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Family Law - Modification - Contempt Questionnaire

Missouri 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

Failure to Make Payments If the non-custodial parent chooses not to comply with the Order to Show Cause and fails to make the required payments, they may be found in contempt and sentenced to serve a period of time in jail. The finding of contempt and the length of time spent in jail are decisions for the court.

The change must be significant enough to make it better for the child to go live primarily with the other parent. To ?win? a custody modification case, you must allege facts that amount to a change in circumstances that may significantly impact the child's best interests.

Committed by a person who does any act in willful contravention of its authority or dignity, or tending to impede or frustrate the administration of justice, or by one who, being under the court's authority as a party to proceeding therein, willfully disobeys or fails to comply with an undertaking which he has given.

Exposing the Child to Dangerous Situations or Neglect Harsh discipline, drug or alcohol abuse, storing of firearms, and past criminal offenses are examples of dangerous situations that may warrant a change in custody.

The judge will make a decision about custody based on what s/he thinks is in your child's best interest. Under Missouri law, the judge must assume that it is in a child's best interest to have equal parenting time with both parents. However, one or both parents can present evidence to change the judge's mind.

Change in Income: If there has been a substantial increase or decrease in either parent's income, seeking a child support modification may be appropriate. This can occur due to job loss, promotion, change in employment, or significant changes in financial circumstances.

It is not necessary to go to trial or have a contested hearing to make a simple change to the parenting plan if both parents agree. Parents may agree to an informal simple or minor change. Such simple or minor changes may include a change in days, times or exchange location.

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