I did not serve subpoena papers on my ex for a contempt of court I filed. Do we need to show? DHS has now taken over.

Asked 9 months ago - Colorado Springs, CO

Since I filed paperwork for contempt of court for First Right of Refusal, DHS has gotten involved. I did not have my ex subpoenaed, do we need to show October 28?

Attorney answers (3)

  1. Stephen Clark Harkess

    Pro

    Contributor Level 20

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    Answered . If you do not appear your motion with be dismissed. If you do appear the Court will issue an alias summons and give you another opportunity to have the other party served. You need to decide if you still wish to pursue the contempt.

    You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and... more
  2. Karl J Geil

    Contributor Level 17

    4

    Lawyers agree

    Answered . For starters, you do not serve a subpoena on a person accused of contempt of court. You serve them with a citation, a copy of the order that directed the issuance of the citation, and a copy of the motion asking that the citation be issued. If you serve a subpoena instead of the documents, you have done the wrong thing. Second, what do you mean DHS is involved? Are they collecting child support, or have they filed a Dependency and Neglect case? If they have filed a Dependency and Neglect case, then the domestic relations case needs to be notified, and all aspects of the domestic relations case related to parenting time and parental decision-making will be "on hold" until the Dependency and Neglect case is concluded.

    www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice... more
  3. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    Answered . Perfect answer by Mr. Harkess.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more

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