Swamped with filings by his attorney!

[DDQueen]

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

Yes, I'm back.

I will try to keep this as short as possible but there is, I believe, necessary info to impart in order to have someone, hopefully, help me answer some questions.

I filed a Motion for Contempt pro se 6 months ago in Family Court for his failure to pay spousal support. I have a hearing on it in 13 days. 10 days ago he hired back the attorney who did our divorce last year at $250.00 an hour despite being $7+ behind in spousal support.

Since then I have been swamped by filings by his attorney.

I have bridge the gap spousal support for 24 months after 14 years of marriage just to help me get on my feet a bit. He made 4 payments and stopped 9 months ago completely. I waited 3 months before doing anything because he kept saying he would “do the right thing” and he was “working to be a better person”. He was now ”going to church” and I guess I was hoping he was finding a path that worked for him and…..because I was still a sappy idiot.

After 3 months of nothing, I found some backbone and filed my motion.

He has told his attorney he is unemployed and collects no unemployment. He has provided no proof of this that I am aware of. He has never met his lawyer in person so I suppose the attorney just has to take his word for it or he does have some proof that I will see in court. I have exhausted any free means I had to try to find out if he is truly unemployed, collecting unemployment or working.

I sent a subpoena to his last known employer but it has gone unanswered so far and probably won’t be. It was sent out to a company out of state and they have no obligation to answer it, I just took a shot. They did call me once when I was at work. I saw it on my caller ID but they left no message so I did not call them back.

In the last 10 days his attorney has filed:

A Motion to Continue the Hearing which I objected to, both in person and with filings of objection. This would be the third continuance due to his failure to appear and he was properly noticed each time. The first time it was continued for 6 weeks and the second time for 8 weeks. This time it was only set back by 2 days for which I am grateful. I have been waiting to be heard for 6 months.

A Motion to have him appear telephonically which I also objected to. Being on the third setting for this hearing due to his failure to appear twice already with no reason or defense for not appearing, I felt I had no choice but to object.

I did some research (NO I am not an attorney) and found that the Florida Rules of Judicial Administration 2530(d)(1) provides that a “county or circuit court judge may, if all the parties consent, allow testimony to be taken through communication equipment.” There is no such rule that overrides this that I could find in the Family Law Rules of Procedure. Right now those Rules are governed by the Rules of Judicial Administration in the absence of one for Family Law procedures.

The reason given on the Motion for requesting the telephone appearance is that ex lives out of state and it would place an undue burden on him to have to appear in person. He lived out of state when the divorce was filed, during the proceedings for the same and remains there still. We had no court appearances set during the divorce so neither of us had to appear.

Today I received a notice that an expedited hearing on my objection to a telephone appearance by him has been set for 3 days from now. 10 minutes has been set aside for this.

A Motion to Abate/Suspend Spousal Support, RETROACTIVELY (which would go back 10 months of non-payment).

Questions:

1. Any chance at all that I might “win” on my objection to have ex “appear” by telephone? The Judicial Administration Rules seem pretty clear to me and the reasons stated for it don’t seem very strong to me.

2. There is only 10 minutes set aside for the expedited hearing that is in 3 days. Does this mean I can’t present any evidence to support my objection because of the hearing being allowed such a short period of time? If the Rule is the Rule and all parties must consent and I don’t, what’s the point of the hearing?

3. On the Motion to Abate/Suspend. With bridge the gap spousal support I have read that it is not modifiable but it is subject to abatement or suspension – feel free to correct if I’m wrong. My first concern with this Motion is that is supposed to be heard at the same time as the hearing I have been waiting for for 6 months. There is only 30 minutes set for my Motion hearing. I have quite a bit of evidence to present to support my Motion for Contempt and have been working hard to make sure I can present what I have within 30 minutes. If his attorney is going to argue for abatement or suspension during the same 30 minutes, I feel like someone is going to run out of time and it will be me. Is there something I should do about his Motion to Abate being at the same time? A written objection beforehand? I can’t see objecting to something without presenting evidence of contempt first so an objection beforehand doesn’t seem to make sense. I almost feel like a 6 month wait for this hearing is going to end up with it being hijacked by him.

