We had the contempt hearing. I went prepared to discuss all my concerns just in case the magistrate asked the ever popular, "Is there anything else you would like the court to know at this time?"
I left work in plenty of time knowing that parking on a weekday is difficult downtown. I found a spot but had to walk a bit. Luck would have it Adam was taking the same walk...at the same time. Not much more awkward can happen then standing at a cross walk with the defendant.
I proceeded to make my way to the courthouse, went upstairs, and sat myself down. Adam and his attorney were within earshot. He pointed me out to her and she approached me. She was nice and introduced herself. She continued on saying that Adam was prepared to pay me in full right that minute so would I be willing to accept the check and dismiss the contempt. I looked at her calmly and stated, "no." She took a second and asked, "No? So you want to proceed with the hearing?" And I replied, "Yes, I wish to proceed and have my motion heard." She then went back to Adam and then left to talk in a private conference room.
It wasn't long before we got called into the magistrate's office. She said it was my motion and to proceed. I had no idea what that meant so I said his attorney approached me in the lobby and asked if I would accept the check and dismiss and I said no and wanted to proceed. She said, So proceed. I laughed at myself and then explained my reason for filing contempt. In a nutshell: divorce decree says he owes me. She then asked Adam his side. He said the IRS never issued a check so he never got the money but it was automatically directed to the debt. He also said there were other accounts and debts between us that hadn't been worked out, that we never discussed a way for him to pay me my 50%, and he closed by saying things have been really tight so he just couldn't pay. The Magistrate tilted her head and asked, "Is that really your defense? You we her the money." Then there was a discussion about how much he owed. His attorney presented the amounts and said there was also a processing fee of $107.38. The magistrate said nowhere in the decree did it say that would be split and she wasn't going to make me pay it. The numbers were all worked out, she waived the court fee and said the court would issue a reimbursement to me. Adam was able to write a check to me so she dismissed the contempt.
Adam left the room and as I put my jacket on I asked his attorney if there was anything she could do to help us not be back in court. She said if he asks her advice she can urge him to follow the decree and parenting agreement. She asked if there were issues I felt I could file about. I said yes but I wanted to avoid court just as I had wanted to avoid it with this matter. At that the Magistrate blurted, "But this is fun!" I like her! The attorney and I walked out together and she asked me for specifics. I told her about the psych fees, school fees, not participating in all his parenting time, and refusal to share in the medical/dental responsibilities. I also said it is alarming to me that when I try to engage him in discussions I get told things like, F off in all the ways you can imagine fing off. I was very honest and told her if he isn't actually participating in the 50/50 part of parenting and telling me he won't, which I have in writing, then I will go back to court for full custody. She said she could tell him to follow the decree as best as she can interpret it and as far as it is in his best interest. I stopped her and said, "Not his best interest, our children's. He has been focused on his interests long enough." She smiled sympathetically and said she would talk to him.
I left and walked to the van. By the time I drove away Adam was still not back to his vehicle. I can only hope that attorney said some words of wisdom that he took to heart. I don't want to go back to court. This was his freebie. If there is a next time the Magistrate is not so likely to brush things away. Next time he could be fined, or face jail time. That helps no one.
