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Back to Court again?

Smonster's picture
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Hello everyone,

First I want to say how much this website has been a lifesaver for me. I thought I was the only one! Smile

Can anyone tell me, if the ex takes you to court for child support, this was a 50/50 custody divorce, and the judge orders mediation. The ex-partner that was the respondent goes to mediation but the ex-partner (plaintiff) did not. Can that ex take you BACK to court again for the same thing, support?
I would think the judge wouldn't look to kindly on someone disobeying his order. Hope this makes sense. Thank you.

southernshellgirl's picture

yeah, I think the ex could try, but I'd sure as heck be ready to file a motion to enforce the court order for mediation and maybe you could just go straight for contempt charges against the ex. That's serious business and judges don't take it lightly, but they are not likely to do anything about it unless you file asking for it.

I'm no attorney, so I'm not the best with advice. WE have been to court a lot so this is just my thoughts. I wish you luck.

Two roads diverged in a yellow wood, and I---
I took the one less traveled by,
and that made all the difference. -Robert Frost-

Rags's picture

So, yes, even after a ruling the BioParent opposition can take the other back to court for review and amendment of the CO. It is my layman's understanding that except in cases of a major change in circumstance that most jurisdictions are pretty strict about the 2yr between review rule.

Good luck and best regards,

Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)

Orange County Ca's picture

Courts have better things to do than to re-hear matters where one party WILLINGLY didn't show up. If he claims he was in the hospital he has a chance. But make him prove it.

If he does file I would just write a letter to the court and tell them that this matter was resolved in mediation and should not be heard again. Tell them you can't be taking a day off of work every few months to fool with this fool.

*********************

There's an exception to everything I say.

Smonster's picture

for all of your wonderful advice. I get so tired of all the "threats". And honestly I cannot for the life of me see what the problems are. MY SS is happy and content at our house, we buy him whatever he needs, take him places etc etc. Sometimes I think jealousy plays a big part in exes threats. And the "if I'm not happy nobody's happy". Thanks again.