Legal Question in Family Law in Connecticut

My Ex Husband filed a motion to have his support payments to me lowered or dismissed. We went to court the middle of march, but he did not supply enough evidence that his income has changed and family services had us set up a new date -which was supposed to be April 4th. My attorney got an email from his attorney that said "His attorney does not want to proceed on Monday" My assumption was that it was over and my attorney was waiting for documentation on this.

I have not received a support check since the week ending March 11. When I called the Ex to find out why he wasn't sending them, he said his attorney told him not to until we go back to court (there is no appearance date scheduled at this time) I think that is pretty slimy on his attorney's part, but I also want to know if this makes the Ex in contempt of court? And why would an attorney tell his client to stop payment?


Asked on 4/12/11, 7:40 am

2 Answers from Attorneys
Christopher Hite Rosenberg, Whewell & Hite, LLC

You need to have this discussion with your attorney, he is responsible for protecting your interests in this matter. It would be impossible to provide an accurate answer without significantly more information.

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Answered on 4/12/11, 7:59 am
Linda Subbloie Linda A. Subbloie, Esq.

What did your attorney say about your question?

You should file a motion for contempt against him and get a new court date. The clerk will give you a new date when you send in the motion for contempt. From now on, I would not accept that he is not "going forward" unless he actually files what is called a "withdrawal." It's a one page document that he signs stating he is withdrawing his motion.

It sounds like to me there is either a lack of communication between the attorneys or you don't have the whole story for whatever reason.

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Answered on 4/16/11, 6:05 pm


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