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 Wake
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State:
Multi-State
County:
Wake
Control #:
US-00003BG-I
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FAQ
It is mandatory that a Show Cause Notice (SCN) is issued if the department contemplates any action prejudicial to the assessee. The SCN would detail the provisions of law allegedly violated and ask the noticee to show cause why action should not be initiated against him under the relevant provisions of the Act/Rules.
Legal Examples: A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
The Order to Appear and Show Cause (WAKE-DOM-05B) will contain two court dates: one for an Advisement Hearing which the moving party does NOT need to attend. The second date is for the Show Cause Hearing, at which testimony will be taken and evidence may be produced.
A Show Cause hearing is a meeting to discuss why a person is non-compliant with a court order. The purpose of the meeting is to resolve the issue(s) of non-compliance.
You are Ordered to appear at the date, time and place set out below to show cause, if any, why the Court should not enter an order holding you in civil or criminal contempt. Your failure to appear as ordered may result in the issuance of an Order For Arrest or your being jailed for civil contempt.
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.
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.
If for whatever reason the magistrate does not wish to deal with the contempt immediately, the magistrate may issue a show cause order for the defendant to appear before a district judge at a later time for a plenary proceeding.
The best way to file for show cause and contempt is to visit the Wake County Courthouse and speak with the Family Access Visitation Coordinator, Norma Boyd, who can assist you with this filing.