Notice of Contempt Motion?

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baclayton

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Ok so to sum it up...Final order states that he is to complete a RRSP Spousal Transfer in the amount of $xxx "forthwith".
My Former LA lawyer informed me that if this was not completed by the time I received the Final stamped order from the court I should file contempt of order.
He is draggin his feet saying that CRA said he has to wait till Final order can be attached bla bla bla which is all irrelevant to the agreement as it is for his benefit only, to avoid tax penalties, but does not post pone the actual transfer from being done.
Its been almost 3 mths and he is still refusing for leverage to control the situation.
If I file the Notice of Motion as I informed him I was doing if it was not completed by a certain date, which happens to be this Friday.
If he finally complies, can I or are there any implications of withdrawing this Motion? How would I do this.?
Thanks
 
My experience with contempt motions is that its a total waste of time. Very few judges enforce it in family court that I'm aware of.

If you are intent on going that route request that ex be fined $xx per day for every day he is in contempt. You have to be specific in your request or it's just a waste of time.
 
I'd chill out. Unless your retiring next week, it's not going to affect your life. It is very likely that CRA has to have to final order, and it is very likely that they are making life difficult for him.

Why don't you try and be constructive rather than aggressive, threatening and nasty?

Ask him when the transfer will be completed. Ask for copies of any correspondence from CRA or links to information on their web site that supports what he is saying.

Don't be so grabby. Sheesh. 3 months is nothing.
 
By the sounds of it... I would not expect much to be accomplished with a "contempt motion".

Your final order states "...complete a RRSP Spousal Transfer in the amount of $xxx "forthwith". And if you don't have a "final order" yet, or just got it (I wasn't clear on that, from what you said), the "ex" will likely just argue, well, CRA wouldn't do this, unless I had the final order to give them...which I have now provided to them, and am waiting. Or, I'm just waiting for the final order they demand.

Essentially, he would be allowed to purge himself of "contempt" anyway, I think, if a judge even considered he was really in contempt.

Do you have your final order now? Has it been provided to your ex?
Make sure you document each request to him re: getting the transfer to happen, in case you do choose that route.
 
I am not being "grabby" as was assumed. If u read my previous posts it has been all about control and him dragging his feet. Yes he needs the order to attach to Tax Return when he files, but that has no impact on the actual transfer itself. And he can use the written and signed by a judge court order until he got the typed one.
I have documented all correspondance re: RRSP (and everything else now that I have seen what he is capeable of) but its all just a stall tactic... As always.
 
Hi! Maybe you can help me? Ive been representing my self in family court and he represented himself. This is the 5 th court order that they give to the respendant 75 days to pay the full amount by march 15,2013. When I spoke to him thursday night he told me that he was not going to pay me and his laywer would call me and not to call him anymore. The laywer never called so he was lying to me. What do I do to enforce the court order? I hope the court have him arrested and fine for insalting the court.

I hope I can find help on this. lise
 
Quote by Harmlessthing: " I hope the court have him arrested and fine for insalting the court. "

^ THAT ^ will NOT HAPPEN...
 
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