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FATHER’S VERIFIED MOTION FOR ENFORCEMENT OF CHILD SUPPORT; MOTION FOR ATTORNEY FEES AND COSTS AND MOTION TO ENFORCE SHARED PARENTAL RESPONSIBILITY AND FOR CONTEMPT

FATHER’S VERIFIED MOTION FOR ENFORCEMENT OF CHILD SUPPORT; MOTION FOR ATTORNEY FEES AND COSTS AND MOTION TO ENFORCE SHARED PARENTAL RESPONSIBILITY AND FOR CONTEMPT


IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA

 

In Re: The Matter of                                                            Case Number:

 

JACK KING,

 

Petitioner/Father,

and

 

JAMIE CROWN,

 

Respondent/Mother.

_________________________________/

FATHER’S VERIFIED MOTION FOR ENFORCEMENT OF CHILD SUPPORT; MOTION FOR ATTORNEY FEES AND COSTS AND MOTION TO ENFORCE SHARED PARENTAL RESPONSIBILITY AND FOR CONTEMPT

The Petitioner/Father, JACK KING, on his own verification and through his undersigned counsel, hereby files her Verified Motion for Enforcement of Child Support; Motion for Attorney Fees and Costs and Motion to Enforce Shared Parental Responsibility and For Contempt and as grounds therefore states the following:

COUNT I

PETITION FOR ENFORCEMENT OF CHILD SUPPORT AND

FOR ATTORNEY FEES AND COSTS

 

  1. This Court has continuing jurisdiction to entertain a Petition for Enforcement and Contempt pursuant to Florida Statutes.
  2. A Final Judgment of Paternity was entered on XXXX XX, 20__ in Miami-Dade

County, Florida. Said Final Judgment is attached hereto as Exhibit “A”.

 

  1. A Report of the General Magistrate was entered on XXXXXXX XX, 20__ requiring the Mother to pay $283.09 per month commencing XXXXXXXX XX, 20__ to the Father for child support.
  2. Additionally, the Report of General Magistrate ordered the Mother to pay $1500.00 directly to the undersigned for fees and costs within thirty (30) days. Said Report of General Magistate and Order on Report of General Magistrate attached hereto as Exhibit “B”.
  3. Subsequently, on XXXXXX XX, 20__ a Court Order was entered (said Order attached hereto as Exhibit “C”) affirming the prior Court Orders for child support and attorney fees.

 

  1. The Mother has only made two (2) child support payments since XXXXXXX XX, 20__. Additionally, the Mother failed to make the attorney fee payment dispite having the ability to do so.
  2. The Father retained the undersigned counsel to represent her in this action

and is obligated to pay her counsel a reasonable fee for all services rendered and costs incurred. Pursuant to Section 61.16, Fla. Stat. and because the Mother’s conduct has necessitated these post-judgment proceedings, the Mother should be responsible for the Father’s fees and costs.

WHEREFORE, the Father requests the Court grant the relief requested herein.

 

COUNT Il

MOTION TO ENFORCE SHARED PARENTAL RESPONSIBILITY

 

  1. The Father realleges Paragraphs 1 through 7 as if fully set forth herein.
  2. Pursuant to the parties’ Final Judgment of Paternity for a 50/50 timesahring schedule and for shared parental responsibility.
  3. The Father recently learned that the Mother (without telling the Father) took the child to a neurologist and to the hospital and had a brain scan performed on the child.
  4. Even more upsetting then this is the fact that the Mother didn’t go with the child, but rather sent her Husband, the child’s Stepfather,  to be there while he had the MRI, and didn’t tell the Father about any of this.
  5. The Father is a loving Father who is hands on and was shocked and outraged to learn of all this.  Thankfully the scan was negative.
  6. The Mother has threatened to change the child’s school, which the parties have been discussing.  Luckily, the matter set for hearing was on the Mother’s Emergency Motion only and the Judge cautioned the Mother at the hearing against changing the child’s school when the Mother brought it up and informed her that was not what was being heard at hearing.
  7. The Mother caused the 9 year old child to cry and threatens to take him out of school away from his friends.  The child wishes to remain in his school.
  8. The child is thriving at his school and has been for years and has many friends there.
  9. The Mother has moved 3-4 times in the last 5 years.
  10. Recently the child was “accidentally” bit by a dog when with the Father and the Mother went so far as to file an Emergency Motion to Suspend the Father’s timesharing instead of acting appropriately.  The Mother was denied by the Court.
  11. The Father has never filed an Emergency Motion to Suspend the Mother’s timesharing even though he could have in XXXXX 20__ when an incident occurred when the child snuck out of the Mother’s residence to drive an electric motorcycle.  The child was injured and the Mother never sought medical care for the child.  When the Father went to pick up the child for timesharing the child was limping and was having difficultry walking.  The Father took the child to the emergency room.  The child had a sprained ankle and ligiments. Additionally, in XXXXXX 20__ when the child split open his head while fighting with his older cousin and needed 6 staples while in the Mother’s care.
  1. The Mother needs to learn how to co-parent and comply with shared parental responsibilities.
  2. These actions of the Mother are in violation of the Shared Parental Responsibility and are not in the best interests of the child and must stop.
  3. The Father retained the undersigned counsel to represent her in this action and is obligated to pay her counsel a reasonable fee for all services rendered and costs incurred. Pursuant to Section 61.16, Fla. Stat. and because the Mother’s conduct has necessitated these post-judgment proceedings, the Mother should be responsible for the Father’s fees and costs

 

 

The Father verifies that all of the foregoing information is true and correct to the best of his personal knowledge.

___________________________

 JACK KING

 

STATE OF FLORIDA         )

)§:

COUNTY OF BROWARD  )

 

BEFORE ME, the undersigned authority, personally appeared JACK KING, known to me or who produced __________________ as  identification, under penalties of perjury and having been sworn under oath, verifies that the above contents and information is true and correct to the best of her personal knowledge and that she executed this document this _____ day of ___________________, 20__.

 

WITNESS my hand and seal in the State and County aforesaid this ______ day of _______________________,20__.

______________________________

NOTARY PUBLIC

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to:  Jamie Crown, XXXXXXXXXXXXXX on this _____day of XXXXXX 20__.

 

LAW OFFICES OF LARRY D. SCHOTT

Attorney for Father

 

By:______________________________

LARRY D. SCHOTT

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