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I need help with my divorce its been over a year . i don't know why and hes not following court orders as well

San Jose, CA |

I need help with my divorce and also my soon to be ex is not following court orders or paying child support he been sending it when ever wants as of December 2012 his license is suspended and i just found out that he has his own towing company and told the courts and child support that he was not working . he has not called or seen the kids since September 2012 he also as been sending people to follow me and my boyfriend and tried to hurt him many times and the cops wont do anything about because he not there when this happens and every time his mother calls all she wants to know is where we live and who lives in the house if it not her its other family members of his asking 21 questions to the kids and threaten them if they don't give them information

Attorney Answers 3

Posted

Get an attorney and/ or file for contempt. Do discovery etc.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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thank you

Posted

If you have a Domestic Violence Restraining Order, then it sounds like he is violating it. If you don't have such an order, you should consider requesting one from the court. Consider asking for orders for no contact with the grandma since she is putting undue pressure on the children instead of actually being a grandma.

Open a case with the Department of Child Support Services, if you have not already done so. They have resources when it comes to enforcing child support, including license suspension.

Apply with the Pro Bono Project for representation. They have a waiting list, but they're free. (408-298-5298). You cold also try Bay Area Legal (408-283-3750).

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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i was surfing the web and came across his towing company web page with his full name and phone numbers on it awhile back i did give it to DCSS but they told me that they cant really do anything about it because all he has to say is that he gets 50$ or less and i wont get anything out of it he has a newer lexus , pickup truck and a 300m and lives in a fancy apartment but yet tells the court and DCSS that he hasnt wroking since 2008 he just got a settlement from suing a towing company were he got hurt so i know he has money thats how he bought these 3 tow trucks and as for the threating part sjpd and cps wont do anything as well already tried it it seem like im getting no where and he getting away with everthing he has never been there for the kids and now all of a sudden we end up in court and now he wants to play daddy after court was dont back on 1-4-12 he hasnt been calling or seeing the kids at all i just tired im a welfare and only get 500$ a month i cant really afford a lawyer i have tried the the free ones but they never help me out like they told me they would its funny that he claims to not have a job but can afford to show up to court with a lawyer

Asker

Posted

i just looked at the order it does have something about the kids not being able to be around domestic violence

Posted

Obviously, things are out of hand and out of control. You have to understand, your ex is having too much fun annoying and harassing you and your boyfriend, and disrespecting the Court's orders. You need to inform DCSS about his towing company (give them the name, address, etc.) If you do not take appropriate action and retain an experienced and aggressive family law attorney, history will repeat itself and you will go on in your life with no changes. Your attorney can bring your ex under contempt, use due diligence in obtaining records form his tow truck company, and seize assets to satisfy his support obligations. If he is threatening the children with violence, you must immediately contact child protective services and the police. Unfortunately, he will have to feel the pain before he will back off and act like a reasonable, responsible adult.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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Asker

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i was surfing the web and came across his towing company web page with his full name and phone numbers on it awhile back i did give it to DCSS but they told me that they cant really do anything about it because all he has to say is that he gets 50$ or less and i wont get anything out of it he has a newer lexus , pickup truck and a 300m and lives in a fancy apartment but yet tells the court and DCSS that he hasnt wroking since 2008 he just got a settlement from suing a towing company were he got hurt so i know he has money thats how he bought these 3 tow trucks

Asker

Posted

and has for the threating part sjpd and cps wont do anything as well already tried it it seem like im getting no where and he getting away with everthing he has never been there for the kids and now all of a sudden we end up in court and now he wants to play daddy after court was dont back on 1-4-12 he hasnt been calling or seeing the kids at all i just tired im a welfare and only get 500$ a month i cant really afford a lawyer i have tried the the free ones but they never help me out like they told me they would its funny that he claims to not have a job but can afford to show up to court with a lawyer

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