Dismissing a Contempt Order

[mediaman007]

What is the name of your state (only U.S. law)? Florida

My ex-wife filed a motion of contempt. The judge has since entered his order granting it to her. Through conversations, I have asked her to drop/dismiss the contempt. She has agreed but claims she has been told there is nothing she can do. An order is an order, it's up to her whether she wants to enforce it or not. Can someone please point me in the right direction so we can get this done. Thanks.

 

[tranquility]

What is the name of your state (only U.S. law)? Florida

My ex-wife filed a motion of contempt. The judge has since entered his order granting it to her. Through conversations, I have asked her to drop/dismiss the contempt. She has agreed but claims she has been told there is nothing she can do. An order is an order, it's up to her whether she wants to enforce it or not. Can someone please point me in the right direction so we can get this done. Thanks.

She makes a motion to the court to dismiss the restraining order. The court will hold a hearing and, if she presents evidence the court finds persuades it to remove the order, the judge removes it. But, an order only usually lasts a year. It is not certain such a motion would be heard on an accelerated basis unless there is some reason why it has to be done immediately.

If she wants it gone, she should get an attorney.

 

[mediaman007]

She makes a motion to the court to dismiss the restraining order. The court will hold a hearing and, if she presents evidence the court finds persuades it to remove the order, the judge removes it. But, an order only usually lasts a year. It is not certain such a motion would be heard on an accelerated basis unless there is some reason why it has to be done immediately.

If she wants it gone, she should get an attorney.

Well there is more to it. This is not a restraining order. This is an order for paying back rearrages in alimony. We have worked out some issues and now she and I agree the order is unjust and want to dismiss it. Just wondering how she would go about it. I would think a Motion to Dismiss an Order would be good enough. Not sure, that's why I'm asking on here.

Thanks so much for you input though.

 

[LdiJ]

Well there is more to it. This is not a restraining order. This is an order for paying back rearrages in alimony. We have worked out some issues and now she and I agree the order is unjust and want to dismiss it. Just wondering how she would go about it. I would think a Motion to Dismiss an Order would be good enough. Not sure, that's why I'm asking on here.

Thanks so much for you input though.

Are you sure that she really agrees with you? Are you sure that she isn't just pacifying you and has no intention of dismissing the order? Why would she file for contempt for non-payment if she didn't want the money?

 

[tranquility]

Are you sure that she really agrees with you? Are you sure that she isn't just pacifying you and has no intention of dismissing the order? Why would she file for contempt for non-payment if she didn't want the money?

Not only that, but wouldn't that be a gift? If the spouse has a right to alimony and surrenders it, hasn't she given the OP a gift? For the same reason I was cautious on the restraining order, I have caution here too. No judge is just going to rubber stamp a dismissal of a court order is such a situation without hearing good cause. Both parties agreeing it is "unfair" now that they have worked out some issues is not going to be enough.

Again, an attorney will be necessary to research the prospects of the court even considering such a motion.

 

[Bali Hai]

Not only that, but wouldn't that be a gift? If the spouse has a right to alimony and surrenders it, hasn't she given the OP a gift? For the same reason I was cautious on the restraining order, I have caution here too. No judge is just going to rubber stamp a dismissal of a court order is such a situation without hearing good cause. Both parties agreeing it is "unfair" now that they have worked out some issues is not going to be enough.

Again, an attorney will be necessary to research the prospects of the court even considering such a motion.

If the alimony was not agreed to, the court gave HER a gift, she's not accepting it. If the alimony was agreed to, why should the court care if both parties now want to change the arrangement?

I agree with LdiJ, a woman doesn't want money? Something is fishy here.

 

[tranquility]

If the alimony was not agreed to, the court gave HER a gift, she's not accepting it. If the alimony was agreed to, why should the court care if both parties now want to change the arrangement?

I agree with LdiJ, a woman doesn't want money? Something is fishy here.

Alimony is not a "gift". While we can debate the reason why all day, the end result is that once the court orders it, it is a property right. Loans can be made against it. The court "cares" because it was awarded for public policy reasons up front. If now the OP is going to be on some type of public assistance or is not going to otherwise get back on her feet because of the ex's change of heart, the court will not be doing the public good by agreeing with the change. As well, the court will look for coercion, undue influence or other factors that indicate the ex is not making a sound judgment before changing the court order.

 

[Bali Hai]

Alimony is not a "gift". While we can debate the reason why all day, the end result is that once the court orders it, it is a property right. Loans can be made against it. The court "cares" because it was awarded for public policy reasons up front. If now the OP is going to be on some type of public assistance or is not going to otherwise get back on her feet because of the ex's change of heart, the court will not be doing the public good by agreeing with the change. As well, the court will look for coercion, undue influence or other factors that indicate the ex is not making a sound judgment before changing the court order.

Example: I've decided I'm going to invest all my assets into one equity. I may lose all those assets and end up on public assistance. Does the court care? No.

If the OP and ex agreed at the outset to waive alimony, would the court care? No. It's only now after the court has ratified the agreement that any future agreements must have the courts blessing?

If the court cares so much about doing the public good, why isn't there a policy in place to prevent me from risking all my assets in one investment and ending up a public charge?

If the OP and ex have agreed that it is best for them to terminate the agreement, big brother shouldn't care. This is a classic example of power hungry big brother out of control. Oh, that and God forbid, the court is seen as taking money from a woman whether the woman wants the money or not.