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Family Law - Modification - Contempt Questionnaire

Arkansas Family Law - Modification - Contempt Questionnaire

Category:

Family Law - Contempt

State:

Multi-State

Control #:

US-Q1016

Format:

Instant download

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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FAQ

(b)(1) Punishment for contempt is a Class C misdemeanor. (2) A court shall always have power to imprison until its adjournment. (3) When any person is committed to prison for the nonpayment of any such fine, he or she shall be discharged at the expiration of thirty (30) days.

In Arkansas, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.

If following a hearing, the court finds a person in contempt of court, the court may: issue a fine; order the party be placed in jail; and/or issue additional orders to ensure that the party complies with the initial court order.

Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new ?income-sharing? model takes into account the income of both parents.

Either parent can get help to have a child support order reviewed at least every three years, or whenever there is a substantial change in circumstances, to ensure that the order remains fair.

OCSE may ask the court to find a noncustodial parent in contempt of court for not making support payments. If the court finds the noncustodial parent in contempt, it may order the noncustodial parent to be placed in jail until the noncustodial parent meets certain conditions.

Other Penalties for Nonpayment of Child Support in Arkansas If a parent falls $10,000 or more behind on child support and is behind by more than 12 months, OCSE can refer the case to the state for criminal prosecution of "nonsupport" - this is a misdemeanor punishable by up to one year in jail and a $1,000 fine.

Contempt Proceedings for Non-Payment of Support If the court finds the noncustodial parent in contempt, it may order the noncustodial parent to be placed in jail until the noncustodial parent meets certain conditions.

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