Motion of Contempt


#1

In November 2008, my stbx wife and I signed an Ed agreement. My attorney convinced me to pay the house payment and an additional $ amount for child support. I am behind on the house payment and a week behind on the additional. We agreed that she could have the house, but the mortgage is still in both our names. It always will be, as she can’t get a loan to refinance. She was awarded part of my 401K, but it has never been taken from my account.
As far as custody of our 2 children, she has primary and I have visitation, is my belief.
I have asked my attorney (past) to send me a copy of the agreement filed in the court, but have yet to recieve. I have nothing that states anything about custody, so I am unsure if any document even exists.
Today I received a motion of contempt. I assume this is on the house payment, but could be the 401? Can you tell me exactly what this motion entails? Could things be changed at the hearing? I am pretty sure I need to get an attorney.


#2

A motion for contempt is made when one party believes that the other is not abiding by an existing court order. A hearing will be set for the judge to determine if the party who is alleged to be in violation of the order is doing so willingly. The motion should outline the allegations so that you know what to expect.


#3

The paper that was mailed to me states nothing but our names, the date and time to appear at the court house and where you check the purpose, other is checked with Motion for Contempt typed in. Is there some way for me to find out what the Contempt is for before appearing in court?


#4

It seems as if only the Order to appear was mailed to you. I suggest you contact the clerk to see if a detailed motion was filed.