Legal Question in Family Law in California

Ex-Spouse Refusing To Pay Daycare Costs Or Recognizing My Custody Rights

Ex-wife was arrested for DV. Later charges were dropped. I Have sole Legal & Physical custody of daughter. 3 years Restraining Order was issued against wife. Ex-wife filed an OSC and also asked court to set aside judgement. We went to FCS. Mediator maintained recommendation - Sole legal and Physical custody to me. Judge ordered wife to pay 50% of medical and daycare. Wife is yet to pay a dime. It's 3 years now. Currently wife owes about $6000. Ex-wife occasionally would not return daughter to day care I selected. Wife Constantly tells me she does not recognize the judges order. Restraining order had just expired. I do not want to go back to court for fear of court costs. The divorce and etc cost a lot of money. Also, I do not want to risk going back to court for risk of loosing more to her or opening the whole case for her to take jab at. Ex-wife continues provoking me by making false accusations against me, by withholding child's clothing and even by causing trouble at child's daycare. What best action should I take? I do not want to move out of the area/city/state.


Asked on 9/16/02, 11:39 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Ex-Spouse Refusing To Pay Daycare Costs Or Recognizing My Custody Rights

Take her for contempt of court. Please call me directly at 619 222-3504.

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Answered on 9/17/02, 3:29 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Ex-Spouse Refusing To Pay Daycare Costs Or Recognizing My Custody Rights

It sounds like you need to go back to court to adjust the current visitation order and enforce your order for one half of the medical expenses. If you ex is working this should not be difficult to enforce, unless she quits. You may wish to have this reviewed by an attorney in your county who could review your current orders, the problems you are having and the remedy to any of those problems. All of the problems that you are having can be made a court order. Good Luck, Pat McCrary

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Answered on 9/16/02, 1:33 pm


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