Divorced in July 2013 after 13 years. Ex ordered to pay $900 a month for 26 months and a lump sum of $1500 which was to help me move to a cheaper place. I have not received a spousal support payment for going into the 8th month now and no lump sum. He is way behind, made one payment.
In September of 2013 he sent me an email that said he was no longer working and couldn't pay but he would do the "right thing" when he could. When I found out 3 months later he never left his job and is still there making $80K a year I filed a Motion for Contempt. I make $450 a week. I have been looking for a better job now for 16 months. I am 61 years old and not having much luck.
I filed my Motion for Contempt in January 2014, pro se. A hearing was set for the end of March. He was noticed and did not appear. I only got a copy of the hearing notice by going to the Clerk's Office because I was worried I had not heard or received anything for almost 3 months after filing my Motion. I kept calling and kept getting told no hearing date yet, no hearing date yet. By the time I found out the hearing date, it was only 15 days away.
At the hearing, the judge asked me where he was, I said I did not know, the judge said he was noticed by the clerk. I was asked if I had any filings to make and I said I was going to file a couple of subpoenas but it wasn�t necessary that I did, I wanted to move forward on what I had to present to prove my contempt Motion. Despite that, the judge continued the hearing for 6 more weeks and told me to file my subpoenas and left the bench.
I filed the subpoenas. I didn�t learn until after I filed them that they probably would not be honored as they went to another state. One subpoena was to his current employer and they actually called my home while I was at work but did not leave a message. I have had no compliance so far and don�t expect any.
Today I received notice that he now has hired back the lawyer who handled his side in our divorce and he has filed a Motion for a Continuance. I am going pro se because I am still paying my attorney off almost a year after the divorce.
So all of this crap to ask some simple questions. Can I file an objection to his continuance? And does anyone know where I can get the proper form to do so? I have been all over trying to find one for my state and have had no luck.
I know I need to base my objection partly on what his reason is for wanting a continuance but I need some guidance on reasons to list why I am objecting. My gut reaction is that he wants a continuance because he can ask for one. I want to try to avoid having that happen.
I feel that not receiving proper notice by the Clerk prompted the original hearing date to be moved back regardless of whether the subpoenas would fly or not. I objected to the original continuance in court and was ignored, he is certainly in contempt and has provided no defense to date and, honestly, I can�t think what it would be at this point, and he�s been noticed on both hearing dates well in advance, better than I have actually.
Are these good reasons for objecting? Are there others I should consider? Do I mention again the growing arrearage as I did in my original Motion and the hardship it has placed on me? It's sounds dramatic but I am one paycheck away from going down the tubes. I know I need to be respectful to the judge with my objection reasoning but I have been waiting since early January to be heard by the court and am waiting out a continuance I objected to in the first place. He wasn�t there and should probably have been issued a bench warrant and was not.
(And, yes, this was part cathartic, I know this isn't a lonely hearts club. But just typing this has stopped the shakes.)
Thanks in advance for any help.
In September of 2013 he sent me an email that said he was no longer working and couldn't pay but he would do the "right thing" when he could. When I found out 3 months later he never left his job and is still there making $80K a year I filed a Motion for Contempt. I make $450 a week. I have been looking for a better job now for 16 months. I am 61 years old and not having much luck.
I filed my Motion for Contempt in January 2014, pro se. A hearing was set for the end of March. He was noticed and did not appear. I only got a copy of the hearing notice by going to the Clerk's Office because I was worried I had not heard or received anything for almost 3 months after filing my Motion. I kept calling and kept getting told no hearing date yet, no hearing date yet. By the time I found out the hearing date, it was only 15 days away.
At the hearing, the judge asked me where he was, I said I did not know, the judge said he was noticed by the clerk. I was asked if I had any filings to make and I said I was going to file a couple of subpoenas but it wasn�t necessary that I did, I wanted to move forward on what I had to present to prove my contempt Motion. Despite that, the judge continued the hearing for 6 more weeks and told me to file my subpoenas and left the bench.
I filed the subpoenas. I didn�t learn until after I filed them that they probably would not be honored as they went to another state. One subpoena was to his current employer and they actually called my home while I was at work but did not leave a message. I have had no compliance so far and don�t expect any.
Today I received notice that he now has hired back the lawyer who handled his side in our divorce and he has filed a Motion for a Continuance. I am going pro se because I am still paying my attorney off almost a year after the divorce.
So all of this crap to ask some simple questions. Can I file an objection to his continuance? And does anyone know where I can get the proper form to do so? I have been all over trying to find one for my state and have had no luck.
I know I need to base my objection partly on what his reason is for wanting a continuance but I need some guidance on reasons to list why I am objecting. My gut reaction is that he wants a continuance because he can ask for one. I want to try to avoid having that happen.
I feel that not receiving proper notice by the Clerk prompted the original hearing date to be moved back regardless of whether the subpoenas would fly or not. I objected to the original continuance in court and was ignored, he is certainly in contempt and has provided no defense to date and, honestly, I can�t think what it would be at this point, and he�s been noticed on both hearing dates well in advance, better than I have actually.
Are these good reasons for objecting? Are there others I should consider? Do I mention again the growing arrearage as I did in my original Motion and the hardship it has placed on me? It's sounds dramatic but I am one paycheck away from going down the tubes. I know I need to be respectful to the judge with my objection reasoning but I have been waiting since early January to be heard by the court and am waiting out a continuance I objected to in the first place. He wasn�t there and should probably have been issued a bench warrant and was not.
(And, yes, this was part cathartic, I know this isn't a lonely hearts club. But just typing this has stopped the shakes.)
Thanks in advance for any help.
