Legal Question in Family Law in Florida

Hello,
I have a question about a Motion for Contempt filed in Sarasota County. My divorce has been final for 3 years. The dear ex is violating the parenting plan continuously. Now, I have filed a Motion for Contempt. She got properly served by the Sheriff but she has not responded to the motion in 6 weeks. I remembered that there is a 20 day rule to respond. So, I looked up the Florida Rules of Civil procedure and it says under Rule 1.500 "When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper." So, I thought I could ask the clerk to enter a default but they rejected my request. They say it does not work for motions for contempt. Is that right? Can I not get a default and then a default judgment for a Motion for Contempt? Is there anything else I can do? Maybe a summary judgment? Or does it not matter when or whether she responds?
Many thanks!

Asked on 5/04/14, 9:36 pm

John Smitten Carey and Leisure

0 users found helpful

0 attorneys agreed

The clerk is correct you have to bring the matter before the judge so set a hearing with the court.

Answered on 5/05/14, 3:09 am

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