Motion for Sanctions

[cmre3456]

I really don't see a lot of difference between a motion for sanctions and a show cause order other than the show cause to me would be an extra step, and needs more specificity.

In show cause, you have to be really specific about what it is you want, and you don't know what you want. Is it 1099's or a tax return he has? See? You want to know an income level but you can't name the exact document which has it. Google writ of replevin.

You want him to turn over information in whatever form it is and he has failed to follow numerous court orders for it already. What makes you think he would obey a show cause order? Huh, LOL? Then if he didn't obey it, you want - drum roll - sanctions! But that's what you want now. IMHO you are already entitled to sanctions or more important, the court is.

Subpoena the records from that attorney and if you don't, and don't post back that you did, it will be frustrating. I want you to have a statement from the attorney that he never got them to bolster your request for sanctions against the OP.

My $.02

[E2mich]

In Florida, in particular the county presiding requires court order to subpoena records. Doesn't seem so easy to accomplish. I filed a 2nd Motion for Contempt and served OP. Now awaiting another hearing. This has been a daunting task..feels like the system allows for injustice or for certain people to get away with it. This OP knows she is fraudulently collecting child support, based on income amount established many years ago, also children no longer attending day care for the past 3 yrs. DOR has already stated Downward Modification Warranted, in which OP rejected..of course! IMHO this is why people go crazy, they do everything by the book, expecting justice to prevail. OP is not doing anything by the book, not even obeying courts orders x3 and is winning!! What gives?

[cmre3456]

In Florida, in particular the county presiding requires court order to subpoena records. Doesn't seem so easy to accomplish. I filed a 2nd Motion for Contempt and served OP. Now awaiting another hearing. This has been a daunting task..feels like the system allows for injustice or for certain people to get away with it. This OP knows she is fraudulently collecting child support, based on income amount established many years ago, also children no longer attending day care for the past 3 yrs. DOR has already stated Downward Modification Warranted, in which OP rejected..of course! IMHO this is why people go crazy, they do everything by the book, expecting justice to prevail. OP is not doing anything by the book, not even obeying courts orders x3 and is winning!! What gives?

I don't understand "is winning." You are going to ask for sanctions, contempt, and you are going to ask that any changes in payment be retroactive as a sanction.

Yes, litigation is time consuming and frustrating and we all avoid it if at all possible. This is one of the reasons that people with deep pockets sometimes make "nuisance settlements."

However, you have a need and a case. The wheels of justice grind slowly. Hang in there.

Did you subpoena the financial docs from that attorney to prove that they were never given? I have no clue why you don't address that issue here, reply about the request here, and if you haven't done it, why not.

[E2mich]

I can't seem to find the right Florida form. I see a few for non-party. Would withdrawn op counsel be considered non-party? Also would I serve subpoena duces tecum? Just not finding a lot of information. Here's what I have found:


Florida Courts require a commission or letter rogatory from a trial state before a witness Subpoena or Subpoena for deposition can issued.
Florida Courts require you to provide your Subpoena, an unsigned Florida Case styled Subpoena, a letter of Rogatory or a Commission signed by the court in your jurisdiction and your Subpoena notice before it can be domesticated!
All paperwork MUST BE ORIGINAL AND CERTIFIED. and two copies should be provided too!
Before you do anything with your Subpoena here in Florida, make sure you have what the Florida Courts require!