Registered: 1276492221 Posts: 5
Reply with quote #1
This forum has been fantastic. My friend was recently served a summons for contempt regarding the non-payment to his ex of his share of the legal fees. He then paid the outstanding balance at the courthouse and submitted a Motion for Continuance. The new hearing date is set for 6 weeks. Both parties live out of state. Now what is his next step? What forms or motions should he submit now that he is compliant. Should he get an affidavit from the ex-wife's lawyer saying that they no longer believe he is in contempt? Is there such a thing as a Motion to Dismiss in contempt cases? Is there anything that can be done to get the case dismissed? Thank you on behalf of my friend - a broke, but awesome Iowa dad!
Registered: 1078687818 Posts: 3,096
Reply with quote #2
I'd write the opposing attorney and ask him or her to withdraw the contempt since payment has been made.
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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
Registered: 1117129928 Posts: 1,320
Reply with quote #3
If they won't drop the case then I'm sure you can find somewhere that she is in contempt, such as a visitation violation or anything and file a counter suit.
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