Motion on Contempt
Posted 20 November 2012 - 12:24 AM
I had a a court date with my ex in FL ( Ive lived in Louisiana a lil over 2 years now) after he filed a Motion of Contempt. The Contempt he is alleged is that i denied him summer visitation to our daughter. Which I did do, only bc he told me 5 days in advance. Our Parental Agreement that is filed with the courts states twice that a 30 day notice must be given. The court date was for Oct 22. I received it on the 12th. I tried to speak with his attorney to reschedule. She told me I needed to speak with the judges assistant. Who told me that it was my ex's attorneys job to reschedule. The JA was kind enough to the attorney to get a verbal approval I guess for me to appear telephonically. Which she never got a response to. Obviously the Hearing still took place and of course the judge sided with me ex. Ordering that the child support he does pay for our daughter be abated each month till the $2,500 has been satisfyed. Can they do that ? The child support is handled through the state of Louisiana, and custody case is still in FL. Also what would I need to file for a new hearing ?
Once again thank you so much!
Posted 20 November 2012 - 07:29 AM
the Hearing still took place and of course the judge sided with me ex. Ordering that the child support he does pay for our daughter be abated each month till the $2,500 has been satisfyed. Can they do that ?
I'm not sure who "they" are, and the judge obviously did what he/she did. Can you clarify what you meant to ask here?
what would I need to file for a new hearing ?
It's unclear on what basis you would seek a new hearing. You obviously knew about the Oct. 22 hearing, and it even sounds like you made arrangements to appear telephonically but didn't actually appear. It was your responsibility, and no one else's, to obtain a continuance if necessary or to make arrangements to appear -- either in person, by phone, or through an attorney. Nor is it entirely clear that the outcome would have been different had you appeared. Just because your ex gave late notice doesn't mean you were entitled to deny summer visitation entirely. Maybe you could have done something about this if you had acted in a timely manner, but it's now four weeks later, so I doubt you can still do anything about it now, but I would encourage you to discuss this with a family law attorney in FL. Sorry.
Posted 20 November 2012 - 12:41 PM
I tried to apprear telephonically for the hearing. The JA said she was waiting to hearing back from my ex's attorney for his permission bc he has to approve 1st. I called everyday and never got an answer. I recieved notice of the hearing on Oct 12th... the hearing was Oct.22.The Notice of Hearing was sent via mail. I also called the clerk of courts and was told it would take over a week for anything i would send in to be received and processed.
I did not deny him. After not abiding by our agreement. I told him to reschedule with enough notice and he could have his visitation. He still flew up here to pick her up after i told him not to. He had plenty of time to do that and never did. He let 2 1/2 months go by and didnt rechedule. I have 3 other daughters. All 3 are active in Girl Scouts and other community activities. I tried calling and texting him for 2 months prior to the start of summer vacation to see what his plans were. He never answered. I have the phone records to .
I just received the copy that was served to me yesturday in the mail.
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