Motion For Contempt

[Jerold]

Dear attorney Bachert,

My husband's divorce was final in June of last year(2011). On Feb. 2, 2012 he filed a M/ for Contempt against his ex for payment of some unpaid expenses pertaining to his daughter that lives with us. These expenses were outside the scope of regular child support, i.e. food, clothing, shelter. It is stated in the FJ that these types of expenses are to be divided 50/50. He also filed a separate motion relating to some unethical things the mother is doing like making disparaging remarks about him and myself to the children and involving them in personal matters regarding the divorce and disagreements about money etc. A hearing was set for mid April by the court. The ex-wife filed a Motion #2 wks before the hearing to request to cancel the hearing and have a new hearing set to hear our motion and a Motion she filed basically rambling on about insignificant matters. It is obvious her motion was filed in retaliation to the motion he filed.  Can we file a Motion to Dismiss her Motion as being frivolous and petty?

[Akinlana]

Hi Marta, there is no motion you can file to dismiss a motion. A motion to strike, which would be the appropriate motion to file where the opposing party has filed a redundant, scandalous or frivolous pleading does not apply in this instance because under the Florida Rules of Civil Procedure a "motion" is not a pleading. You may want to review Florida Statute 57.105 as it may be helpful but may not be sufficient for your needs due to the time line required to effect a 57.105 motion. The best course of action would probably be to set the hearing on the ex-wife's motion as soon as possible so the court can rule on the merits and provide a continuance if one is warranted or deny the motion if need be.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951

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