Legal Question in Family Law in Kansas
Incontempt of court but lives is different state
My step-childrens mother lives in Kansas and that is where my husband decree was finalized. My husband has full custody of the two children and we live in McKinney, Texas; she pays no child support but is suppose to pay half of anything that involves the children school or extra activities. She has not done so per their decree. Where do we file her being in contempt of court? In the county the children reside in our the county where their original decree took place? Also, what type of papers should we file?
3 Answers from Attorneys
Re: Incontempt of court but lives is different state
Since you have not moved the case to Texas, you will need to file in the county where the decree was final. You should file a motion for a contempt citation, have her served with personal service and have the court date set before you have her served. I would recommend you hire an attorney to do this for you as it is extremely important proper procedure is followed. www.kansasfamilylawblog.com
Re: Incontempt of court but lives is different state
If you are in McKinney, TX, I suggest that you get the case transferred to your county, then file for contempt, enforcement, etc. Contact an attorney in your area for assistance. If you wish you can contact me assistance by e-mail.
Re: Incontempt of court but lives is different state
I agree with both lawyers, but not knowing jurisdictional requirements in Kansas, would suspect that you need a lawyer in Kansas to file and serve her, and then transfer the case to the Collin County court under interstate provisions. The courts prefer to handle the case in the jurisdiction of the children's residence. TCL
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