Child Support Motion For Contempt In Houston
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Motions for Contempt: Filed when a spouse fails to comply with court orders regarding financial obligations like child support or alimony. Contempt motions can result in legal penalties for the non-compliant party, such as fines or even jail time, and are used in cases of severe non-compliance.
In a direct contempt proceeding, the trial court may conduct a summary proceeding in which the alleged contemnor is not entitled to notice or a hearing. A contemnor who commits direct contempt is generally found to be in contempt of court immediately after committing the offending conduct and ingly punished.
The Motion for Contempt must be personally served on the non-abiding party, since some types of contempt may result in jail time. A process server or a constable must personally serve the person, and file their sworn statement with the Court. After service, there must be 21 days before the hearing can be set.
Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.
A contempt motion is a motion filed in family court when the other parent doesn't obey a court order. The court order is most often based upon the agreement of the parties but sometimes is based upon solely a prior order entered by the judge.
If you are convicted of any degree of this crime, your outlook is bleak in terms of sentencing. Second Degree is an “A” misdemeanor while a First Degree conviction is an “E” felony. These crimes are punishable with sentences up to one year in jail and four years in state prison respectively.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
