Arizona Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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Multi-State
Control #:
US-02228BG
Format:
Word; 
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. 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.



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FAQ

When you are found in contempt of court, you will most likely receive a misdemeanor charge as punishment. Fines also apply for a failure to appear in court of $500 or more. A driver's license suspension may be ordered as well if your criminal charge is a DUI or traffic related offense.

Factors used in calculating alimony duration in Arizona The primary factor in the duration of alimony is the length of the marriage: Marriage lasting less than 24 months ? Up to 24 months maintenance. Marriage lasting 24-60 months ? Up to 36 months maintenance. Marriage lasting 60-120 months ? Up to 48 months ...

Premarital Agreements. The only factor that can automatically disqualify a spouse form receiving spousal maintenance in Arizona is the presence of a premarital (or prenuptial) agreement.

In situations where one spouse feels a change to spousal maintenance is reasonable, and unless the final divorce order says otherwise, they can request a modification or termination through the court.

Procedurally, to get a money judgement you must file a Petition to Enforce Spousal Maintenance. After you file and serve the Petition, the opposing party will have twenty days (thirty if they were served out of state) to file a Response. However, the opposing party is not required to file a Response.

In Arizona, spousal maintenance is considered reasonable if it's less than 50% of the spouse's pre-divorce income. Spousal Maintenance can be a contentious issue because it requires one person to support the other financially and emotionally after divorce.

In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.

Contempt actions involve filing a court action alleging that the other parent has violated the custody order and asks the court to find them in contempt. If the court finds the other parent in contempt, they can be ordered to pay a fine, spend time in jail, or take other corrective action.

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Arizona Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support