Can a motion of contempt be filed on someone if they filed a motion for clarification?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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