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I need help with family law my soon to be ex husband is violating court orders

San Jose, CA |

my soon to be ex husband has been violating court order by interrogating my kids treating them and has been talking to them about the case between him and i . he has denied me phone access to the kids when their with him, he lets his new girlfriend discipline the kids and has even exposed the kids to domestic violence. he's mad because i won the child support case but he still is lying to the judge about not working and has gone down to dcss and try to stop it. i have pictures of him and his new cars and his new tow trucks that he is denying. he and his brother come to my boyfriends house and tried to fight with him i call the police but they were no help. he don't pick the kids up his mother pick them up i been letting them go because he keeps saying that he going to report me

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Attorney answers 3

Posted

Your question was posted twice. See my response to the other posting.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Posted

The facts that you describe indicate that you EX is in Contempt of Court. This is a very serious violation of a Court order. We can file this motion for you. The consequesnces to your ex are possible jail time.
We are very experienced in this area and are here to help!

Asker

Posted

thank you but i am a mother of 3 and have no job i been on welfare because the father never helped me with the kids i just won a dcss case last month and he still havent pay any child support he has 3 tow trucks with usdot number and his cell number on the truck i seen post on craigslist with his and new girlfriend number on it he drives brand new cars but yet cannot help me for anything but sit there in court telling the judge that he loves his kids and had a good relationship with but then yet leaves them with his mom to watch over them on his visit days i' ve tryed the free pro bono but they were no help at all im stuck he and dont know what to do

Asker

Posted

.... get a job.... You're not on welfare only because he doesn't help. You're on welfare because you don't work. DCSS is going to forward the child support to the welfare office (most likely) if you are getting cash assistance.

Posted

vSeek out competent legal counsel, collect all the proof and evidence you have of your husband’s violations if the court order and request the court that he only be allowed supervised visitation till such time he successfully completes parenting and anger management classes. Also get some strongly worded court orders prohibiting him from making any negative comments about you or discussing your relationship with him in front of the children or allowing the children to be in an environment where they will be confronted with these topics. Your attorney needs to request that he product all the bank records and if he is non-compliant to subpoena all the bank records from the banks to put together an analysis of how much income is going in the business so the court can impute an appropriate amount for purposes of child support.
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Asker

Posted

see the thing is he and his lawyer told the judge that he was not working and hasn't been working since 2008 which is a lie he has 3 tow trucks with usdot numbers and cell numbers on the trucks i seen post on craigslist with his number andnew girlfriends number on the post ever since we started going to court he has been lying the whole time his laywer never lets me get a chance to talk im stuck here and have no money just the money that i get from walfare for the 3 kids becuase he wont pay child support i tried free pro bono but they were no help at all