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Contempt of divorce agreement

Tired2's picture
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BM isn't wanting to let DH have SD11 for the first part of Christmas as per the agreement. If we choose to take her to court this would be the 2nd time for contempt. The first time the judge said "A breach of contract is a breach of contract. Either she comes to an agreement with him or I will hear the case and she will lose." and we won more visitation and less child support. (this took place during a mediation) Now I have questions:

1. If we were to get a different judge would it make it worse on her for it being the 2nd time?
2. Is this even worth the headache and money? ($500 for our attorney)

I know that she can't afford an attorney so she will either give in or get the money from her mother. I'm just not seeing this very clearly right now and I need some input.

frustratedinMA's picture

I say haul her @ss into court... I am so fed up w/BM's and their lack of committment to these agreements. She would haul you in if you didnt pay her CS.

Again.. I am sure she would have no problem going back to court if YOU two were in contempt.

pissedoffinNC.'s picture

I totally agree with her.. I think that if it was your DH doing this she would have his head on a platter in court so I say take her butt to court and let her know that you arent playing around.

frustated stepmom's picture

I'm glad to hear that you got more visitation and less child support. My fiance and I are going to court for the first time for BM being in contempt by not giving us the kids when the decree says. So this gives me a glimmer of hope!

militarystepmom's picture

How big was the contempt of court? My DH and I are looking to take BM to court for BS(haha). She violated the divorce decree on 3 different parts: not responding to emails (only method of communication right now) about kids and upcoming visits, appointments, forbidding us to take the kids to therapy, and moving the kids to a different school without notifying us. Does anyone know if this would do anything if we went to court for custody?