This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Child Support Motion For Contempt In Salt Lake
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State:
Multi-State
County:
Salt Lake
Control #:
US-00003BG-I
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FAQ
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.
Except as noted below, criminal nonsupport is a class A misdemeanor in Utah. The maximum penalty for a class A misdemeanor conviction is a $2,500.00 fine (pursuant to U.C.A. 76-3-301(1)(c)), or jail time not to exceed 364 days (pursuant to U.C.A. 76-3-204(1)), or both.
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.
This study estimated that 14% of child support debtors were jailed for nonpayment of child support. Extrapolating this figure to the full population of child support debtors (11 million individuals in 2014), this means as many as 1.5 million parents could be getting sent to jail for unpaid child support.
The consequences of the motion: A motion to enforce, if approved, inflicts no punishment on the non-compliant party and instead serves as a reminder to fulfill their legal duties. Alternatively, a motion for contempt can result in jail time or fines for not following a verdict.