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THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT COUNTY OF LARAMIE, STATE OF WYOMING Civil Action Case No. 176-372 XXXXXXXXXXXX, Plaintiff, VS. XXXXXXXXXXXXXXX, Defendant, ) ) ) ) ) ) ) ) MOTION FOR MODIFICATION AND MOTION TO CITE DEFENDANT IN CONTEMPT COMES NOW XXXXXXXX, Plaintiff, who files this his Motion for Modification and his Motion to cite the Defendant in Contempt, in the above styled cause, and for said cause of action would show unto the Court the following, to wit: 1. That the P
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  THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICTCOUNTY OF LARAMIE, STATE OF WYOMINGCivil Action Case No. 176-372XXXXXXXXXXXX,Plaintiff,VS.XXXXXXXXXXXXXXX,Defendant,)))))))) MOTION FOR MODIFICATION AND MOTION TO CITE DEFENDANT INCONTEMPT COMES NOW XXXXXXXX, Plaintiff, who files this his Motion forModification and his Motion to cite the Defendant in Contempt, in the above styledcause, and for said cause of action would show unto the Court the following, to wit:1. That the Plaintiff is an adult resident citizen of Laramie County, Wyoming,who resides at XXXXXXXXXX Cheyenne, WY 82001.2. That the Defendant is an adult resident citizen of Laramie County, Wyoming,who may be served with process of this Court at her residence of XXXXXXXXXCheyenne, WY 82007 or her employment at XXXXXXXXXXX.3. That the parties were once husband and wife forever and finally divorced bothone from the other Judgment of this Court dated September 10, 2010.4. That the Defendant is required to return personal property belonging to thePlaintiff, more specifically, his birth certificate, social security card, DD Form 214, clothing, shoes, British “Bobby” helmet, Italian police hat, 15 foot 21 position aluminum  ladder, 15 foot extension ladder, “Rug Doctor” carpet shampooer, 2 electric jig saws, 1 “Makita” hammer drill, 1 Black and Decker electric drill, 1 “Craftsman” circular saw, 1“Black and Decker” Laser Level, 3 metric socket sets, 3 standard socket sets, 1 “Black and Decker” folding work table, 3 metric wrench sets, 3 standard wrench sets andnumerous screwdrivers and adjustable wrenches. Plaintiff has attempted to pick up hisproperty in a locked garage at Defendants residence and Defendant has constantly refusedto relinquish Plaintiffs property to him as stated in Para 6.A.2 and 6C of the divorcedecree. The Plaintiff requests the court order the Defendant to relinquish Plaintiffsproperty to him within 48 hours of a signed order.5. That in addition to the above and foregoing, the Defendant has refused to allowthe Plaintiff his regular court approved visitation with the minor child. That Plaintiff hasonly been allowed to have his minor child twice since the visitation was ordered.Defendant should be found to be in contempt of this court for her failure to abide by thevisitation terms of the Final Judgment rendered in this cause. Furthemore, Defendant isalso in violation of Para F.8 Parent-Child Communication of the divorce decree.Whereas Defendant has blocked Plaintiffs telephone number from calling their minordaughter preventing communication without interference. The Defendant hascontinuously talked negatively about Plaintiff to the minor child. Specifically thePlaintiff has told the child that the Defendant is a felon, a sex offender and that he is notgood enough for the minor child to be around. The Plaintiff has further told the minorchild that she is not allowed to be with Defendant and he is going to jail. Plaintiff has nocriminal record nor felony convictions. These statements are clearly in violation of ParaF.9 Mutual Respect of the divorce decree which states “ Parents will not say things or knowingly allow others to say things in the presence of their child(ren) that would takeaway the child(ren)s love and respect for the other parent  ”. Wyoming Statute §20-2-204(c)   Enforcement and modification states as follows:  A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in  circumstances since the entry of the order in question and that the modification would bein the best interests of the children pursuant to W.S. 20 2 201(a). In any proceeding inwhich a parent seeks to modify an order concerning child custody or visitation, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other  parent in violation of an order may be considered as evidence of a material change of circumstances. The Wyoming Supreme Court has previously held that denying the children theexperience of associating with their father can be grounds for the court to interpose itsauthority and modify a decree. Russell v. Russell, 948 P.2d 1351, 1354 (Wyo. 1997)(citing Ready v. Ready, 906 P.2d 382, 385 (Wyo. 1995). In Ready, the WyomingSupreme Court said that denying the children the experience of associating with theirfather can be `sufficient for the court to interpose its authority and, by modification of the srcinal decree, prescribe what must be done to preserve the child's right.' 906 P.2dat 385 (quoting Henson, 384 P.2d at 723). The evidence in this case indicated that themother had substantially and repeatedly interfered with the father's rights to visit with thechildren and had undermined his relationship with them by repeatedly maligning him.This is the case in this cause. Therefore Plaintiff requests the court impose its authorityand modify the Plaintiffs visitation by mandating the minor child be allowed visitationwith the Plaintiff each weekend starting on Friday at 4:00 p.m.until Sunday at 6:00 p.m.The Plaintiff will also be allowed to have the minor child every other holidaycommencing with Easter 2011. This visitation schedule should start immediately oncethe order is signed.6. Plaintiff is entitled to half of Defendants retirement account from heremployment at XXXXXXXXXX since it is community property due to their marriage.Plaintiff requests the Defendant be ordered to relinquish his rightful half within 15 daysof the signed order.  7. The Defendant was awarded the real property at XXXXXXXXX Cheyenne,WY 82007. The Defendant has not refinanced the property and Plaintiffs name is still onthe note. Plaintiff requests the Defendant be ordered to refinance the mortgage within 45days of the signed order. Once Defendant has sufficiently proven the property wasrefinanced, Plaintiff will sign a quitclaim deed relinquishing his rights to the property.8. Defendant was ordered and has possession of a 1965 Chevrolet C-10 Pick-uptruck. Plaintiff contends the truck was a gift from Defendant in August 2000. At thattime Defendant told Plaintiff she wanted him to have an old truck to restore and shepurchased the truck for Plaintiff. Prior to the divorce decree Defendant had no interest inthe vehicle. Plaintiff requests the vehicle be awarded to him due to the vehicle being agift from Defendant and not community property.9. Defendant falsely reported her income and Plaintiffs income on the financialaffidavit she provided in the divorce decree. Plaintiffs employment at XXXXXXXXXended on July 14, 2010 to which Defendant was fully aware. However, Defendantfalsely reported Plaintiffs income including XXXXXX and under reported her actualincome to cause financial harm to Plaintiff. Plaintiff requests that the child support he isproviding be reduced to $343.87 which is Plaintiffs correct proportionate share. Plaintiff requests the reduction become effective immediately upon a signed order.WHEREFORE, Plaintiff prays that the Court enter Judgment modifying the termsand conditions of the Final Judgment heretofore rendered in this cause to allow thePlaintiff to receive his personal property, achieve regular scheduled visitation with hisminor child, regain possession of the 1965 Chevrolet pick up truck and receive a
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