Hey Socco, help if you canno

[Nugo]

Nice to be back, thanks.  Hope all are well.  Soc, I have to be in Court (VT), 750 miles away, on June 4th, 2004.  Turns out they've filed a motion for contempt/enforcement on me for CS, which I've just started paying and is actually two months late.

The reason I've been having problems are medical in nature; bad knee and back, but recently I've obtained a contractor position and I'm making money.

So, although there are 10 megatons of information surrounding all this that I don't think you want to hear, I need to know some things.

1.  What is the hearing for contempt/motion to enforce (cs) typically like?
2.  What should a Pro Se person be prepared with?
3.  Guess what?  The VT Supreme Court has accepted my appeal and will actually hear the case on the Briefs, Printed Case, and Transcripts!! And I'm just a stupid Pro Se legal eagle wannabe!

Thanks Soc,
Nugs

[socrateaser]

>1.  What is the hearing for contempt/motion to enforce (cs)
>typically like?

Like any other hearing, except that, if the plaintiff is requesting punishment rather than a remedy, you will be informed of your right to have appointed counsel.

>2.  What should a Pro Se person be prepared with?

The prima facie case (required elements plaintiff must prove) for a finding of contempt are: (1) a valid, enforceable court order exists; (2) defendant had knowledge of the order at the time of the contempt; (3) defendant willfully violated the order.

You have two basic methods to beat the contempt: (1) show that plaintiff did not prove the above described three elements; (2)  present a defense that shows that your violation was not willful (that it was caused by circumstances beyond your control). This frequently comes down to demonstrating that you didn't have the ability to pay, and that there was no reasonable means by which you could have obtained the ability.

>3.  Guess what?  The VT Supreme Court has accepted my appeal
>and will actually hear the case on the Briefs, Printed Case,
>and Transcripts!! And I'm just a stupid Pro Se legal eagle
>wannabe!

Interesting.

[Nugo]

NM

[Nugo]

Soc,
     I just want to try to polish the information you gave me so I'm not confused in Court.

1.  If the (defendant? she was in the divorce, but now plaintiff I guess) wants punishment vs. remedy, isn't that automatically displeasing to the court because it looks hostile?

2.  Item three being key (willfully violated...), will my doctor's records showing the extent of my disability, combined with a letter from my current VA doctor stating that I'm only physically capable of having a "desk job," if anything, be sufficient?

3.  If those aren't sufficient, what more could help?  (I'm sure I can get it if I need it, but time is almost out).

Thanks again!  
Nugs

[socrateaser]

>Soc,
>     I just want to try to polish the information you gave me
>so I'm not confused in Court.
>
>1.  If the (defendant? she was in the divorce, but now
>plaintiff I guess) wants punishment vs. remedy, isn't that
>automatically displeasing to the court because it looks
>hostile?

There is nothing hostile about a vindictive punishment, if you are first found in contempt. If you're not, and the court decides the matter is frivolous, that's different. But, if this contempt is filed by an attorney, there is little likelihood that the court will disfavor it.


>
>2.  Item three being key (willfully violated...), will my
>doctor's records showing the extent of my disability, combined
>with a letter from my current VA doctor stating that I'm only
>physically capable of having a "desk job," if anything, be
>sufficient?

The contempt is for failure to PAY support, not failure to WORK to pay support. It is not enough that you are unable to work. You must be unable to PAY, i.e., no savings, borrowing power, or assets that can be liquidated, etc. If you have no reasonable means of raising the payments, either by liquidating assets, borrowing or by working, then you will not be found in contempt. Otherwise, you will, unless you moved for modification of your support obligation prior to the time that you fell into arrears.

This is not to say that you must liquidate the tools by which you earn your living, or your only means of transportation, or that you need to move into a paper box so you can pay what would have been your rent to your ex. The key is "reasonableness."


>
>3.  If those aren't sufficient, what more could help?  (I'm
>sure I can get it if I need it, but time is almost out).

Once again, it's not your ability to work that counts, but assuming for argument that you don't have the ability to pay, then the hole in your argument is that the doctor says that you can work a desk job. Therefore, you must be making reasonable efforts to FIND a desk job, and be able to show the court how much various desk jobs that you might be qualified for, pay, and that you have been unable to obtain this sort of employment.

[Nugo]

NM

[MixedBag]

bumping so I can find this easier