Motion for Contempt


#1

As a pro se plaintiff, I settled with the defendant in mediation in an alienation of affection case. The settlement included a specific schedule by which the defendant must make thousands of dollars in payments to me over time. Included in the court order was the statement that the defendant’s failure to pay by those dates will result in contempt of court.

Since the defendant’s first payment to me has not been made by the specified date in the court order, I assume it is necessary for me to file a motion for contempt of court. Is that correct? And if so, does my motion for contempt have to be withdrawn if he subsequently makes his payment before my motion is heard in court?


#2

Yes, you will have to file a motion for contempt and contact the clerk’s office for a court date. If a payment is made prior to a hearing, I would suggest that you withdraw your motion as it would be fruitless at that point.