Thank you for any help.

 

[Proserpina]

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

Yes, I'm back.

I will try to keep this as short as possible but there is, I believe, necessary info to impart in order to have someone, hopefully, help me answer some questions.

I filed a Motion for Contempt pro se 6 months ago in Family Court for his failure to pay spousal support. I have a hearing on it in 13 days. 10 days ago he hired back the attorney who did our divorce last year at $250.00 an hour despite being $7+ behind in spousal support.

Since then I have been swamped by filings by his attorney.

I have bridge the gap spousal support for 24 months after 14 years of marriage just to help me get on my feet a bit. He made 4 payments and stopped 9 months ago completely. I waited 3 months before doing anything because he kept saying he would “do the right thing” and he was “working to be a better person”. He was now ”going to church” and I guess I was hoping he was finding a path that worked for him and…..because I was still a sappy idiot.

After 3 months of nothing, I found some backbone and filed my motion.

He has told his attorney he is unemployed and collects no unemployment. He has provided no proof of this that I am aware of. He has never met his lawyer in person so I suppose the attorney just has to take his word for it or he does have some proof that I will see in court. I have exhausted any free means I had to try to find out if he is truly unemployed, collecting unemployment or working.

I'd be seriously considering mentioning that. He can afford an attorney...but can't afford his obligations?

I sent a subpoena to his last known employer but it has gone unanswered so far and probably won’t be. It was sent out to a company out of state and they have no obligation to answer it, I just took a shot. They did call me once when I was at work. I saw it on my caller ID but they left no message so I did not call them back.

That's often hit and miss. This one seems to be a miss.

In the last 10 days his attorney has filed:

A Motion to Continue the Hearing which I objected to, both in person and with filings of objection. This would be the third continuance due to his failure to appear and he was properly noticed each time. The first time it was continued for 6 weeks and the second time for 8 weeks. This time it was only set back by 2 days for which I am grateful. I have been waiting to be heard for 6 months.

Good - it's high time the motion was heard.

A Motion to have him appear telephonically which I also objected to. Being on the third setting for this hearing due to his failure to appear twice already with no reason or defense for not appearing, I felt I had no choice but to object.

I did some research (NO I am not an attorney) and found that the Florida Rules of Judicial Administration 2530(d)(1) provides that a “county or circuit court judge may, if all the parties consent, allow testimony to be taken through communication equipment.” There is no such rule that overrides this that I could find in the Family Law Rules of Procedure. Right now those Rules are governed by the Rules of Judicial Administration in the absence of one for Family Law procedures.

I can tell you that an interstate matter is often heard by telephonic appearance even if there is no agreement between the parties to do so.

(if you're really bored, look for threads by signspinner)

And read this: http://www.escambiaclerk.com/clerk/coc_family_law_forms.aspx - scroll down about 2/3 of the page for the pertinent forms.

The reason given on the Motion for requesting the telephone appearance is that ex lives out of state and it would place an undue burden on him to have to appear in person. He lived out of state when the divorce was filed, during the proceedings for the same and remains there still. We had no court appearances set during the divorce so neither of us had to appear.

Today I received a notice that an expedited hearing on my objection to a telephone appearance by him has been set for 3 days from now. 10 minutes has been set aside for this.

I'd prepare for the court to rule against me - at least that way there'll be no nasty surprises.

A Motion to Abate/Suspend Spousal Support, RETROACTIVELY (which would go back 10 months of non-payment).

Questions:

1. Any chance at all that I might “win” on my objection to have ex “appear” by telephone? The Judicial Administration Rules seem pretty clear to me and the reasons stated for it don’t seem very strong to me.

