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Affidavit by Attorney and Request for Order in Support of Motion to...

Maine 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

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-02228BG

Format:

Instant download

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

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

Maine figures child support amounts based on a strict income shares formula that includes numbers such as gross monthly income for each parent and health care premiums for the children.

A Motion for Contempt is a more serious alternative to a Motion to Enforce and is more difficult to prove. In order to prove that someone is in contempt, you must show the court by clear and convincing evidence that the other party: Is not following the court's order; That the party has the ability to do so; and.

A motion to the court must include the legal authority that supports the motion request. The moving party must explain how and why the law, case law, and/or court rule supports the request.

The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.

What are the three basic items all motions must include? All motions must include (1) the motion, (2) the notice of hearing and the memorandum of points and (3) authorities.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

The subpoena shall contain a warning that failure to obey it may result in arrest and that if the court finds the alleged contemnor to have committed contempt, the court may impose sanctions that may include fines and imprisonment, or both.

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