Can a motion of contempt be filed on someone if they filed a motion for clarification?
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Can a motion of contempt be filed on someone if they filed a motion for clarification?
I have been divorced for almost 4 years. In my decree, the judge ordered 28 of my ex-husband’s esp stock and yearly bonus to be paid to me. The bonus and stocks are considered income. For 3 years, no issus, he always complied. This year however he got remarried he did not. The order clearly states he has 10 days from receiving the bonus and stocks, I am to paid my portion. It’s been 5 weeks. He did file a motion for clarification, claiming that he knows it was in our temporary decree but he can’t see the garbage in our permanent divorce decree. Clearly he is lying, he paid the last 3 years, I even pointed it out to him, and he said I will wait for the judge to review it. Is it OK to file a motion of contempt while he is waiting to hear back from the clarification order? We have been
waiting almost 2 weeks for the clarification to be read. Completely frustrating, not a small amount of
money, and could really help with my children.
Asked on April 18, 2018 under Family Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you can file your own motion for contempt even if he filed his motion for clarification: his filing of a motion does not take away your rights to file to enfore the decree. A court may choose to not hear your motion until hearing his, or may choose to consolidate them and hear them together, but that's up to the court: courts have significant discretion to try to manage their workflow and cases for maximum efficiency. You have the right to bring your motion.
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