Contempt- Motion to Compel


#1

Timeline of events:
January 2012- Soon to be ex-husband and I agreed and signed off to consent order including child custody/support. We shared legal custody and I had primary physical custody
August 2012- Ex filed a motion to modify custody. He was asking for primary physical custody. His “substaintial” reason for circumstance was becasue I moved her daycare without his approval.
September 2012- My lawyer responded to his complaint, and also served him with 50 pages of discovery along with motion to modify Child Support
November 2012- Came and went and he failed to respond to discovery
December 7, 2012- Filed Motion to Compel
January 7, 2013- Motion to Compel hearing came and judge ordered him to respond to any and all discovery items. No objections allowed
February 7, 2013. Ex-husband and laywer failed to comply with decision ordered in the motion to compel hearing. We have not received anything from his laywer.

Is it even worth it for me to spend time and money for my attorney to file a contempt of court in this matter? I hate to spend all of this extra money if the judge is just going to let him apologize and move on?


#2

If you want your discovery answered, you need to follow through with the necessary steps to see to it that it gets answered. I would also include with the motion for contempt a request for attorney’s fees.