What is the name of your state? Florida.
Alright, I have searched high and low and cannot find that for which I search.
In 2003, there had been many hearing scheduled and rescheduled for Modification of Child support, among other things. Because the attorney who represents me is a murder trial lawyer as well as well as representing a chosen few in family law, he sometimes has to reschedule hearings due to conflict. I have made a habit of checking with his office days before a hearing to ensure it is still on at the sheduled time.
This one particular hearing, just after summer, was to handle nothing else except Modification of Child Support. As usual, on Monday (the hearing was on Wednesday) I decided to check in to see if it was still on. My attorney's assistant informed me he had to have it rescheduled because of a conflict. I said okay and thought that was that.
Months went by and actually was slightly into 2004 when I was arrested one morning on a Writ with Bodily Attachment. First, I had no knowledge of what that meant at the time and was not given much information. I was held in the county jail (in booking) for more than 19 hours before being extradited to the county jail that has jurisdiction over the child support aspect of my case. I had a first appearance the next day after being booked in that jail. I spent the next 72 or so hours until I was "purged" out. Hell, I didn't even know what a purge was or where it came from. I was never informed of anything.
So, upon getting home and researching things here is what I found:
The hearing that was to be cancelled/rescheduled in 2003 was not. I know the legal course is for my attorney to contact the Court with Jurisdiction but I guess in this instance, my attorney contacted my ex's attorney about it being rescheduled. She said she had no problem with it being rescheduled.
Turns out my ex and her attorney still attended the hearing. Her attorney also never informed the court of the intent to cancel/reschedule the hearing. So, the General Master found me in contempt for not attending attached 3 purge amounts to be paid in the following consecutive 3 months. Of course it was to be paid on top of my support. KEEP IN MIND I HAD NO KNOWLEDGE OF THIS AS THE COURT SENT THE LETTER OF CONTEMPT AND PURGES TO MY ATTORNEY ONLY. I was not informed of the letter as my attorney was going to ask for the charges to be set aside, although I already spent time in jail.
Here are my questions:
1. Is there anything legally I can do to have my ex's attorney reprimanded? I know I can contact the FL Bar and issue an Ethics complaint on her actions with respect to that hearing.
2. Do I have any legal recourse for the contempt?
According to FLA FAM L.R.P. Rule 12.615 (a) I had to show "willful failure to comply with a court order" and (b) "no civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard."
To the best of my knowledge and my questioning of my attorney, there was not a "Contempt Hearing" set. It seems they skipped this hearing and went directly into the Civil Contempt Charge and issuance of 3 purges to be paid.
I was told I could give Constructive Notice to either the General Master or my ex's attorney but I really have no idea where to start.
Alright, I have searched high and low and cannot find that for which I search.
In 2003, there had been many hearing scheduled and rescheduled for Modification of Child support, among other things. Because the attorney who represents me is a murder trial lawyer as well as well as representing a chosen few in family law, he sometimes has to reschedule hearings due to conflict. I have made a habit of checking with his office days before a hearing to ensure it is still on at the sheduled time.
This one particular hearing, just after summer, was to handle nothing else except Modification of Child Support. As usual, on Monday (the hearing was on Wednesday) I decided to check in to see if it was still on. My attorney's assistant informed me he had to have it rescheduled because of a conflict. I said okay and thought that was that.
Months went by and actually was slightly into 2004 when I was arrested one morning on a Writ with Bodily Attachment. First, I had no knowledge of what that meant at the time and was not given much information. I was held in the county jail (in booking) for more than 19 hours before being extradited to the county jail that has jurisdiction over the child support aspect of my case. I had a first appearance the next day after being booked in that jail. I spent the next 72 or so hours until I was "purged" out. Hell, I didn't even know what a purge was or where it came from. I was never informed of anything.
So, upon getting home and researching things here is what I found:
The hearing that was to be cancelled/rescheduled in 2003 was not. I know the legal course is for my attorney to contact the Court with Jurisdiction but I guess in this instance, my attorney contacted my ex's attorney about it being rescheduled. She said she had no problem with it being rescheduled.
Turns out my ex and her attorney still attended the hearing. Her attorney also never informed the court of the intent to cancel/reschedule the hearing. So, the General Master found me in contempt for not attending attached 3 purge amounts to be paid in the following consecutive 3 months. Of course it was to be paid on top of my support. KEEP IN MIND I HAD NO KNOWLEDGE OF THIS AS THE COURT SENT THE LETTER OF CONTEMPT AND PURGES TO MY ATTORNEY ONLY. I was not informed of the letter as my attorney was going to ask for the charges to be set aside, although I already spent time in jail.
Here are my questions:
1. Is there anything legally I can do to have my ex's attorney reprimanded? I know I can contact the FL Bar and issue an Ethics complaint on her actions with respect to that hearing.
2. Do I have any legal recourse for the contempt?
According to FLA FAM L.R.P. Rule 12.615 (a) I had to show "willful failure to comply with a court order" and (b) "no civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard."
To the best of my knowledge and my questioning of my attorney, there was not a "Contempt Hearing" set. It seems they skipped this hearing and went directly into the Civil Contempt Charge and issuance of 3 purges to be paid.
I was told I could give Constructive Notice to either the General Master or my ex's attorney but I really have no idea where to start.
