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Alabama Family Law - Modification - Contempt Questionnaire

Category:
Family Law - Contempt
State:
Multi-State
Control #:
US-Q1016
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of parties in a modification of domestic relations order or contempt matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire

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FAQ

You have the right under Alabama law to file a motion to alter, amend or vacate the ruling. You may also appeal the ruling to the Alabama Court of Civil Appeals and then seek review by the Alabama Supreme Court.

Civil Contempt ? If a parent does not obey a court order, he or she may be found in contempt of the order. Child Support Enforcement can ask a judge to find a parent in contempt if he or she is 30 days late in support payments or does not comply with the medical support order.

The terms of a divorce order are binding, but they aren't set in stone. Modification of these terms is possible. The court order for a change is known as a ?modification? in AL. In effect, you can pursue a modification at any time following the last order.

When an owing parent is at least 30 days behind in payments, then you, your attorney, or CSED can ask a court to find the parent in contempt. Again the owing parent must be notified and told to come to court.

The state can intercept and garnish sources of the delinquent parent's income, such as the parent's paycheck, tax refund, or lottery winnings. If you are having trouble getting child support payments, it may be extremely helpful to seek the services of an experienced attorney.

An ongoing child support obligation can be modified when there is a change in circumstance between when the support order was entered and current circumstances. One of the types of changes in circumstances is when a parent receives a raise, changes positions, or is promoted.

If you want to change the alimony terms from your previous divorce, then you file a Petition to Modify with the Court that originally issued the previous Order. The Court must find that there has been a 'material change in the circumstances of one or both of the parties' to make this modification.

The court may order that a person who has been found to be in civil contempt be committed to the custody of the sheriff until such person purges himself or herself of the contempt by complying with the court's order, decree, or command.

If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.

Petitions for contempt in Alabama are typically referred to as petitions for rule nisi. A rule nisi literally commands a party to show cause why that party should not be compelled to do an act that has previously been ordered by the court.

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