IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

CASE NO.: 51-2004-004764-DR-WS/E

Stephen Paul MARTIN, )

Petitioner/Father, )
)
v. )
)
Theresa Marie MARTIN, )
Respondent/Mother. )
____________________________ )

Notice of Petitioner’s Non-Compliance with Civil

Contempt Procedures; and, Respondent’s Response
and General Denial to Alleged Child Support Contempt
Comes now Theresa M. Martin, Mother of the two minor children herein, and in direct

support of her notices, response, and motions presented to the Court, the Clerk, and all parties,

now and hereby alleges, states, and provides the following:

Notice of Petitioner’s Non-Compliance with Civil Contempt Procedures

1.Petitioner has previously alleged, by unverified motion only, that Respondent is somehow

due and owing monies for child support, further alleging that Respondent is now in contempt for

the same, as to failing or refusing to pay the same said monies in a timely manner.

2.Petitioner’s proffered action for contempt is fatal, and may not yet be heard, due to the facts

that Petitioner has: (1) failed to verify or affirm the same in writing reduced to particularly

describing the same orders, factual events, and necessary dates, as required by law, and under

Affidavit or other sworn instrument as duly provided by law; (2) failed to move or petition for

this Court to issue its corresponding Rule to Show Cause; and (3) failed to ensure: (a) that this

Court first issue such Rule to Show Cause, and (b) that such Rule to Show Cause was also duly

served upon the Respondent.

1
 3.All and the same are necessary prerequisites to holding any hearing on alleged contempt.

Respondent’s Response and General Denial to Alleged Child Support Contempt

4.Moreover, Petitioner’s action for alleged contempt is utterly false, and a complete sham

upon this Court, as Respondent’s pay has been regularly garnished in the full amount requested.

5.Immediately subsequent to last year’s Income Deduction Order, Respondent’s employer

implemented regular garnishment against her paycheck in the amounts as specified, and that

same garnishment has occurred on a regular basis, with the total amount taken during this 2006

calendar year alone, up to and including the pay cycle of October 31, 2006, as $8432.72, not

including the additional and regular amounts that were garnished during the latter part of 2005.

6.The facts of ¶ 5, supra, are clearly evinced by the attached paystubs, Exhibits # 1 and 2.

Motion to Dismiss Petitioner’s Alleged Contempt Action with Prejudice

7.The Respondent is by no means in any contempt of this Court or of any order for support,

nor has ever been, and if Petitioner is having any trouble in receiving the same disbursements,

his remedy is to deal directly with the Florida State Disbursement Unit, as he should know.

8.Petitioner has falsely harassed Respondent, and also failed to follow contempt procedures,

and his unverified “motion” for contempt should now be DISMISSED WITH PREJUDICE.

WHEREFORE, the undersigned, Theresa M. Martin, now notifies this Court, the Clerk, and

all parties of the above lack of compliance with contempt procedures, responds in general denial

to the alleged contempt action, and moves this Court DISMISS this alleged contempt action with

PREJUDICE accordingly, and further moves for all other relief just and proper in the premises.

Respectfully submitted,

______________________________
Theresa M. Martin

2
 CERTIFICATE OF SERVICE

I hereby certify: that on this ______ day of November, 2006, a true and complete copy of the

foregoing Notice of Petitioner’s Non-Compliance with Civil Contempt Procedures; and,

Respondent’s Response and General Denial to Alleged Child Support Contempt, by serving the

same upon her in open court, has been duly served upon the following:

(Attorney for Father):

Arnelle M. Strand, FBN 9806
Law Office of Arnelle M Strand, P.A.
8138 Massachusetts Avenue
New Port Richey, FL 34653

______________________________
Theresa M. Martin

Theresa M. Martin
10918 Norwood Avenue
Port Richey, FL 34668
727-457-2436