Pro se contempt action

[asil8170]

What is the name of your state (only U.S. law)? Iowa
I started a contempt action against my ex-husband for refusing to pay his court ordered portion of our son's medical bills. Our hearing is scheduled for Oct. 9th. My ex has filed a "resistance to application for rule to show cause" and asked that the action be dismissed. First, I was wondering if a Judge can just dismiss the action and if so, on what grounds? Next, I have a quick question concerning the hearing procedures. During the hearing, can I "object" to statements made by my ex that I feel are irrelevant?
Thanks for your help.

 

[latigo]

What is the name of your state (only U.S. law)? Iowa
I started a contempt action against my ex-husband for refusing to pay his court ordered portion of our son's medical bills. Our hearing is scheduled for Oct. 9th. My ex has filed a "resistance to application for rule to show cause" and asked that the action be dismissed. First, I was wondering if a Judge can just dismiss the action and if so, on what grounds? Next, I have a quick question concerning the hearing procedures. During the hearing, can I "object" to statements made by my ex that I feel are irrelevant?
Thanks for your help.

It sounds as if your ex may also be lost. Perhaps Iowa rules do permit a motion to dismiss a motion of this sort, but not where I practiced law for decades. The norm as I know it is that the respondent, if so motivated, simply appears to contest at the time of the hearing. (Could be different in Iowa, I don't know, but substance usually controls over form.)

Anyway, it is very unlikely, regardless of what the ex has filed in counter, (sounds like stalling to me) that the court will dismiss your application until it is heard on its merits.

In that regard, hopefully you have asked for a money judgment in the amount of his unpaid share of the medical costs. And if not, I suggest that you amend the motion to include the same.
_________________________

And yes, either litigant may, through counsel or on his or her own behalf voice objections to any testimony or other evidentiary offerings submitted by the other side. Whether the objections are sustained as a matter of law is another issue. And matters of law are a vast subject of which you are most unlikely familiar.

But your biggest concern is having your supporting legal grounds, argument, proof prepared, evidence well documented and properly authenticated, presented and admitted over any objections from the ex or the court (mostly the court).

Successful trial work is 90% prepration. Zillions of cases are over tried, but none overly prepared!

Good luck

 

[asil8170]

Thanks for your answer.
I was VERY surprised when I got my ex's "resistance" in the mail. First, because it came directly from him, not his attorney (he's a doctor and has ALWAYS been represented by his lawyer) and second, because when I filed my application for rule to show cause the Clerk told me that he did NOT get an opportunity to answer and a hearing would be set immediately. Kinda confused about that.
As for the question concerning "objections,"...good. My ex ALWAYS like to bring up STUPID STUFF that I believe has NO relevance in the case. I'm sure that I will be objecting a few times...knowing him.
I would also like to thank you for the heads up on being prepared. I do have copies of all the medical bills, a copy of our divorce decree, copies of all my cancelled checks used to pay the bill and letters from my attorneys (from when I could afford one) showing that I have had to threaten Contempt 7 other times when he refused to pay what he owed (which proves that this has become a habit for him.)
And yes, I have asked for a monetary ruling. I want the reimbursement for the medical bill, the court costs, the sheriff's fee for serving him, the cost of certified mail (which he refused to accept,) 8% interest and lost wages for having to attend the hearing. I've also asked that the Judge order sanctions, in hopes that he won't continue this BS. Hopefully, I'm ready.