Contempt or Moot?

[CarmelMike]

California
My ex wife failed to make 2 court ordered payments on time to me. I filed Contempt. After her attorney consulted her to pay me, even though I received the payments 3 months after ordered date, I did not remove the contempt charges. Her attorney is now telling me, since I was payed, though late, that my contempt filings are moot. Since he has to go to court to defend the contempt charges, he is asking for his fees due to my "moot" contempt charges . Please advise. Thank you.

 

[LdiJ]

California
My ex wife failed to make 2 court ordered payments on time to me. I filed Contempt. After her attorney consulted her to pay me, even though I received the payments 3 months after ordered date, I did not remove the contempt charges. Her attorney is now telling me, since I was payed, though late, that my contempt filings are moot. Since he has to go to court to defend the contempt charges, he is asking for his fees due to my "moot" contempt charges . Please advise. Thank you.

Its possible that a judge could agree that the contempt case should have been dismissed (since the contempt was already cured) and order you to pay her attorney fees. I do not know how likely that is (a local attorney could give you a better idea) but its possible. I would guess that it depends on how little the judge likes his/her time to be wasted.

 

[stealth2]

So whatever happened with the contempt hearing wrt parenting time?

 

[LdiJ]

So whatever happened with the contempt hearing wrt parenting time?

That could be very relevant.

 

[HRZ]

Debates about actual visitation costs are moot...the order is what counts until or unless it gets changed.

Daughter does not get to make the rules...to ride horse or stay home .

I have no clue if for mom to pay 3 months late unrings the bell as to contempt . Ask somebody who practices family law in your state .

 

[LdiJ]

One thing that I will also add, is that contempt is not a criminal matter in most family law instances. It is generally civil contempt with civil remedies. Therefore continuing to pursue a contempt case after the contempt is already cured is not going to result in the other parent having a criminal record for contempt or anything like that. Therefore, it generally provides no benefit to continue to pursue the case once the contempt is cured.

 

[CarmelMike]

Thank you very much to everyone who shared their knowledge and advice regarding this matter. I did drop the contempt charges and will not be going to court tomorrow. Thank you once again. Carry on!

 

[stealth2]

So whatever happened with the contempt hearing wrt parenting time?