Q: Effect of vacated motion to compel on enforcement of payments in CT family court?
I am involved in a Connecticut family court case where there is an issue of contempt due to non-payment of childcare, medical reimbursements, and secondary educational expenses. Initially, a motion to compel was granted on February 2, 2025, but later, a motion for protective order was granted, and the motion to compel was vacated on February 28, 2025. I am seeking information specifically about the effect of the motion to compel being vacated, and how this might affect the enforcement or compliance of the payments owed.
A:
When a motion to compel is vacated in Connecticut family court, it means the court has withdrawn its prior order that required one party to take specific action—in this case, likely producing documents or providing information. The vacating of that order, especially in light of a granted protective order, suggests the court accepted that the compelled action may have been too intrusive or inappropriate under the circumstances. However, this doesn't automatically erase the underlying obligations for payments such as childcare, medical reimbursements, or educational expenses.
If there was already a standing court order or judgment requiring those payments, that order remains enforceable unless it, too, was vacated or modified. The vacated motion to compel likely only affects the discovery process—not the validity or enforceability of the financial obligations themselves. So, the other party may still be held in contempt for failing to make court-ordered payments, even though the motion to compel related to obtaining more information has been undone.
You might need to refocus your strategy on enforcing the existing court orders rather than relying on discovery-related motions. It’s helpful to review exactly what the protective order limits and whether it blocks all inquiries or just certain types. If the payments were required under a final judgment or stipulated agreement, that’s the key document the court will look at when addressing enforcement. Keep documentation of all missed payments and any communication related to them—it’ll help if you need to file a contempt motion.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.