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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-15-2017, 05:06 PM
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sahibjee is on a distinguished road
Default Contempt Motion + Motion to change?

Can two motions be brought at the same time? what forms would I need to use?

following are the two motions i intend to bring.

1- contempt: Ex has not provided financial information that she should have provided by April 15th as per the court order, she has also failed to respond to a request for information requesting the same - I intend to bring a contempt motion for that.

2- Motion to change: Last year in court the EX claimed that she was not working (abroad), based on which minimum wage of $21,300 was imputed to her (which i also find absurd as minimum wage would have been $22,500 last year) recently I found out that she was actually working prior to our court date and lied in court, also I have other evidence that she worked at least after that (and should have paid CS according to that). Need to bring a motion to change to get the CS corrected for last year and going forwards.

any advice on how I should position myself would be mighty helpful as well.
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Old 10-16-2017, 11:26 AM
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tricky. I guess there is 3 ways to go about this :

1. File a motion to find other parent in contempt. Then file your motion to change.

2. file motion to change and ask for an order that the other parent be found in contempt.

3. File a motion to change and ask for an order that the other parent be found in contempt. Then bring an interim motion either before or after the case conference for them to be found in contempt.
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Old 10-16-2017, 12:59 PM
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Quote:
Originally Posted by trinton View Post
tricky. I guess there is 3 ways to go about this :

1. File a motion to find other parent in contempt. Then file your motion to change.

2. file motion to change and ask for an order that the other parent be found in contempt.

3. File a motion to change and ask for an order that the other parent be found in contempt. Then bring an interim motion either before or after the case conference for them to be found in contempt.
Thanks, but would #2 even be entertained as I believe you need a proper motion on contempt.?
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Old 10-16-2017, 01:36 PM
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a motion to change is a proper motion - once a hearing and/or trial takes place. If still has not complied by that time, then she is still technically in contempt and could be found in contempt. If she complies by the final hearing trial time, then she won't be contempt. Technically, she could relent in the face of your contempt motion and produce the documents, which is I assume what you are after anyhow.
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