Court Order Question...

[RockyTop TN]

What is the name of your state? TN

It's me again. While looking over the CO wherein I represented myself pro se and a judgment was rendered. I have a question about the following paragraph and what it means as far as the any punishment being suspended. Here is the paragraph verbatim.

3. The Defendant is found in willful contempt of Court for failure to pay as ordered, but any punishment that may have been rendered by this Court is suspended.

Does this mean that the court will not entertain a Motion to Impose Sentencing even though my ex has made no attempt to pay this judgment since the date of the order or what? Just caught this, I thought it stated the punishment was reserved.

 

[RockyTop TN]

Is there a reason...

...that no one really answers my questions or gives me suggestions? I know you cannot hand out legal advice and anything answered should not be considered "legal advice", so I do not understand why my questions seem to be so hard to answer or not at all? My last thread was closed and I do not know why? I'm a little confused

I am just trying to get through this court stuff with a little support from people who either work in the field or have gone through the same or similar situations. I'm not asking for concrete answers or holding anyone accountable for "opinions given".

Just wondering, if I am asking unanswerable questions or what?

I really do appreciate any help or direction I can get.

 

[>Charlotte<]

Be patient. This is a weekend evening, and the people that can answer your questions are volunteers.

Apparently your other thread was closed to avoid any further responses by a poster that was being disruptive and giving potentially harmful advice.


ETA: You're welcome

 

[RockyTop TN]

Thank you

Thanks for the explanation. I was starting to get a complex.

 

[Ohiogal]

What it means is that it was suspended. the punishment can be reinstated at a later time.

 

[RockyTop TN]

I thought so

I thought "Suspended" meant that it could be reinstated, but wanted to make sure, before I filed the Motion to Impose Punishment. I drafted it last night. It's not that great, lays out my argument as it relates to the CO that he continuing to be ignored.

 

[Zigner]

What is the name of your state? TN

It's me again. While looking over the CO wherein I represented myself pro se and a judgment was rendered. I have a question about the following paragraph and what it means as far as the any punishment being suspended. Here is the paragraph verbatim.

3. The Defendant is found in willful contempt of Court for failure to pay as ordered, but any punishment that may have been rendered by this Court is suspended.

Does this mean that the court will not entertain a Motion to Impose Sentencing even though my ex has made no attempt to pay this judgment since the date of the order or what? Just caught this, I thought it stated the punishment was reserved.

The court has already refused to impose sentencing at this time

 

[RockyTop TN]

Zigner, I would like your answer to be...

..."yes you can file a Motion to Impose Punishment" that the Judge just SUSPENDED the sentence for that court date, but can impose sentencing at a later date.

How's that?

 

[LdiJ]

..."yes you can file a Motion to Impose Punishment" that the Judge just SUSPENDED the sentence for that court date, but can impose sentencing at a later date.

How's that?

If the statement "impose sentencing" was stated in the order, then your motion should be a motion to impose sentencing, rather than a motion to impose punishment. Or even a motion to reinstate previously suspended sentencing. In fact, I think the last one makes more sense.

 

[RockyTop TN]

I believe that it best as well

So "Motion to Reinstate Previously Suspended Sentencing" it is.

Now, I noticed on the CS Agencies Petition for Contempt, they did the Oath at the end but I didn't see a Certificate of Service on it or attached.

I am assuming that his court appointed attorney from our last court date will still be representing him in both causes. Therefore, I will need to send the COS to his counsel, correct? I was assuming he'd get served, but since the Judge had previously appointed him an attorney (since he was facing jail time), I guess his attorney will accept service. That's sounds correct, correct?

 

[LdiJ]

So "Motion to Reinstate Previously Suspended Sentencing" it is.

Now, I noticed on the CS Agencies Petition for Contempt, they did the Oath at the end but I didn't see a Certificate of Service on it or attached.

I am assuming that his court appointed attorney from our last court date will still be representing him in both causes. Therefore, I will need to send the COS to his counsel, correct? I was assuming he'd get served, but since the Judge had previously appointed him an attorney (since he was facing jail time), I guess his attorney will accept service. That's sounds correct, correct?

Yes, an attorney generally accepts service for their client, however to be safe I would also serve dad directly as well...as a sort of "just in case"..or at least try to serve him. Its better to err on the side of caution.

 

[RockyTop TN]

that's exactly

what I planned on doing, while drafting the COS. I thought, hmmmm, I better have both served.

His attorney hates me so bad. Not me the person, but because he got stuck dealing with my ex. This will probably force him into retirement. j/k He hasn't said anything, but you can see his frustration with my ex for not cooperating whenever he is trying to talk to him and tell him, that he has to Pay Child Support and needs to pay this judgment. I feel sorry for his attorney. He had two previously that he paid but one withdrew because my ex would never show up to court or cooperate and the second one did the same thing and he wouldn't pay her bill.

I had to question him on the stand during the pro se hearing and it was crazy. While I had him on the stand he wouldn't answer any of my questions no matter how I worded them or what I showed him to review. Finally, the Judge broke in on the last question and said, "I believe that's a NO. Then he told my ex to take his seat back down with his attorney. Then rendered the CO with the judgment amount along with court costs taxed to him, and he had to pay "my" half of the mediation fee. (We had mediated earlier in the year) Found him in willful contempt, but he suspended his punishment.

So since he is once again not paying CS the agency filed another Petition for Contempt and since I have yet to get the money from the judgment, I decided to file the Motion and get the court date on the same day as the CS Pet for Cont.