When a Motion to Show Cause for Contempt of Court is filed for an alleged violation of a court order concerning child custody, visitation or support, the contempt may either be charged as CIVIL or CRIMINAL. The petitioner must state whether he or she is asking for a criminal or a civil contempt proceeding.
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 custodial parent may file a petition with their local child support agency. That petition will then be forwarded to the New York City Law Department office in the county where the non-custodial parent resides. This matter will then be litigated in the New York City Family Court located in the same borough.
A petition initiates legal action or proceedings, while a motion is a request made within an ongoing case to prompt a specific court action or decision.
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.