New Jersey 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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How to fill out 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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FAQ

When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor.

If the money is not collected (liens) Request to have the judgment recorded as a lien against any real estate the debtor owns. Once the judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until the debt is paid.

Under New Jersey Court Rule , an adverse party can require a plaintiff in a personal injury action to submit to a physical or mental examination?i.e., an independent medical examination (?IME?) or DME. But when, if ever, is third-party observation or recording of an IME allowed?

. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.

The third-party plaintiff shall serve a copy of the third-party complaint upon the plaintiff within 5 days after service thereof upon the third-party defendant.

The procedure to establish contempt is straightforward. The person seeking the finding must file a motion in court with supporting documents stating how a court order was allegedly violated. The court will set a hearing date. The accused party must be properly served with the motion and notice of hearing.

If the defendant responds in writing within the 35 days, a trial date will be scheduled. All parties will be notified by the court. If a defendant does not respond within the 35 days, the court will enter a default.

(a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. -2.

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New Jersey 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