Sanctions?

[M.S.W 1959]

Hi,

Thank you in advance for your help with this question.

I have been requesting discovery as a Pro Se Petitioner since June 2010.

The Respondent has refused and/or given me small bits and pieces of his financial documents, but has left several key items out including a savings and checking account, information regarding a home that is owned in his name only but is marital property and info regarding a 401(k).

I filed a motion to compel, had a hearing he did not come too, and he was ordered to give me the requested info.

He still did not, and at another hearing that we had on temp custody and support, he was once again ordered to give me info.

He still has not complied and now has an attorney who seems to be playing along with his refusal to give me certain documents.

So my question is this. How do I file a request for sanctions for him disobeying orders and not appearing at the hearing? I have lost time at work as well as notary fees, etc. to make him comply which he willfully refuses to do.

I have filed for him to be held in contempt of court, but want to ask the court for specific sanctions now.

Is there a certain form I need to use?

Thanks again - great forum!

[Attorney Howard Iken]

You can't ask for attorney fees because you do not have one. But you can ask for reimbursement of some expenses.

I would ask the court to strike certain pleadings as a sanction - such as his financial affidavit and certificate of compliance with mandatory disclosure. A standard motion to compel, or a motion for contempt can ask for that specific relief.

Attorney Howard Iken