Rule to show cause - in regard to contempt

[hoosierpapa4]

I saw your previous post that had the following:

In order to prove criminal contempt, he must prove each of the following beyond all reasonable doubt:

1) that there is a valid, enforceable court order (easily proven).
2) that you have knowledge of the court order (also easily proven).
3) that you willfully and with conscious disregard, violated the order (not easy to prove at all).

I am in Indiana, the Court's Order of 2003 shows (synopsis):

Counselor appointment/named, apportionment of counselor expenses dictacted, child support modification granted, un-insured medical at $1800/year apportioned to CP, thereafter split at 80%/20%CP...

CP has refused to pay uninsured medical for years 2003, 2004.  CP also sent a letter to this effect to the counselor (half way through the year last year), and has kept true to her refusal to pay.  I can prove that the uninsured medical in no way exceeded $1800 half way through the year, additionally, I can show the letter that CP sent to the counselor and further corespondence between counselor and CP and myself confirming her refusal to pay.

1) In your previous response (number 3 above), getting out your crystal ball, with the letter of refusal to pay, and the fact that there is no proof that the $1800 has been met in either year in which the Order was in force, what do you believe the outcome of a contempt and show cause will have?

2) What is the general procedure for this type of petition of the Court, that is: Verified Motion for Contempt/Rule to Show Cause, will my attorney have to request a separate trial date between now and my Court appearance on other causes in another month to get this heard, or should I ask him to move it to the front of the issues to be heard in another month so as to have the most effect.

3) Can the Court ignore this petition, and effectively deny it?

I can privately provide the Court's Orders if that will help to clarify.

Thanks in advance for your help.

[socrateaser]

>I saw your previous post that had the following:
>1) In your previous response (number 3 above), getting out
>your crystal ball, with the letter of refusal to pay, and the
>fact that there is no proof that the $1800 has been met in
>either year in which the Order was in force, what do you
>believe the outcome of a contempt and show cause will have?

Contempt, and an order to pay and/or imprisonment until payment in full made, UNLESS CP can prove inability to pay (no borrowing power, no assets to pawn, no money in bank, etc.).

>2) What is the general procedure for this type of petition of
>the Court, that is: Verified Motion for Contempt/Rule to Show
>Cause, will my attorney have to request a separate trial date
>between now and my Court appearance on other causes in another
>month to get this heard, or should I ask him to move it to the
>front of the issues to be heard in another month so as to have
>the most effect.

Contempt is usually handled separately. If the judge sees a contempt motion on the calendar, he will probably continue any other actions until the contempt is dealt with (either via settlement or trial).


>3) Can the Court ignore this petition, and effectively deny
>it?

Technically no, praSLURPically, yes. Judges frequently play god and implicitly challenge parties to appeal.

>I can privately provide the Court's Orders if that will help
>to clarify.

No time. I've think we've covered the waterfront.
>
>Thanks in advance for your help.

[hoosierpapa4]

>>I saw your previous post that had the following:
>>1) In your previous response (number 3 above), getting out
>>your crystal ball, with the letter of refusal to pay, and
>the
>>fact that there is no proof that the $1800 has been met in
>>either year in which the Order was in force, what do you
>>believe the outcome of a contempt and show cause will have?
>
>Contempt, and an order to pay and/or imprisonment until
>payment in full made, UNLESS CP can prove inability to pay (no
>borrowing power, no assets to pawn, no money in bank, etc.).

It would be quite interesting for her to attempt to prove that while receiving $500/week in the form of child support (in addition to the pay from her job), that she was unable to pay $15 towards a co-payment in either years 2003 or 2004, and now, being 2005 (the clock restarts on the $1800/year) that she can't pay the co-payment when I am paying via child support for her portion of the medical insurance that she has in-force specifically to pay the un-insured portion that is left from my primary insurance.

I will let you all know how this turns out.

Thanks again for your insight.


>
>>2) What is the general procedure for this type of petition
>of
>>the Court, that is: Verified Motion for Contempt/Rule to
>Show
>>Cause, will my attorney have to request a separate trial
>date
>>between now and my Court appearance on other causes in
>another
>>month to get this heard, or should I ask him to move it to
>the
>>front of the issues to be heard in another month so as to
>have
>>the most effect.
>
>Contempt is usually handled separately. If the judge sees a
>contempt motion on the calendar, he will probably continue any
>other actions until the contempt is dealt with (either via
>settlement or trial).
>
>
>>3) Can the Court ignore this petition, and effectively deny
>>it?
>
>Technically no, praSLURPically, yes. Judges frequently play god
>and implicitly challenge parties to appeal.
>
>>I can privately provide the Court's Orders if that will help
>>to clarify.
>
>No time. I've think we've covered the waterfront.
>>
>>Thanks in advance for your help.
>