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I need help with family law. Well I'm in but the case was…

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I need help with family law

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Well I'm in washington but the case was filed in Oregon

Lawyer's Assistant: Has anything been filed or reported?

The divorce is filed but I have questions about contact and child support and possible contempt of court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

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Answered in 15 minutes by:
8/20/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,029
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Go ahead and ask the questions.

Thank you for your cooperation.

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Customer reply replied 10 months ago
Well this is kinda a doozie so let me do my best to break this crap down for ya.1. I'm a single father of a 7 and 3 year old girls. I won no contest and have full custody the case was filed back April 1st 2016 do to my lawyer being incompetent the case had to be submitted a few times until all the paperwork was filed properly It was finalized and entered into judgement January 4th 2017. The child support order was set starting on April 1st 2016 its now 17 months without a penny from my ex. I've moved to Washington on July 19th 2016 In the judgement there is reference that I'm free to move to Spokane Washington from Portland Oregon. I've dealt with DSHS on attempting to collect child support with no action from them until March 2017 My ex has been manipulating the situation by not filling out the documents given to her and then quitting her job the day after DSHS sends notice that she is ordered to pay child support. I've even lied to my ex saying that if she doesn't respond to DSHS that they will throw her in jail she responded and now we are waiting for her to return to work with her responding... "I'll be starting work in August" that seems to not be the case. I've talked to free legal counciling and they basically said they can't do anything for me.
Customer reply replied 10 months ago
2. My ex doesn't visit except for birthdays for both the kids or thanks giving and x-mas she We have been doing Skype and I've recently limited her to 1 hour per week at a set time around my schedule. At first she says what I'm doing is illegal but she was asking to see the girls like at random times when it was not convenient, late past their bed times and so far she has been following the plan I laid out. We don't have a parenting plan the order says she is limited to 1 hour of visitation at my residence. I've written basically a parenting plan stating she is free to visit for the entire day and that she can visit during select holidays. time will not be made up if we or the kids are in school or on vacation. What is the legal limit of visitation. Right now I've discovered some very messed up stuff about my ex and its scares me what can or could happen and I rather not have her contact the girls at all after this but I am scared that she would use this against me. Basically I found out she is a satanist buying spell books and witchcraft stuff. She is living with a guy with is 17 years older then her she is 30. I can say that the means of which I found out might again be used against me but I justify the fact that her strange behavior, the effect that my oldest daughter has been acting out I took that into consideration to investigate into the circumstances and was rocked to find out the truth of this matter. So what can I do?
Customer reply replied 10 months ago
3. Before we were legally divorced on october 23rd 2 days after my oldest daughters 7th birthday My ex was sleeping around with 5 different guys. She got pregnant around aug 2016 the baby is born yet she told the father that the guy who she is with now will basically take the baby. The father makes really damn good money about 90K yet she refuses to give the name or collect child support from him. because she has no job and the guy she is with works 2 jobs to support the 3 of them I was told from my ex that they don't qualify for food stamps or wic or well fair. Isn't that a form of child abuse?
Customer reply replied 10 months ago
ok I'm done lol

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.

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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.

Thank you for your cooperation.

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Customer reply replied 10 months ago
I was told I needed an attorney to ask the court to throw her in jail

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.

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Customer reply replied 10 months ago
that is the first good news I've heard in a long time thank you
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,029
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Thank you
I will fill it out immediately

You are quite Welcome! and thank you very much for the positive rating.

Goodluck with your case,

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Customer reply replied 10 months ago
I have a followup questions; My ex just informed me just now the day before I was going to file the paperwork that she is going to be going back to work in a week. This throws the entire situation out of proportions. Now I feel yeah I still have a right to file contempt for the 17 months but by the time we get to court will it even matter. I have to drive 7 hours pay a $275 fee and however long it takes to drive back once the paperwork is complete then pay more money to hire someone to deliver the papers to her and then drive back again for the court hearing. Is it worth it at this point if she really is going back to work? what would the judge do in this situation you think?
Customer reply replied 10 months ago
After I file for contempt how long does it take before I can deliver the papers to her. or is it same day?

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.

Best wishes,

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Customer reply replied 10 months ago
Ok thanks! I understand the first part but the second part I do not since I have to travel from Spokane to Portland I want to do as little travel as possible. So will the paperwork that I file that day how long do you think until its been put in the system and when will I have to go back... later that day, next day, a week?

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.

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Customer reply replied 10 months ago
Ok. Thanks for your reassurance... makes me feel better. I'm just sick of her games and getting away with everything its not about the money anymore its about justice at this point. Have a good night!

You are quite Welcome!

Goodluck with your case,

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Customer reply replied 10 months ago
Hi phillips... I was going over the paperwork you sent me for contempt I explicitly says "these for do not allow you to ask the court to put the other party in jail for violating the order or judgment. And in the third paragraph it states that the forms are not meant to be used to enforce child support awards or custody or parenting time orders. So what are these forms for exactly?

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.

Best wishes,

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