the child away from her.
Best wishes and goodluck with your case,
A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.
That is absolutely NOT true. Asking to throw her in jail is part of the contempt action. If you are representing yourself, you can do that. As far as I know, there is no law in Oregon that states that you cannot represent yourself in a family law issue.
If you do not have the contempt package yet, here it is:
You are quite Welcome! and thank you very much for the positive rating.
Goodluck with your case,
It does not matter if she is going back to work or not going back to work. The issue remains that she has not complied with the Court Order and if you want to do something about it, you need to file a Contempt Action against her to bring the issue to the Court.
As for the procedure after filing, you should get it from the Clerk's office.
I cannot answer procedure question because I do not practice at that Courthouse. You need to call the Clerk's office and ask that question.
You are quite Welcome!
Those are the only contempt forms package that I was able to find online. Kindly contact the Clerk's office for further instructions. Where I practice in MA and NY, you can ask for jail term as part of the contempt action. However, this forms package appears to indicate otherwise.