My husband's ex-wife has not followed the court's orders outlined in their settlement agreement. She has not given him half of the family photos, she has not paid the taxes on the home that they still own together, because it just hasn't sold yet, she didn't put that house on the market by the deadline that the court gave her, she does not follow the rules of our insurance, yet expects us to pay half of the charges incurred due to going out of network ($150 instead of $25), she is constantly trying to poison the children against their father, etc., etc. She knows she is in contempt, and she doesn't think he will take her to court, since we can't afford an attorney. Anyway, does anybody know how we can get forms and detailed instructions on how to do this on our own? The goal is not to get her fined or arrested. The goal is just to get her to obey the court, like my husband does each month when he writes her a check for $725...even though the kids live with us 1/2 the time.
2007-03-02 06:43:51 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can file a motion Pro Se at your County Courthouse Be specific with case number and everything it entails as well as having proper documentation to back up your claim.
2007-03-02 06:51:02 · answer #1 · answered by aprilmaydawn 1 · 0⤊ 0⤋
The laws and procedures vary from state to state. Here in California, there are specific forms that you fill out and file under penalty of perjury. You fill out the forms to explain how the order was violated and then you request that the court set up a hearing called an Order to Show Cause. You serve in on the other person and it is basically a trial on the contempt chargers. In most states, you bear the same burden of proof as the prosecutor in a criminal case. In other words, it is very difficult to do without an attorney.
2007-03-02 07:16:37 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
You should be able to find the forms at the courthouse library. With the help of the librarian, maybe you can find some examples of the motion you are trying to make.
This is a situation where a lawyer may actually save you money. His X-wife may be purposely stalling or preventing the sale of the house. A lawyer could force the sale and make sure any costs or losses attach to the x-wife's share of the proceeds.
2007-03-02 07:10:25 · answer #3 · answered by Peter 3 · 0⤊ 0⤋
You dont. merely the choose can challenge a contempt citation. you opt for to report a action or ask for a listening to that truly permits you to inform the court docket that she is in violation of the orders after the divorce. The choose will then challenge a contempt citation. If the order is issued, you need to likely have the police officers %. her up next time you bypass to satisfy her. considering I dont understand precisely a thanks to report the action in ok, I advise you bypass to the clerk of the court docket that issued the divorce decree and word if there's a uncomplicated variety to finish that. If no longer, you may want to get a criminal specialist.
2016-11-27 00:29:47 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Does anyone know if you file a contempt motion will that action be brought before the same judge who handled the divorce?
2014-12-15 04:45:40 · answer #5 · answered by lisaellyn4037 1 · 0⤊ 0⤋