Continue on child care?:
I asked a question yesterday about childcare expenses being reimbursed the attorneys that responded didn’t know the wording of the divorce decree as states in the divorce decree
“the party and caring or paying child care expenses must notify the other party of any change of a child care provider or monthly expense this must be done within 30 calendar days of the change the party not directly paying for childcare must pay their share of child care expenses as soon as they receive Verification of expenses. If a party does not follow the order and provide written verification their name may not receive credit for work childcare expenses or recover the other parties share of expenses”
Now she is trying to collect $2300 in child care, & I have ABSOLUTELY NO information about the provider or have been provided and verification.
Can I be held in contempt?
Brian’s answer: If she did not follow the decree and giving you notice it would be very hard to hold you in contempt. She has to show that she followed the Decree, that you had notice, and that you purposefully did not comply with the order. If she did not provide receipts, notice of the daycare including contact information, and proof of payment then you should not be held in contempt. It is hard to answer your question without seeing the Decree and their affidavit on the Order to Show Cause. If you are facing contempt it would be a good idea to have a few consultations with some attorneys and bring them all the evidence to review.
Is me Ex husband allowed to hold my court ordered Alimony in an Escrow account?: My ex is trying to get out of paying alimony or wanting it decreased. He has filed a petition to modify our decree and served me papers a week ago or so. I have yet to submit my response back and there is no mediation or court date set yet. However, my ex has since withheld alimony and states he is "keeping it in an escrow account" until after our court hearing and the judge rules on his petition. This could take many months for that to happen. Is this legal for him not to pay me? He has no grounds and although he is taking me to court to "try" and have it reduced or whatnot, (which he will never win that case when it does take place, as he has zero grounds for it as i mentioned), I believe it is still court ordered that he owes it to me and I would think that initial ruling is what should stay in effect "until the judge decides otherwise"..Not before. Am I wrong in my thinking that he is in contempt?
Brian’s answer: He cannot put it in escrow unless he has an order that allows such. I would consider filing an Order to Show Cause on the issue if he is not paying you.
If I am disabled can a judge force me to go back to work after a divorce?: I have been married to my husband for five years, two and a half years ago I developed a heart condition and have been considered temporarily disabled and thus have not worked since 2015, I was pregnant when this heart condition surfaced so now we have a two year old daughter who I have been caring for while my husband works and goes to school. I have had open heart surgery to try and repair my condition but it was unsuccessful, so my Dr says I am permanently disabled, and he would support my claim for ss disability. Can my husband force me in a divorce to go back to work, or to file for ss? Also I have been helping my husband through school which the degree he has applies to his current position can this increase my alimony? Do I qualify for alimony? I have not worked in almost three years a d he has been supporting my daughter and I this whole time.
Brian’s answer: You need to make sure you have your doctor and probably another expert certify that you cannot work. It may also help to apply for social security disability. That will be something that comes up during the divorce. You will also need to argue exceptional circumstances because it developed during the marriage.