Legal Question in Family Law in North Carolina
Interstate Child Custody
I live in Texas and my ex lives in North Carolina. We have joint custody of our son with me being the primary conservator. Ex wife is ordered to pay child support and provide medical insurance. It has been over a year in which she has not paid child support and almost 2 years since she has not provided medical insurance.
I want to file contempt charges but was told that it would cost a lot because she is in a different state. Divorce was filed and granted in Texas while she was and still is living in North Carolina. If I file contempt charges what can I do so that I don't be forced to pay her attorney fees?
Also since she is so far behind in C.S. - does she automatically have a warrant out for her arrest if she comes to Texas? I believe that this is why she is not and has not exercised her visitation. How should I document this properly - her not exercising her visitation.
1 Answer from Attorneys
Re: Interstate Child Custody
She needs to be personally served in order to hold her in contempt.
She won't be arrested unless a judge orders a warrant for her arrest.
A warrent won't be processed unless you file contempt on her.
You won't be required to pay her attorney fees.
In fact, in contempt, normally she would be ordered to pay a portion of your attorney fees.
Texas has jurisdiction.
If you live in Fort Bend or Harris County, our office charges under $1,000 to start a contempt action. That deposit would INCLUDE the service fee and filin fee to start the contempt.
Of course, we ask the court to order her to pay all or a portion of your attorney fees. However, only the judge can order her to do so.
If you want to learn more about me, please visit my website at www.familylaw4u.com or call me next week at 713.847.6000.
Good luck!
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