marital settlement agreement Contempt of court?

[andymandy]

WI
Failed to pay a credit card dept in a marital settlement agreement 9 years ago and now husband has went to court to have her in contempt because he paid off the debt 2 years ago. When she found out she agreed to pay back half and make monthly payments on the rest before she goes to court. My question is what will most likley happen whe she goes to court with a agreement between them on repayment?

[Bali Hai]

Originally Posted by andymandy

WI
Failed to pay a credit card dept in a marital settlement agreement 9 years ago and now husband has went to court to have her in contempt because he paid off the debt 2 years ago. When she found out she agreed to pay back half and make monthly payments on the rest before she goes to court. My question is what will most likley happen whe she goes to court with a agreement between them on repayment?

The judge will probably fine both of them for wasting the court's time.

If they are in agreement, what is the purpose of litigation?

[andymandy]

They came to agreemment after the papers have been filed for circuit court by the ex. can the court date be canceled? which is in 3 days

[Ohiogal]

Originally Posted by andymandy

They came to agreemment after the papers have been filed for circuit court by the ex. can the court date be canceled? which is in 3 days

The ex should file a motion to dismiss.

[latigo]

Whether the ex has a remedy through contempt proceedings may hinge on the wording in the decree confirming the postnuptial agreement.

Also I would think that there would be a time limitation within which a motion such as this could be filed.

In Texas for example it is two years after the decree is signed. But I haven’t been able to find a similar statute in Wisconsin.

But even in the absence of a specific statute of limitations I would think the equitable doctrine of laches * would apply after nine years and bar all of the ex’s legal remedies.

She really needs to talk to an attorney in the state and employ professional representation to resist the motion. If she doesn’t, some nitwit judge may order that she be incarcerated.

Sax

[*] "LACHES, DOCTRINE OF - Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense raised in civil actions.

Laches is derived from the French 'lecher' and is nearly synonymous with negligence.

In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity delay will also generally be prejudicial."

[latigo]

Incidentally, I've never heard of a motion to dismiss a motion. But then I learn something new everyday or so.

[Ohiogal]

Originally Posted by latigo

Incidentally, I've never heard of a motion to dismiss a motion. But then I learn something new everyday or so.

I have heard of them, written them, filed them, and had motions dismissed because of them. What exactly is your background?