Need to file Contempt of Court on BM, not helping financially, etc. Help?

[Fatherforever]

I have 2 sons (ages 3 and 5) that live primarily with me (75/25%).There mother has refused to pay her court ordered child care of 35.2% forthe children's babysitting. I have been keeping a record of all themoney I have been paying towards their child care since end of June andI am trying to collect as much information on what needs to be done tofile a contempt on her for not contributing financially. She is noteven obligated to pay child support and this is the only thing she hasto contribute to. I feel that if the tables were turned and thechildren lived with her, she would have filed for child support so fast.What do I need to do in the state of Washington to file a contempt ofcourt? Is this something I would need an attorney for? Or can this becompleted myself.

Thanks in advance for your help.

~FF

[ocean]

If it is court ordered, then go to family court and file a petition ...contempt of court for failure to pay court order daycare costs. Does she have a job? You can file another petition for child support at the same time and ask that they take it out of her paycheck. The state does all the work, and will send you the checks or direct deposit in your account. If you set up a child support account with the state then the daycare can be added to the amount.

Some states have a small fee for filing, my state it is free to file the petition. They will explain the process. You may have to have her served (you can have a company do it for you for a small fee...). They will send you a date to be at court.
You dont need a laywer to do this or even at court. Just tell them the facts and bring your evidence (daycare receipts..).

You need to prove you gave her the receipts sooo send her a certified letter stating she owes XX for daycare costs as per the court order # XXX , dated, XXX. Send copies of your receipts with the letter. Copy the whole thing....and send it to her with a date to respond or you will bring this to court. (Then if the date passes...file your petitions).

[Fatherforever]

So are you saying I should file first? or give her the evidence and give her time to respond? I have been asking repeatedly for her to start contributing to child care and she has refused. So do I need to give her another chance to respond or can I just file?

[ocean]

Do both at the same time.....you can just say that you need help paying for daycare and she has not paid you or the daycare center. You can always withdraw the petition...

[MixedBag]

1.  Ocean is giving you good advice.
 
2.  go over to the "Socrateaser" section of this site and search on "3 elements of contempt"
 
3.  Make sure that you can meet those three criteria.
 
4.  Does your order SAY how she is  to pay for this?  Like do you pay it in full and then she reimburses you?  Or can she pay the day care folks directly?  Does it give a timeframe?
 
And yes, IMHO, if this has been going on since June....gather up your evidence, but file a "Motion" with the court and ask that they find her in contempt, tell her to pay up (again), add specifically how long she has after the cost is incurred to pay it, and to whom she has to pay it.
 
Amazing....simply amazing...

[Fatherforever]

 

1.  Ocean is giving you good advice.

2.  go over to the "Socrateaser" section of this site and search on "3 elements of contempt"

3.  Make sure that you can meet those three criteria.

4.  Does your order SAY how she is  to pay for this?  Like do you pay it in full and then she reimburses you?  Or can she pay the day care folks directly?  Does it give a timeframe?

And yes, IMHO, if this has been going on since June....gather up your evidence, but file a "Motion" with the court and ask that they find her in contempt, tell her to pay up (again), add specifically how long she has after the cost is incurred to pay it, and to whom she has to pay it.

Amazing....simply amazing...

In our parenting plan it doesn't state how she has to pay it, just that I pay 64.8% of child care while she pays 35.2%. The only place it says anything about time frame is near the end. It states that she must be current on her child care payments in order to claim one of the children on her taxes. So for that reason I will wait till the beginning of the year to squash any loop holes... I've made up a Demand letter, I am not sure if I should add anything else, this is what I have thus far:


"November 22, 2009
Attn: XXXXX XXXXXXXX
Current Address here:
and also here.


Re: Unpaid ChildCare Payments (35.2%)

Dear XXXXX XXXXXXXX:
 
  This letter will serve as formal notice to you, that you are in default of your obligation for the above referenced unpaid child care payments in the amount of $1,235.52. I, XXXXX XXXXXXX, have previously requested your financial involvement in complying with the court ordered child care expenses. Because you have refused previous requests to this court order, this is your final opportunity to become current on your childcare expenses, before further legal action is taken.
  If a signed agreement to pay the above past due child care expenses is not established in 10 days, I will have no alternative but to seek legal proceedings against you to recover the above amount, together with accrued interest and legal expenses.


Please consider the consequences and govern yourself accordingly.






Sincerely,



XXXXX XXXXXX"

Is there anything else I should add, and is this to, for lack of a better term, too demanding?
I also have a page listing the dates previous that I have requested that she start paying her share.

Thanks for all the help!
~Fatherforever

[ocean]

Might be worth paying a lawyer $50 to send letter for you...so it is on legal letter head... Dont hire them yet, just letter.