I took my ex to contempt of court for failure to follow a judges order that stated that since he'd moved several times since getting custody, each time further and further away, he was ordered to pay the travel expenses for my son to exercise his visitations with me. I had to take him to court for clarification on what constituted extended weekends and for contempt since he was not following any part of the order. The case was ruled in my favor. He is now trying to appeal the ruling stating that the judge failed to do a financial affidavit to consider his circumstances when she made her ruling. However, the case he is appealing was not where the ruling was made, it was just clarified. Was the judge obligated to do a financial affidavit in a contempt case?
Answered on: 6/13/13, 11:52 am by Robert Gardner
Typically, a financial affidavit deals with child support issues, but one of the factors to be considered in the financial affidavit is travel, so that is the point he is trying to make. If this is an appeal, it could be stalled for a very long time, and you need to hire an attorney to handle the appeal and to see if there is some other mechanism to get the case back into court in the meantime so that you are not going under the old order until the appeal is continued.
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