Mississippi Motion for Modification and Motion to Cite Defendant in Contempt
Overview of this form
The Motion for Modification and Motion to Cite Defendant in Contempt is a formal written request to the court seeking specific actions. This form allows a plaintiff to modify prior court orders and request that a defendant be held in contempt for failing to comply with those orders. It is essential for situations involving contested custody or visitation arrangements, as well as disputes over property or financial responsibilities following a divorce. This form differs from other motions as it specifically addresses modification and contempt in family law matters.
Main sections of this form
- Identification of the parties involved, including the plaintiff and defendant.
- Details about the original court judgment and relevant visitation rights.
- Specific requests for modifications, including residence and utilities.
- Statement of the defendant's alleged contempt of court orders.
- Request for attorney's fees and costs associated with filing the motion.
When this form is needed
This form should be used when a plaintiff needs to request changes to a prior court order, particularly in cases of divorce or custody disputes. It is suitable when the defendant has not complied with court-mandated conditions, such as violating visitation rights or refusing to allow access to shared property. If the plaintiff has made efforts to resolve these issues informally without success, this motion provides a legal avenue to seek court intervention.
Who needs this form
This form is intended for:
- Divorced individuals seeking to modify custody or visitation arrangements.
- Individuals who require court intervention to enforce property rights or access.
- Plaintiffs who believe the defendant is in contempt of a prior court order.
- Those needing to establish rights over the marital domicile after separation.
Completing this form step by step
- Identify the plaintiff and defendant by entering their names and addresses.
- Provide details of the original divorce judgment and any visitation agreements.
- Specify the requested modifications regarding residence and utility access.
- Document instances of the defendant's contempt, including any evidence of non-compliance.
- Add a request for legal fees and sign the motion before filing.
Notarization requirements for this form
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Mistakes to watch out for
- Failing to provide complete identification of parties involved.
- Not adequately documenting the instances of contempt.
- Neglecting to include specific requests for modification.
- Missing required signatures or not following local court rules for filing.
Legal use & context
- This form is legally recognized in Mississippi for family law cases.
- Modifications are permissible when circumstances change significantly.
- Contempt findings may lead to enforcement actions, including fines or other penalties against the non-compliant party.
Quick recap
- This form allows plaintiffs to request modifications and seek contempt findings against the defendant.
- Ensure that all information is accurate and complete when filling out the form.
- Familiarize yourself with Mississippi family law procedures to ensure compliance.
- Consider consulting with an attorney when navigating complex family law issues.
Form popularity
FAQ
Proof of contempt Being found in contempt of a court order is extremely serious, and the sanctions imposed can be severe. The court will require clear and concrete evidence of willful disobedience of the court order.
If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.
1There is a valid court order in effect.2The other person knows about the court order.3The facts show a plain violation of the order.4You have given the person notice of the contempt hearing and a chance to be heard.5Contempt is an appropriate remedy for the violation.
PETITION FOR CITATION FOR CONTEMPT OF COURT That the defendant is able-bodied, capable of earning adequate funds with which to comply with the orders of this Court, and that said defendant has willfully failed or refused to pay support as ordered by the Court.
Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.
There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.
At the hearing, you will have to swear to tell the truth before you present your case. As the party alleging contempt, you will probably speak first. Keep your explanation of how your ex disobeyed a court order brief and only talk about the reasons you asked for the contempt action.
To get a contempt finding, you must usually file a court document called a "motion for an order to show cause." That puts the burden on the parent who isn't following the custody or visitation order to explain to the court the reasons why he or she should not be held in contempt.
Depending on the infraction, contempt of court consequences can include fines, compensatory visitation, a modification to the custody arrangement, and in some instances even jail time. In most cases, if someone is held in contempt, the court will first give them the opportunity to make amends for the violation.
