Amend Contempt Motion

[Stressssed]

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

Hi - I am not sure if this is the right forum but figure I'm close. I am Pro Se. There is a motion of contempt in front of the court regarding ex's refusal to reimburse for medical costs pre-decree (per temp orders we split medical costs). Since that 'show cause' motion was filed, I have submitted several more requests to ex for reimbursement of new expenses incurred post-decree. Per the SPP, the reimbursement is to happen 30 days from receipt yet it's not happening. I've only received a single small token payment. I'd like to amend my motion so that when we go to court, all of the unreimbursed medical can be discussed and decided on, and not just the ones indicated in my original contempt motion. I know I need to file an amended motion but am not sure of the process and form(s) to use. I've googled my butt off but haven't had any luck in finding a sample amended motion. Plus local rules I've read don't let me know the process required to amend a previously filed motion. Any help, any links, would be greatly appreciated. -thx a bunch!What is the name of your state (only U.S. law)?

 

[Ronin]

You should not have to file an amended motion just to add receipts. The recent receipts are deemed to be fairly included, since they are all part of the same issue raised in your motion.

 

[Ohiogal]

You should not have to file an amended motion just to add receipts. The recent receipts are deemed to be fairly included, since they are all part of the same issue raised in your motion.

Not necessarily. Not if her original motion mentioned specific bills not paid. The easy way is to file a second contempt motion and ask it to be heard with the first contempt motion to state that you are filing based on all bills not paid within 30 days at the time of the scheduled hearing. And it must be filed at least a week (7 days) before the hearing date. So if the hearing is next week it is too late.

 

[Stressssed]

Thanks for your reply. My request was not whether or not I needed to file an amended motion. My question is specific to how do I file the amended motion and can someone link me to a sample amended motion.

If anyone can point me in the right direction for that, it would be greatly appreciated.

There is much detail that was not included in my initial post and, based on the info I provided, I can understand the comments that I would not need to amend. But I have consulted with an attorney and an amended motion was the course he suggested. Plus, after much conversation with the original law firm , they made it clear the only issue up for discussion was reimbursement of medical incurred pre-decree.

 

[Ronin]

My question is specific to how do I file the amended motion and can someone link me to a sample amended motion.

Do as OG recommended and file a second motion. You should be able to use the same format and service procedures as your original motion did.

I just noticed that you replied only seconds after OG, so your responses were crossed and the question was already answered before I had sent this

 

[Stressssed]

Thanks all for your responses.

One of my concerns is how my actions will be viewed by the court. I don't want to 'bother' the court with another motion. I was told courts don't like the filing of lots of motions and that's why an amended motion is a better tool. Does that make sense? There are currently two motions for discussion when we go to court so I'm not really sure if an amended motion, or a new separate motion will make much difference. Am interested in comments.

I am still not sure how to file an amended motion. That part of my question hasn't been addressed and if anyone can answer that I would be very appreciative. But I can file a new motion without much trouble since there are many examples out there that I can use to base a new motion on (e.g.; for correct format, etc.).