Contempt


#1

I have a consent order that outlines that my STBX must sign necessary paperwork for me to sell my property and take his truck out of my name. The temp order was signed in June. STBX has not completed any of the request action. I have emailed him and called him and he still has not taken action. The temp order does not give a date he is to complete the paperwork and have the truck out of my name. Can I file contempt? I have passed up the sale of my home several times and almost in foreclosure because he will not sign the paperwork. Also the temp order stated visitation and child support which he has already started. So I am wondering if all things in the temp order should take place during the same month the judge signed the order at least.
What is the process for filing a contempt? If I file contempt, what consquences will the STBX face?


#2

You should file a motion for contempt, and the judge will determine whether or not your ex is in willful violation of the Order. The judge can impose sanctions, fine your ex, or even send him to jail until he is in compliance with the Order.

To file for contempt you must file a motion outlining your allegations regarding his disobedience and set the matter for hearing by providing the clerk with an Order to Show Cause. This is a document which Orders the offending party to appear before the court and show cause as to why they are not in compliance with the Order.