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What is the purpose of filing an Affidavit and Motion for Commitment? Following a Motion for Contempt hearing that was granted.

West Palm Beach, FL |
Filed under: Civil motions

I have been granted my Motion to Enforce and my Motion for Contempt against my former husband for failing to abide by our MSA. The Order granting the Motion for Contempt states that my 'next' remedy is to file an Affidavit and Motion for Commitment. Everything I have looked up online references being committed for 'mental health' reaasons so I am confused as to why this would be my next course of action. Unless it has another meaning that I have been unable to find. So I need to know what its purpose would be in this particular instance. Also, the Florida courts have jurisdiction over the subject matter, however, I now live in NC and my 'ex' lives in GA, so am I just wasting time, energy & money with all of these Motions being granted in a Florida court?

Attorney Answers 2

Posted

I am not accostummed to using the term "Motion for Commitment" and agree that it has more of a mental health connotation. I would suggest you use the term "Motion for Writ of Bodily Attachment/Motion for Commitment". I use the Motion for Commitment language in there to be consistent with the language contained in the Order, but what you are seeking is an arrest warrant. I am guessing that the Affidavit is what you would file to assert, under oath, that your ex did not meet the purge condition of the Order holding him to be in contempt.

As to your last question: that is a business decision you have to make to avoid all the travel expense you incur, and the knowledge that if he is in GA that law enforcement in FL will not locate him.

Without knowing the particulars, chances are that you will not get the relief you are seeking.

Still, consider this: if NC does not have jurisdiction over your ex, such that your domesticating the Florida decree in NC would not bestow upon the NC courts personal jurisdiction, then you are either going to have to travel for your future court dealings, either to FL or to GA. So, it may be better for you that he be disadvantaged equally as you by having to contest in FL, instead of only you being disadvantaged by having to travel to his new location.

Also, if he works for a national company that does business in GA and in FL, you can continue to use the Court system in FL for an income deduction order.

And, the cost to continue with the litigation in FL is much lower, at $50 to reopen the case, rather than starting up a brand new case in GA.

One benefit to the arrest warrant being issued in FL is that if he is stopped in GA by law enforcement, the FL arrest order should result in GA law enforcement holding him on the outstanding warrant.

But, none of that is going to get you support, if that is indeed the issue. For that, you may wish to consider using the NC court, which can then go through the process to have the court in GA start up enforcement proceedings, but for that you would need to utilize the NC state child support office.

Good luck to you.

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Posted

You have been very helpful, thank you. Do you know why I am even being told that my 'remedy' is to file an Affidavit and Motion for Commitment in Florida, if the offender (my 'ex') lives in Georgia? What benefit would that give me? You say that if he is stopped in Georgia then GA law enforcement could hold him on the outstanding warrant, but then what? How long would they 'hold' him? Who is notified of him being detained? Who does what with him at that point? I am asking all of these questions because I am getting no answers from my current attorney. It's helpful that you are from WPB, because that is where the divorce took place in 2009 (we lived there for 13 years). He was awarded the FL home and I was awarded the NC 'vacation' home (so that is why I am currently in NC), then he was transferred with his job to GA in 2011 (and is renting out the FL home, while renting a home in GA to reside in). I'm just not understanding how all of the 'Motions' from Florida are going to help me get the justice I am seeking. This case involves his defaulting on the court order (MSA) to refinance two properties in his name and obtain a life insurance policy on himself, for me. I have recently been able to enforce the IDO, however it is not being followed as per the court order, so my 'ex' is in arrears of over $68,000 as well. If you could possibly continue to give me some much needed answers, I could maybe feel more confident in my decisions of how to proceed. Thank you so much and maybe we could even do business together in the future (depending on where this case takes me!).

Posted

It's a writ of bodily attachment, that you probably are talking about, and the purpose would be to incarcerate the offender.

R. Jason de Groot, Esq., 386-337-8239

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Do you agree that the motion should contain the language "Motion for writ of bodily attachment" as well as "Motion for commitment" ? I surely don't need a set back due to a technicality! So, let's say that motion is granted...then what? If Florida has jurisdiction over the subject matter and Georgia has personal jurisdiction over 'him', how am I ever going to see any justice for being wronged? Will he just never be accountable for the wrong-doing that he has subjected me to? How does the court system help me in this situation? Thank you.