Living out of state is generally all that's needed. They don't require much proof

2. There is only 10 minutes set aside for the expedited hearing that is in 3 days. Does this mean I can’t present any evidence to support my objection because of the hearing being allowed such a short period of time? If the Rule is the Rule and all parties must consent and I don’t, what’s the point of the hearing?

Again, I'd expect the motion to be denied.

3. On the Motion to Abate/Suspend. With bridge the gap spousal support I have read that it is not modifiable but it is subject to abatement or suspension – feel free to correct if I’m wrong. My first concern with this Motion is that is supposed to be heard at the same time as the hearing I have been waiting for for 6 months. There is only 30 minutes set for my Motion hearing. I have quite a bit of evidence to present to support my Motion for Contempt and have been working hard to make sure I can present what I have within 30 minutes. If his attorney is going to argue for abatement or suspension during the same 30 minutes, I feel like someone is going to run out of time and it will be me. Is there something I should do about his Motion to Abate being at the same time? A written objection beforehand? I can’t see objecting to something without presenting evidence of contempt first so an objection beforehand doesn’t seem to make sense. I almost feel like a 6 month wait for this hearing is going to end up with it being hijacked by him.

Thank you for any help.

Yes! You NEED to respond to the filing! have you actually submitted your reasons to the court, or did you just file with the expectation of explaining on the day?

Now you really need to read spinny's threads - he was pro se, his ex had lawyered up, and spinny basically sabotaged his case.

I don't want you to do that!

 

[Ohiogal]

How do you know he is paying his attorney and what he is paying his attorney?

 

[DDQueen]

I know what they say about assumptions... but I am making one. He is the same attorney who represented him in our divorce. At that time, my ex actually sent me a copy of the bills for that representation to prove, I guess, that the divorce was costing him more than my attorney was charging. Maybe this time, his attorney is doing it for free. I will find out for sure after receiving information from my motion to produce - that is one of the items I am sought documentation on. So it may be a wrong assumption but I guess I will find out.

Proserpina: Thank you so much for your reply. I have two other questions maybe you can help with.

The Motion to Abate/Suspend is seeking retroactive abatement. Given Florida does not allow retroactive support, any ideas on whether abatement of support order at the time of Final Judgment can be abated retroactively? He has provided zero evidence in support of this motion so far.

The Notice that accompanied this Motion is a Cross-Notice. I have tried to find out what this is, what the rules are on one and why it's set for the same time as my hearing and have had no luck. Do you know what a cross-notice is and what effect it may have?

Thank you again.

 

[Ohiogal]

I know what they say about assumptions... but I am making one. He is the same attorney who represented him in our divorce. At that time, my ex actually sent me a copy of the bills for that representation to prove, I guess, that the divorce was costing him more than my attorney was charging. Maybe this time, his attorney is doing it for free. I will find out for sure after receiving information from my motion to produce - that is one of the items I am sought documentation on. So it may be a wrong assumption but I guess I will find out.

Proserpina: Thank you so much for your reply. I have two other questions maybe you can help with.

The Motion to Abate/Suspend is seeking retroactive abatement. Given Florida does not allow retroactive support, any ideas on whether abatement of support order at the time of Final Judgment can be abated retroactively? He has provided zero evidence in support of this motion so far.

The Notice that accompanied this Motion is a Cross-Notice. I have tried to find out what this is, what the rules are on one and why it's set for the same time as my hearing and have had no luck. Do you know what a cross-notice is and what effect it may have?

Thank you again.

How is what he is paying his attorney relevant to your motion to show cause of him being able to pay spousal support? Just because he is supposed to pay his attorney X doesn't mean HE is the one who is -- it could be family or friends who are paying his attorney. Also from what I have found, if he is facing contempt in Florida and is indigent, the state may appoint counsel for him.

The time for him to provide evidence in support of his motion is at the time of the hearing. Courts like judicial efficiency which is why his hearing is set for the same time as yours. A cross notice gives you notice that his motion is heard at the same time yours is heard. Be prepared to deal with both at the same time.