Q: How do i get emergency contempt of court for daycare/school quickly?
Inshare parenting time 50/50 with my co parent. Literally final orders happened last week. We have a school age child with medical issues, specifically respiratory issues. The final orders state they remain in the same daycare my daughter has been in for 6 years. With Covid the daycare states they can no longer provide after school and before school care for public school children. The daycare does provide distance learning. The distance learning program is provided by my daughters school and she can attend her school once things are stabilized. The issue is my kids father lost his job and has no ability to pay childcare costs. Again our daughter has severe respiratory issues. She has an oxygen concentrated several specialists, and medications. He insistents that our children lose the daycare they were court ordered to be in and our daughter go to public school. I've even offered to work extra shifts to cover his daycare costs. He refuses to follow the order. What can I do?
A:
You can file a motion for contempt or to enforce, however he can also file for a modification of child support if he can not pay. He would have to show a substantial and continuing change in his income. Being laid off may not establish that. You could ask to have income imputed to him and ask him to show his efforts to locate employment.
Emergency motions are for child endangerment. It is not entirely clear how the medical issues relate to the daycare or distance learning.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
