Hello,
I was divorced in Florida, 13th Judicial Circuit. The Final Judgment orders Former Wife to pay Former Husband 403.37 on the 15th of each month for 60 months with the first payment to commence 6/15/09. Former Wife has made no payments. I filed a motion for Contempt, Enforcement and Sanctions that was directed to mediation then to a General Magistrate.
I went before General Magistrate yesterday and was shut down. Former Wife's attorney provided case law stating that Contempt is not permissible under Florida for equalizing payments in Equitable distribution. The Magistrate told me that I filed the wrong motion and that I needed to file the correct motion. However, the magistrate would not tell me what the correct motion was.
Does anyone know what the correct motion would be. Also, if I must collect this amount through ordinary creditor debtor law, what should I do and am I able to requests interrogatories and depositions in aid of execution of judgment to obtain information about Former Wife's address, employment, and domestic and foreign assets?
Thanks in advance for any information you may have.
Steven
I was divorced in Florida, 13th Judicial Circuit. The Final Judgment orders Former Wife to pay Former Husband 403.37 on the 15th of each month for 60 months with the first payment to commence 6/15/09. Former Wife has made no payments. I filed a motion for Contempt, Enforcement and Sanctions that was directed to mediation then to a General Magistrate.
I went before General Magistrate yesterday and was shut down. Former Wife's attorney provided case law stating that Contempt is not permissible under Florida for equalizing payments in Equitable distribution. The Magistrate told me that I filed the wrong motion and that I needed to file the correct motion. However, the magistrate would not tell me what the correct motion was.
Does anyone know what the correct motion would be. Also, if I must collect this amount through ordinary creditor debtor law, what should I do and am I able to requests interrogatories and depositions in aid of execution of judgment to obtain information about Former Wife's address, employment, and domestic and foreign assets?
Thanks in advance for any information you may have.
Steven