Hawaii 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
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US-02228BG
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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

Courts in Hawaii divide assets ing to equitable distribution. This means that marital assets are divided fairly and equitably, but not always on a 50/50 basis. The court must consider several factors before approving how assets are divided. Marital debts are also treated in a similar fashion.

Judges have broad discretion when deciding whether to award support and, if so, the type and amount to order. There is no formula for calculating spousal support in Hawaii. The court won't order any spousal support until the judge finds that one spouse needs financial assistance and the other can pay it.

Typically, this type of alimony may last about six months to a few years. The second type of alimony is permanent, yet it is awarded very rarely in Honolulu. A court might order permanent alimony if a spouse doesn't have any job prospects because of a disability or old age.

The law is that alimony cannot be longer than the marriage, and rarely is alimony awarded for the remainder of the alimony recipient's life. Instead, often disparate property division is awarded, which means the alimony recipient receives more than 50% of the time of divorce equity/net worth.

Alimony is not required to be paid in Hawaii divorce cases. The divorcing spouses must agree (otherwise the court will decide) whether spousal support will be paid, who will pay it, how much it will be, and how long it will last. Alimony is not a part of most divorce settlements, although most people assume that it is.

An Agreement Incident to Divorce or AID is a supplemental document to a Decree of Divorce. This document is completely confidential and not filed with the decree and therefore not viewable in the public record.

As is generally the case across the country, the Hawaii law mandates that parents be financially responsible for their children.

The Motion and Affidavit for Post-Decree Relief, and the appropriate attachments, are used to request every type of available relief in a case where a Divorce Decree or Judgment of Paternity has already entered. More than one such motion can be filed in the Post-Decree period.

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Hawaii 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