Q: Plaintiff filed a motion of contempt saying I’m not complying with a parenting plan. Counterclaim has been filed. No res
Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case
A: You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.
A: It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior to that, especially if the Plaintiff has an attorney. Because if the Plaintiff has requested relief such as payment of attorneys fees, if you are indeed found in contempt, you could be ordered to pay some or all of the Plaintiff's attorneys fees.
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