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Roger, Attorney
Category: Family Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My X-Wife has filed a contempt of court proceedings against

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My X-Wife has filed a contempt of court proceedings against me for not making support payments. The truth is I have made the payments so based on the 'innocent until proven guilty' does she have prove I didn't pay her or do I have provide proof that I did pay her. I'm in Florida, she is in Colorado where we were divorced.

Second point, she filed this without ever contacting me about the so called missing payments. I would hope courts don't like that approach?

Last and most important.. Since I have papers for an advisement hearing is there anything I can do to squash this. Any chance to kill this at the 'advisement hearing'. What's my best approach. I can't afford lawyer and shouldn't need one when she doesn't have one and is totally wrong anyway.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney.
Kirk Adams : Thanks for your question.
Kirk Adams : If she alleges that you haven't made your payments as ordered, then it is up to you to prove that you HAVE made those payments.
Kirk Adams : The burden is not on her to prove this because you can't really prove something that didn't happen.....
Kirk Adams : Instead, the court will order you to provide proof - cancelled checks, money orders, cash receipts, etc. to show the payments were made.
Kirk Adams : As for her contacting you before filing, that's not required by law, but most parties do try to reconcile or settle the matter without involving the court. If she didn't do that, it may show that she's a out to get you instead of putting you in a situation like this. However, there's no requirement that she give you notice before filing.
Kirk Adams : There's really nothing you can do to stop the hearing UNLESS you can reach an agreement with your ex.
Kirk Adams : If you were to resolve the matter, the hearing could be called off. However, if that doesn't happen, you will have to appear or you'd be facing another contempt charge and possibly a bench warrant.
Customer: My last question was can I resolve this at the advisement hearing? Such as by providing the proof that these are false alegations?
Kirk Adams : Hi -
Kirk Adams : Yes, you will be allowed to provide proof or testimony to show that these allegations are false.
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