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contempt charge thrown out

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BL

Senior Member
Gracie3787 said:
Yeah, it might say something on that about another hearing, so OP should check into it.

As I was rereading this whole thread, something occured to me. OP said that the Judge "threw out" the contempt charge, but said that there should be another, shorter hearing in 15 days to allow OP to get documentation of payments made.

OP (and me) have been viewing this as the Judge has already ordered that credit be given for those payments, BUT, has the court actually ordered that credit be given?

If I'm now reading this correctly, OP will not be allowed credit UNTIL that second hearing occurs. Am I correct in this? If I am, then it seems that it would be in OP's best interests to have the ordered hearing, even if it listed as a "rehearing".

Am I correct, or am I way off base?
Gracie
Gracie , I think I see what has/is happening here .

The Judge has already ruled there was no contempt IE: The Judge was NOT going to find the OP in Contempt .

Apparently the Judge told the X's Lawyer to schedule " the shorter hearing " , so the Poster could produce proofs of payment , and decide any remaining issues . The Lawyer never Scheduled this hearing , and is now wanting the OP to Settle,Stating the Judge was wrong , or He'/She is going to ask for a re-hearing on the whole matter , through what Court ,who knows .

Unless FL. hears CS and visitations together , and contempt was dismissed on the moves ???

The OP has also stated since the Divorce , BOTH of them have violated the Orders by moving several times , but now wants to know if Contempt can be filed against the X , because of his recent move . ( personally , I don't think it will fly , due to both not abiding by the 10 day notice in the past ).

The Poster wants Visitations/Contact with the Child .

I'm not familiar with FL. Law on this .
 
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tigger22472

Senior Member
Me thinks me be a bit confused here too...but this what I took from it..

OP was ordered to pay CS through CSE (or some agency, however it works there), yet for some period of time gave it to CP directly. The judge has ordered if she can prove she made these payment that they will go towards credit for the OP on any arrears the NCP claims there are. I'm not sure the judge actually dismissed the case but probably continued it.

I also suspect the CP's lawyer filed this motion and likely (absent SOL on appeal) has the right to do so as this judge may or may not have had the right or does have the right to credit the OP for monies paid directly to the CP. I'm not saying I agree with it but I know that in the state of Indiana (I know, not FL) if you are ordered to pay through CSE and you don't, the CP does NOT have to report it or let it allowed to be credited. In fact, CSE will tell the CP that it can be considered a gift simply because the NCP didn't follow the court order with payments.
 

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