New Hampshire 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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US-02228BG
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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

Expert Witnesses. (a) Within 30 days of a request by the opposing party, or in ance with any order of the court issued pursuant to Rule 5, a party shall make a disclosure of expert witnesses (as defined in Evidence Rule 702), whom he or she expects to testify at trial.

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.

Financial affidavits filed in divorce, legal separation, annulment, child support, or parenting petition cases shall be confidential to non-parties. Access to such financial affidavits shall be pursuant to Family Division Rule 1.30.

In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

(m) Notice or Subpoena Directed to An Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination.

There is no set age at which the court may consider the child's wishes in New Hampshire, as the law recognizes that age does not equal maturity. Essentially, the court can decide to factor in the child's wishes regarding which parent he or she wants to live with as it sees fit.

Appeal from Administrative Agency. (1) The supreme court may, in its discretion, decline to accept an appeal, or any question raised therein, from an order of an administrative agency, or may summarily dispose of such an appeal, or any question raised therein, as provided in Rule 25.

This rule requires you and the other party to exchange certain financial information and other documents early in your case. Why is this rule necessary? Your case will include court orders which will divide assets and debts and orders on other matters such as health insurance obligations.

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New Hampshire 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