Looking to info on forms to file Contempt of court.

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Latest post 01-31-2012 7:41 PM by Annie716. 9 replies.
  • 01-30-2012 5:35 PM

    • Annie716
      Consumer
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    • Joined on 01-26-2012
    • PA
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    Looking to info on forms to file Contempt of court.

    I am looking ( have been looking for a while, with no luck) for forms to file Contempt of Court Charges, in Pike County, Pa,  against my Ex Husband for Breach of  our Divorce agreement.  The only forms I can find are for child custody. It is not an issue of custody. It is an issue of him receiving the Camper we had, in the divorce, and then deciding to stop making the payments on it. It was solely in my name.

    Yes, I know I am still liable for the remaining balance, as creditors are 3rd party and not part of the divorce, that is why I want to file this complaint and make him pay for what he was awarded.

    So does anyone know where I can find these forms, if they exist, etc. I've called the Prothonotary's office, they couldn't find any forms that didn't have custody on them. So, yes, they were NO help.

     

     

  • 01-30-2012 6:30 PM In reply to

    Re: Looking to info on forms to file Contempt of court.

    I checked a couple of PA courts websites for forms and found nothing for what you want to do.

    You will either have to hire a lawyer or visit a law library and study up on how to file for contempt.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-31-2012 6:51 AM In reply to

    Re: Looking to info on forms to file Contempt of court.

    You can just follow the language in any Petition for Contempt- putting in your facts and circumstances.  An order was entered on said date;  Husband waa ordered to pay said amount.  Husband has failed to pay said amount; as a result of Husband's failure to pay said amounts- the following has occurred;  Wife has tried to resolve this matter by doing the following;  Husband has willfully failed to comply with the order of said date.  Wherefore, Wife is requesting the following.

  • 01-31-2012 7:40 AM In reply to

    Re: Looking to info on forms to file Contempt of court.

    It can be hard to prove that a person wilfully failed to comply with an order.  Your ex might have lost a job, might have other financial problems, might just not be able to afford it.  As long as he gives a judge a decent explanation why he hasnt made the payments they usually wont find him in contempt.  So it might be hard to prove that he wilfully is failing to comply with a court order.

  • 01-31-2012 8:26 AM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
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    Re: Looking to info on forms to file Contempt of court.

    Laymans suggestion:

    Start with the reverse view--if order says do XYZ, that is what order mandated the party to do and party has failed to do as ordered.

    If the other party has any supposedly good excuses let the other party raise them an appropriate time. 

    If your rules of court or order allow you to seek sanctions--such as you cost, filing fees, interest , attorney costs(if any) be sure to add them into your petition.  Odds are if you read 3-4 petitions from other people in your courthouse you will get a good idea very quickly what they seek to add to equation-how-etc.

    Yes, the other side probably gets several opportunities to catch up --but its NOT your job to make it easy for him to  fall further behind!

    And if there are reasons why the other party might get reduced future child support ordered it is NOT your duty to educate the opposition!



  • 01-31-2012 8:39 AM In reply to

    • Drew
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    Re: Looking to info on forms to file Contempt of court.

    Sorry--I misread---but bottom line the issue is about the same --if order said do XYZ then you start with view thats what he failed to do. 

    The priority of protecting children vs protecting a camper is obviously a lot different as a socialistic  need --but a violation of an order is a violation.

    You might want to think thru the remedy you seek--generally courts do better with $$ --and its most unlikely  they can bring your camper back. But they might be able to award you the costs of a replacement trailer of equal value, plus taxes  and whatever other costs you incurred and do so in form of modified order. The fact that your credit has a grey cloud on it is pretty hard to address --but if there is a balance due on the prior problem they might oder him to pay off that balance in full within 60 days as well --then you can add confirmation of debt satisfaction to your credit history -may or may not help.

    I assume this is a question of his refusal to pay---if its truly impossible for him to pay that may be a defense good for at least some delay on his side.



  • 01-31-2012 8:50 AM In reply to

    Re: Looking to info on forms to file Contempt of court.

    "And if there are reasons why the other party might get reduced future child support ordered it is NOT your duty to educate the opposition!"

    This isn't a child support issue.

  • 01-31-2012 11:10 AM In reply to

    Re: Looking to info on forms to file Contempt of court.

    Jo gave you very good guidance.  Take an existing contempt form that would typically be used for something else and change it to fit your circumstances.

    Per order dated xx/xx/xxxx former husband was to......

    Spell it out specifically. Be factual.  And make sure you include the language "Wherfore, former wife is requesting..." and list what you want:

    1) Former husband to be found in contempt

    2) Former husband to pay all costs for xx property

    3) Former husband to pay all owed costs to bring account to date.... whatever it is you want.

    If you want him to have to face sanctions if he does this again, include that...if you want him to have to pay for attorneys fees if he does this again, do that.

    Then you will have to find out if you need to set a date for hearing and send him copies of the hearing date.

    When you present your case, be factual, show (by cancelled checks) you have had to pay the account, show any payments he has made, how many are missing, etc... anything to substantiate your claim...

  • 01-31-2012 1:33 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,396

    Re: Looking to info on forms to file Contempt of court.

    If the order was poorly worded and did not require him to  pay for its balance  just that you convey it to him --it might be a bit messier than that?  What order requires him to do is critical!



  • 01-31-2012 7:41 PM In reply to

    • Annie716
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    • Joined on 01-26-2012
    • PA
    • Posts 9

    Re: Looking to info on forms to file Contempt of court.

    WOW...Thank you sooo very much. I truly appreciate all your Help!!  I wrote a prior post about how he defaulted on the camper and the rest of the issues in our agreement. I am going to move forward with this. I have gathered up all the information that I have and now I have learned I need to get some more from the response here.  I will keep you posted on what happens.

    Thank you again :) :)

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