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Motion to Reconsider

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					STATE OF                      )                     IN THE FAMILY COURT OF
                              )
COUNTY OF                     )                       DOCKET NO.:
                              )
                  ,           )
                              )
            PLAINTIFF,        )
                              )
VS.                           )                   MOTION TO RECONSIDER
                              )                       (CONTEMPT)
            ,                 )
                              )
            DEFENDANT.        )
______________________________)

TO:    THE HONORABLE                                     FAMILY COURT JUDGE:

       YOU WILL PLEASE TAKE NOTICE that the above referenced Defendant,

_________, by and through his undersigned attorney, hereby serves notice of his Motion

to Reconsider the relief granted in the above referenced matter. On ______, ______,

20__, the above referenced Defendant appeared before the Honorable _______ in a

Bench Warrant Hearing. An Order was filed with the Clerk of Court’s office _____,

20__. Defendant received a copy of said Order on _________. Pursuant to the

aforementioned Order, Judge _________ found the Defendant in contempt of Court for

not paying said arrearage on child support in the amount of $2,415.00 and sentenced the

Defendant to ninety (90) days in jail and payment of $100.00 to the Clerk for costs.

       The above referenced Defendant by and through his undersigned attorney hereby

moves before this Honorable Court for a reconsideration of its ruling in the above

referenced case. The grounds upon which the relief is founded are as follows :

       1.      Within approximately one (1) week of the initial Order of Protection,

Plaintiff called Defendant and asked him to move back in.

       2.      Plaintiff and Defendant had cohabitated for several extended periods since

                                            1
the Order of Protection was issued.

       3.        Plaintiff informed Defendant that Plaintiff filled out paperwork so that any

previous support ordered was erased because of the cohabitation and support.

       4.        Defendant had no idea that a bench warrant had been issued and was

living in Pickens County throughout the alleged support period.

       5.        Defendant is of limited education and has not had counsel prior to the

present Order for incarceration.

       Based upon the foregoing reasons, the Defendant alleges the ruling from the

Order should be set aside and a new hearing granted.



                                       Respectfully submitted,


                                       _____________________________________

                                       Attorney for the Defendant

City and State
Date




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Description: Motion to Reconsider finding of Contempt of Court in a Family Law Case