I was recently served with a contempt motion. I was supposed to pay off some debts after my divorce and also re-finance my house. I have had a hard time re-financing, so I have not yet paid off the debts because I wanted to take out money from the re-fi to do that. What do I do now?
If you have been served with a contempt motion, you should speak with an attorney right away if you have not yet. You should also make sure that you calendar your court date so that you are sure to appear. One of the worst case scenarios in a post-judgment motion for contempt is an order entered in your absence because that means that you did not have a chance to explain your actions and, in addition, a Capias may be issued for you.
A party can be found in contempt when there is a willful violation of a clear and unambiguous order. If the filing party cannot prove that your violation was willful, or if the underlying order was confusing or unclear, it is likely you will not be held in contempt. However, if you have blatantly not complied with the underlying Order, you will need a valid reason as to why. Make sure to consult with your attorney and see what they advise.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and up front with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at email@example.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.