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Starve my family and continue visitation or be held in contempt?

Pocatello, ID |

I am being held in contempt for not bringing the kids for visitation due to lack of funds, even when I asked for make up time or an alternate location to exchange. The trip is 10 hours round trip to drop off and another 10 hours round trip to pick up every other weekend. The child support payments are never consistent and do not cover the total cost for fuel.

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Attorney answers 1


This is a Q&A forum for questions about the law and legal procedure. Although you haven't actually asked such a question, a comment about contempt proceedings might help. Also, the attitude in your first statement is not helpful. When you appear in court on this issue, the civil tone and the meritorious arguments you make in your explanation will advance your cause. Lose the snide comment about starving your family.

The judge won't hold you in contempt without hearing your side of the story, and impossibility is a valid defense. Put another way, contempt is a knowing violation of a specific court order without a valid excuse. It is not clear why you are required to assume the entire transfer burden, but you should consult with an experienced family law practitioner about the possibility of changing the custody order to reduce the number of transfers.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

Jill Marie Carlson

Jill Marie Carlson


In Colorado, in order for the other side to be successful on a contempt charge, it must be shown that the party charged with contempt has the present ability to comply. This goes to the defense of impossibility asserted by the attorney above. Best of luck!

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