What to do if I have been summoned for contempt of court?
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What to do if I have been summoned for contempt of court?
My final divorce decree required me to turn over my tax refunds until judgements against me were satisfied. I did not turn over the refund this year because the county clerk advised me that all the judgements she had on file were satisfied. know there is a remaining judgement for $2000 for lawyer fees but she has no record of this. Should this have been on file with her. If I pay these fees prior to the court date will the charges be null and void?
Asked on May 30, 2012 under Criminal Law, Indiana
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
If summoned for a contempt of court in a civil divorce matter, often times the contempt is based upon your failure to comply with a final order or divorce decree issued by the judge. At the hearing, the Judge will inquire as to why you have failed to comply by turning over your tax refunds to satisfy the outstanding judgements. If you have proof that all judgments have been paid, and that there have been no record or evidence of additional attorney fees not recorded in the divorce decree, then the Judge may not find you to be in contempt. Contempt hearings are generally where the Judge will give you an opportunity to explain your actions before any sanctions are imposed.
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