Legal Question in Family Law in Utah

My husband's ex-wife started refusing visitation a year and a half ago, we hired a lawyer after she filed a false protective order, which was of coarse found unsubstantiated. We followed through with court and finally in December of last year we were able to see my stepson, but my step daughter refused any visitation saying we were evil and horrible people because mom said this and mom said that, all lies!! we pushed forward through court and demanded counseling and visitation, which was ordered in April of this year. Since then no visitation, no counseling. In the meantime the ex filed a child support claim, my husband injured his arm in 2007 and was unable to work and with no insurance he was unable to get his second surgery to do the final repair. We told the judge this and he stayed any penalties at that time. We got married in October and I was able to add him to my insurance and surgery was set for Nov. 29. When my husband told his ex this, she filed an order to show cause with the court date set for Nov. 15th. We have been struggling financially since having to spend 13,000 in lawyer fees, and were unable to afford another attorney. So we went to court, and tried to bring up her contempt, and my husbands surgery date and a letter from the doctor, and a potential employer for when he is recovered. The judge wanted to hear none of it and we tried to ask for a continuance, but the judge said no, its up to you to find representation and file the correct forms before court. We had 2 weeks notice, not enough time. So my husband is now sitting in jail for 30 days and will miss his surgery date, and a job interview, and they are charging him $10 a day to be there, $300 total. How did this happen with an obviously deformed arm, and a doctor letter, as well as places he had applied for employment, he was doing everything he could. Where do we go from here? I just filed for bankruptcy and will have to surrender my house, so there is no money for an attorney. How does this help? When he gets out of jail, he will be having his surgery and will need 3-4 months to recover enough to work, if he can find a job in this economy. Can she just refile another order to show cause immediately and send him back to jail? She has spent at least twice as much money on her attorney than my husband owes in child support, it's not about the money it's about making my husbands life hell. Also how do the courts look at text messages as evidence, we have about 500 saved, including one from may where she says "she (my stepdaughter) does want to see you and I wont let you see her" Any advice on any of this matter would be helpful. Thank you for your time.

-Jaime


Asked on 11/20/10, 8:02 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Contact Utah Legal Services.

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Answered on 11/29/10, 7:56 pm


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