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Notices and Response to Contempt

Notices and Response to Contempt

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Published by Theresa Martin

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Published by: Theresa Martin on Oct 19, 2008
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07/23/2010

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IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUITIN AND FOR PASCO COUNTY, FLORIDACASE NO.: 51-2004-004764-DR-WS/EStephen Paul MARTIN,)Petitioner/Father,))v.))Theresa Marie MARTIN,)Respondent/Mother.) ____________________________)
Notice of Petitioner’s Non-Compliance with CivilContempt Procedures; and, Respondent’s Responseand General Denial to Alleged Child Support Contempt
Comes now Theresa M. Martin, Mother of the two minor children herein, and in directsupport of her notices, response, and motions presented to the Court, the Clerk, and all parties,now and hereby alleges, states, and provides the following:
Notice of Petitioner’s Non-Compliance with Civil Contempt Procedures
1.Petitioner has previously alleged, by
unverified 
motion only, that Respondent is somehowdue and owing monies for child support, further alleging that Respondent is now in contempt for the same, as to failing or refusing to pay the same said monies in a timely manner.2.Petitioner’s proffered action for contempt is fatal, and may not yet be heard, due to the factsthat Petitioner has: (1)
failed
to verify or affirm the same in writing reduced to particularlydescribing the same orders, factual events, and necessary dates, as required by law, and under Affidavit or other sworn instrument as duly provided by law; (2)
failed
to move or petition for this Court to issue its corresponding Rule to Show Cause; and (3)
failed
to ensure: (a) that thisCourt first
issue
such Rule to Show Cause, and (b) that such Rule to Show Cause was also dulyserved upon the Respondent.1
 
3.All and the same are necessary prerequisites to holding any hearing on alleged contempt.
Respondent’s Response and General Denial to Alleged Child Support Contempt
4.Moreover, Petitioner’s action for alleged contempt is utterly false, and a complete shamupon this Court, as Respondent’s pay has been regularly garnished in the full amount requested.5.Immediately subsequent to last year’s Income Deduction Order, Respondent’s employer implemented regular garnishment against her paycheck in the amounts as specified, and thatsame garnishment has occurred on a regular basis, with the total amount taken during this 2006calendar year alone, up to and including the pay cycle of October 31, 2006, as
$8432.72
, notincluding the additional and regular amounts that were garnished during the latter part of 2005.6.The facts of ¶ 5,
 supra
, are clearly evinced by the attached paystubs, Exhibits # 1 and 2.
Motion to Dismiss Petitioner’s Alleged Contempt Action with Prejudice
7.The Respondent is by no means in any contempt of this Court or of any order for support,nor has ever been, and if Petitioner is having any trouble in receiving the same disbursements,his remedy is to deal directly with the Florida State Disbursement Unit,
as he should know
.8.Petitioner has falsely harassed Respondent, and
also
failed to follow contempt procedures,and his
unverified 
“motion” for contempt should now be DISMISSED WITH PREJUDICE.
WHEREFORE
, the undersigned, Theresa M. Martin, now notifies this Court, the Clerk, andall parties of the above lack of compliance with contempt procedures, responds in general denialto the alleged contempt action, and moves this Court DISMISS this alleged contempt action withPREJUDICE accordingly, and further moves for all other relief just and proper in the premises.Respectfully submitted, ______________________________ Theresa M. Martin2

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