New Hampshire Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony

State:
Multi-State
Control #:
US-01470BG
Format:
Word; 
Rich Text
351 downloads

Description

The most common remedy available for the enforcement of decrees in divorce proceedings is the initiation of contempt proceedings. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form 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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  • Preview Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
  • Preview Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony

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FAQ

Bringing a Civil Contempt of Court Action A person who willfully disobeys a lawful child support order can be jailed for contempt of court. The civil contempt action is brought by the parent with residential responsibility over the child.

LEGAL STANDARD A motion to dismiss asks the trial court ?to determine whether the allegations contained in the [Plaintiffs'] pleadings are sufficient to state a basis upon which relief may be granted.? ?K.L.N. Constr.

Examples of the consequences of a contempt finding include money fines, orders directing compliance with the court orders, or even an indefinite jail sentence until the contempt is cured. It is often said that the contemnor ?holds the key to the jail in his pocket? because curing the contempt will set him free.

Rule 4.10 - Periodic Payments (a) A Motion for Periodic Payments may be made at the time judgment is issued or electronically thereafter. This motion may be made orally in the courtroom if the defendant is present when the verdict or judgment is awarded, in which case the court shall conduct a payment hearing.

In New Hampshire, disputes of less than $10,000 and not involving real estate may be resolved in small claims court. You file a small claim in district or municipal court with the court clerk. If there are multiple persons involved, there may be additional filing charges.

A petition or complaint for Contempt of Court is filed with the Chancery Clerk in the same county where the order to be enforced was issued.

$90.00 filing fee for claims of $5,000 or less. fee varies based on travel distance and the number of attempts required to serve the defendant.

Motions -- Specific. (a) Motions to Amend. (1) No plaintiff shall have leave to amend a pleading, unless in matters of form, after a default until the defendant has been provided with notice and an opportunity to be heard, to show cause why the amendment should not be allowed.

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New Hampshire Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony