Alabama Petition for Rule Nisi
What is this form?
The Petition for Rule Nisi is a legal document used in the Circuit Court to petition the court for enforcement of a prior child support order. Its primary purpose is to address a situation where a party is in default, meaning they have failed to fulfill their financial obligations, particularly in regards to child support. Unlike other forms, this specific petition emphasizes seeking a court order to hold the non-compliant party in contempt, which can lead to legal consequences such as incarceration until they comply with the support order.
Key parts of this document
- Identifying information for the plaintiff and defendant, including full names and Social Security numbers.
- Details of the original child support order, including payment amounts and related dates.
- A summary of the defendant's failure to pay child support.
- A request for the court to require the defendant to show cause for their non-compliance.
- A request for potential attorney's fees and court costs incurred by the plaintiff.
Situations where this form applies
This form should be used when a custodial parent or guardian seeks to enforce a court-ordered child support payment and when the other party has failed to make the required payments. It is particularly relevant when significant arrears have built up, prompting the need for legal intervention to seek compliance through contempt proceedings.
Who can use this document
- Custodial parents or guardians who have not received court-ordered child support payments.
- Legal guardians seeking to enforce a divorce or custody agreement regarding financial obligations.
- Individuals who have already attempted to resolve child support non-payment informally but have been unsuccessful.
How to complete this form
- Fill in the plaintiff's and defendant's personal information, including names and Social Security numbers.
- Provide details regarding the child support order, such as the amount due and the date it was established.
- Clarify the arrears amount and mention any legal representation if applicable.
- Outline your request for the court to hold the defendant in contempt and any desired outcomes.
- Sign and date the form in the designated areas before submitting it to the court.
Does this document require notarization?
This form does not typically require notarization unless specified by local law. However, it's advisable to check with the court for any local requirements.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to include accurate identifying information for both parties.
- Not specifying the exact amount of child support owed.
- Omitting required signatures or dates on the petition.
- Not following local court procedures for filing the petition.
Benefits of using this form online
- Convenience of accessing and filling out the form from home.
- Editable templates that allow for customization to your specific case.
- Guaranteed reliability as the forms are drafted by licensed attorneys.
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FAQ
If you or CSED proves that the parent has purposefully or intentionally failed to pay the child support order, the owing parent will be found to be in contempt of the order. One possible penalty of being found in contempt is jail time.
In many cases throughout Georgia, a rule nisi is issued before a temporary hearing for issues arising from divorce cases. Meaning to show cause rule nisi allows the opposing party to receive notice of a hearing so that both parties are provided the opportunity to be heard before a court of law.
The petitioner must wait at least six weeks from the date the decree nisi was granted before making an application for the decree nisi to be made absolute, or final. This application is usually dealt with quickly by the court and the final decree is sent out to both parties.
The parent must receive the court papers in accordance with state law in order to be properly served. If the parent is found in contempt, it means he or she did not obey the support order on purpose. The parent could be sent to jail.
There is no fee to file a Motion for Contempt. If the other party disobeyed an order from a case that has gone to final judgment (check with the clerk's office if you are unsure), you'll need to have a marshal serve the papers on (in other words, give them to) the other person. The marshal's fee is usually $50 to $75.
If your spouse fails to abide by the divorce decree after your divorce is final, you could wind up without your rightful properties, child support funds, or alimony payments. Not only is this inconvenient and frustrating, but it could lead to serious financial hardship or issues with your children.
A judgment nisi means a judgment that comes into effect on a specified date unless within a certain time period cause is shown why it should not go into effect.
Rule Nisi is a request by one party to rule the other party in contempt for not complying with previous arrangements made in a court of law.If your ex-spouse refuses or does not pay the full amount of your child's medical expenses that were agreed upon in a previous ruling, you can file a petition for Rule Nisi.
Upon the hearing the petitioner or his Advocate, if he appears, the Bench, if satisfied, shall direct a rule nisi to issue to the respondent against whom the order is sought, calling upon him to appear on a date to be fixed therein to show cause why the order sought should not be made and may also further direct him to