contempt motion

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Hi,
I have filed a contempt motion against the other party.
I am preparing the questions I will ask the other party and I am looking for general advises:

One of the aspect I am not sure how to approach is the fact that the other party gave proof that are not proof.
I explain. other party says I received a money order from them. It is very simple to see that there is no copy of the back of the check and I even found a 1-800 numjber where you can call and verify that the money order was never cashed but how do I show the court these are no proof?

I mean what kind of question can I do to establish these are no proof? common sense tells us but how to demonstrate this in a direct questioning ?

[socrateaser]

>One of the aspect I am not sure how to approach is the fact
>that the other party gave proof that are not proof.
>I explain. other party says I received a money order from
>them. It is very simple to see that there is no copy of the
>back of the check and I even found a 1-800 numjber where you
>can call and verify that the money order was never cashed but
>how do I show the court these are no proof?

Not enough facts. What was the money order to pay for?

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money was supposely to pay for 1/2 the insurance cost for kid.

the other party produced a copy of the customer receipt copy and pretend they made payment.
the copy has no payee nor remitter on it
I called a 1-800 number and verified that this money order was never cashed.
there are no copy of the back of the money order

Common sense and law tells us that this is no proof but I cannot just state that when I do a direct on the other party. I have to bring the conclusions by asking questions.

It's easy to ask questions on a proof you are trying to contest but how do you contest or show the court that a non proof is a non proof?

[socrateaser]

>money was supposely to pay for 1/2 the insurance cost for
>kid.

Get a statement of the account from the service provider or insurance company. The statement should show that only one half of the bill is paid. If you have evidence that you paid one half, then that will prove that the the other parent didn't pay.

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well doesn't work that way, payment is taken on my check 100% and other parent is supposed to reimburse me.

I asked the bank to get me a statement stating that the money order was not cashed, they can't do that, all they did is give me the 1-800 number.

Since I am the other party that were supposed to be payed I don't suppose I can make a statement saying I was never payed.

[socrateaser]

>well doesn't work that way, payment is taken on my check 100%
>and other parent is supposed to reimburse me.
>
>I asked the bank to get me a statement stating that the money
>order was not cashed, they can't do that, all they did is give
>me the 1-800 number.
>
>Since I am the other party that were supposed to be payed I
>don't suppose I can make a statement saying I was never
>payed.

In that case, it's up to the other party to prove that they paid you, either via your endorsement on the back of a check, or some other memorandom signed by you. A money order that is not made out to you and stamped "paid" is not sufficient evidence of payment.

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ok we are on the same page I agree but how do I present this to the court ?

should I not mention it in my direct of the other party then and simply state in my statement that I don't have it ?

[socrateaser]

>ok we are on the same page I agree but how do I present this
>to the court ?
>
>should I not mention it in my direct of the other party then
>and simply state in my statement that I don't have it ?

Um, you may not get an opportunity to examine the other party. Contempt is quasi-criminal, and the other party cannot be compelled to testify (absent a grant of immunity).

Contact the money order issuer and get a statement that they could not find a money order cashed in your name or endorsed by you. Also, bring copies of your checking account statements to show that no deposit in that amount was made to your account during the time period.

Your goal is to try to remove any doubt from the judge's mind that you were not paid. Admittedly, there are some gray areas here, but what I'm suggesting should be enough.