Legal Question in Family Law in Florida
My ex married wealth, quit job(masters degree 25 yrs in career), moved, hired attorney and filed for Child support mod. I'm pro se(not by choice). I answered petition, countered that unemployment is voluntary, filed all financials and filed 2 motions for contempt because he also cancelled court ordered insurance on minor and is not paying 1/2 of med bills. Ok, here comes the question...6 months later and he hasn't filed any financials or responded to either motion for contempt. We had telephone conf w judge who set hearing date and his atty offered to file notice of hearing. He didn't file and we lost the court date. Should I file a motion to dismiss CS mod and are the motions for contempt considered separate cases? Thanks!
4 Answers from Attorneys
First, file a motion to compel your ex's financial. Then set that motion for hearing. Then, once you get the financials, said everything else for hearing at the same time. By the way, your child support should not go up because your ex quits a job to marry money.
He does not have to respond to a motion for contempt. Make sure you understood what the telephone conference was regarding. Look at the court minutes. Also pull the court file and see if there was an Order issued or if there is anything scheduled. You can file a Motion to Compel his documents and coordinate a hearing with his attorneys office on that Motion.
The motions for contempt are separate matters within the same case.
1. Talk to County Legal Aid office about representation.
2. Any Pro Se party will have problems; make sure you have a court reporter.
3. If you do not what the Judge says ask her to clarify
re-file motions to compel and get all the discovery, then set the matter for hearing. Contact my office for free consultation 727-446-7659
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