Connecticut 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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US-02228BG
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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

Modifying alimony and child support in Connecticut is possible. After a divorce decree has been entered, the circumstances of the former spouses or children may change, creating a need to modify the original support award.

Submit a written agreement to the court for approval if both spouses agree to a new alimony agreement, which may be temporary or for the duration of the alimony term. A court may make its modification order retroactive to the date the modification motion was filed and served, providing the payor with a credit.

If contempt is particularly severe, it could amount to a criminal offence (for being a criminal contempt). This will come up on your criminal record, and criminal contempt is not limited to criminal proceedings.

Connecticut law does not set durational limits but requires the court to specify the basis for any indefinite or lifetime alimony order. In both states, with certain limitations, alimony may be modified when there is a substantial or material change in circumstances of either party.

Requirements of a contempt application (1) Unless and to the extent that the court directs otherwise, every contempt application must be supported by written evidence given by affidavit or affirmation.

In cases where the order is silent on modification, alimony may be increased, decreased, or eliminated when there is a substantial change in circumstances of either ex-spouse.

Any court, including a family support magistrate, may punish by fine and imprisonment any person who in its presence behaves contemptuously or in a disorderly manner; but no court or family support magistrate may impose a greater fine than one hundred dollars or a longer term of imprisonment than six months or both.

Either spouse can request alimony in Connecticut and will need to do so, formally, in the court paperwork. Before a court can award alimony, the requesting spouse must prove a financial need for assistance and that the other spouse can afford to pay.

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Connecticut 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