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.
A New Mexico 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 is a legal document used to address situations where a defendant has failed to meet their financial obligations towards alimony or spousal support payments. This affidavit is typically filed by the attorney representing the recipient party (often the former spouse) to seek redress from the court and ensure the defendant's compliance with the court-ordered payments. Keywords: New Mexico, affidavit, attorney, request for order, motion to punish, defendant, contempt, failure to pay, alimony, spousal support. Different types of New Mexico 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 may include: 1. Affidavit for Non-Payment of Alimony: This type of affidavit is filed when the defendant has consistently failed to make alimony payments as per the court's order. The attorney highlights the defendant's non-compliance and requests the court to hold them in contempt for their actions. 2. Affidavit for Non-Payment of Spousal Support: This affidavit is similar to the previous one, but specifically addresses situations where the defendant has failed to make spousal support payments according to the court-ordered terms. The attorney presents evidence of non-payment and seeks the court's assistance in ensuring the defendant fulfills their financial obligations. 3. Affidavit for Contempt Hearing: In this type of affidavit, the attorney provides a comprehensive account of the defendant's non-compliance with alimony or spousal support payments. It requests the court to hold a contempt hearing to determine appropriate actions to enforce the financial obligations, which may include punishment for the defendant's failure to pay. 4. Affidavit for Modification of Alimony/Spousal Support: In some cases, circumstances may have changed since the initial court order, impacting the recipient or the paying party's ability to meet the financial obligations. This affidavit is used by the attorney to request a modification of the alimony or spousal support terms, adjusting them based on the new circumstances. 5. Affidavit for Enforcement of Alimony/Spousal Support Payment: If the defendant consistently fails to comply with the court-ordered payment terms, this affidavit is filed to seek the court's intervention in enforcing the same. The attorney outlines the defendant's repeated non-payment history and seeks a court order for strict compliance. It is important to note that different attorneys and jurisdictions may have variations in the specific naming or format of these affidavits, but their purpose remains consistent — to address non-payment issues and seek the court's assistance in enforcing alimony or spousal support obligations.
