I received a Delay Prevention Order/Show Cause in the mail. I live in Colorado Springs. Not sure what I am required to do or how to respond. We just completed Mediation on December 2. I received the order on December 9. Ex-husband is the one that filed the motion. Why/or do I have to respond when he is the one that wants payments reduced. It states "This action is before the Court on a sua-sponte judicial review. Thank you for listening.
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Modification/Reduction of Alimony
- Thread starter Raelea
- Start date
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Just Blue
Senior Member
Did you have an attorney for the mediation?
Ohiogal
Queen Bee
Ummm... If the order states sua sponte, "w, sua sponte (Latin: "of his, her, its or their own accord") or suo motu ("on its own motion") describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties. " The COURT wanted it.. NOT your husband. The court doesn't think it is appropriate. You need an attorney.
No. I am representing myself
LdiJ
Senior Member
You always need to respond. Otherwise, you could find yourself losing something by default.
Who made the motion? Your husband or the court? A sua-sponte motion is normally a motion the court itself makes because no action has taken place on a case or for some other reason noticed by a judge. So, is the judge trying to dismiss the case?
Taxing Matters
Overtaxed Member
Since the court stated that the order is sua sponte it means the court initiated it, not your ex. I can't tell you which of the two of you it is directed at or what is going on as I have not read the order. But a show cause order generally is an order directed to one of the parties telling them to show the court cause why a certain action that the court will otherwise take should not be taken. The party to whom the show cause order is made must then show the court that cause or the court will likely proceed to take the stated action. So, for example, the order might direct a plaintiff to show cause why the case should not be dismissed. If plaintiff doesn't respond with something sufficient to convince the court that the case should continue then the case would get dismissed.
I suggest you take the order to lawyer to find out exactly what you need to do. If you are the one that has to respond then you need to get the response right if you want to avoid whatever the court is proposing would happen otherwise.
Received it from whom? What does this notice say?
What order? Does this mean that, at mediation, the two of you resolved the issue and submitted an agreement to the court, which the court incorporated into an order?
No one here knows what it says or what you might have to do.
Surely it says more than that.