Motion filed then he paid.

[Liz]

State: Texas

I asked several weeks ago about my ex being in contempt of a contempt. He was ordered to pay me for half of the medical expenses that I paid. He is the CP and I am the NCP.

I filed a motion to revoke the community supervision because he failed to make August's payment on time. He paid Septembers, and was served on September the 11th with the motion. He still did not make payment for August even after having been served.

Today I recieved a check for the full amount due to me, and a letter from his attorney stating that I need to withdraw the motion, and states that its now frivilous. He wants attorney's fees if I proceed.

He was due to pay me on August 1, September 1, and October 1. It cost me 75.00 to have him served with this motion.

He refused to allow me contact via the phone with my daughter since recieving the motion. He told her that its my "punishment" for having filed the motion in the first place.

The court date is set for the 23rd of October.

1. Should I revise the motion and request reimbursement for the filing and service fees?


2. Should I bring up the fact he took away my phone contact in order to punish me?


3. Or should I just withdraw the motion and "eat" the 75.00 fee?


4. How long does he have from being served to respond to the motion? Is he past that time?



5. Any other advice?



Thank you in advance.

[socrateaser]

>1. Should I revise the motion and request reimbursement for
>the filing and service fees?

You can supplement the motion with another brief, but before you do that, write the attorney and tell him that you'll agree to withdraw the motion in return for immediatel payment of the $75 service and whatever costs you've incurred in filing the 2nd contempt motion.

>2. Should I bring up the fact he took away my phone contact in
>order to punish me?

If this is ongoing, and you can PROVE it beyond reasonble doubt, then I would supplement the contempt motion with this charge, too. Otherwise, I'd just let it go and try to get better evidence going forward.
>
>
>3. Or should I just withdraw the motion and "eat" the 75.00
>fee?

No way!

>
>4. How long does he have from being served to respond to the
>motion? Is he past that time?

Jurisdiction specific. I can't tell you.

>5. Any other advice?

No, you seem to be doing pretty well all by your lonesome.