Contempt and Equitable Distribution

Asked over 1 year ago - Delray Beach, FL

My ex wife filed a Motion for Contempt for some equitable distribution that I have not been able to perform. It is under the "Division of Property" in our MSA and in NO WAY is tied to support. The GM recommended I be in contempt and pay a civil purge. I filed exceptions citing case law after case law regarding that a person cannot be in contempt for equitable distribution and that a court cannot "deem" it to be support after the fact but to no avail, the Judge ruled me to be in contempt. I am going to file a Motion to Vacate. I know I "need" a lawyer but have absoluty NO financial resources to do so. Can anyone suggest a way to get the Vacate motion expedited and possibly to be heard in front of a different Judge that will uphold Florida law? I could use any advice you could give.

Additional information

It has ALSO been previously ordered in my case that I CANNOT be held in contempt for the equitable distribution portion of our MSA on a previous motion for contempt. The Judge also disregarded that.

Attorney answers (2)

  1. Robert Jason De Groot


    Contributor Level 20


    Lawyers agree

    Answered . What you may need to do is file a notice of appeal and go through the appellate process. Make a motion for rehearing first, and it will usually be summarily denied. Then appeal.

    R. Jason de Groot, Esq., 386-337-8239
  2. William Charles Rosenfelt

    Contributor Level 20

    Answered . Wow that is a pickle! I know that you don't want to hear the part about having an attorney. However, have you considered trying to work out a payment plan with one? You would be surprised about how frequently that we take them (at least I do). I included my guide re: Selecting a Family Law Attorney in Florida......please consider reading the last section about the money part!

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more

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