Oklahoma Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations

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US-MOT-01407
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This is a multi-state form covering the subject matter of the title.

In Oklahoma, a motion to cite a plaintiff for contempt of a temporary judgment requiring one-half mortgage payment in domestic relations cases is a legal document used to address situations where a plaintiff fails to comply with a court-ordered requirement of making ongoing mortgage payments as part of a temporary judgment. This motion seeks to hold the non-compliant plaintiff in contempt of court and enforce the original agreement or order. A "Motion to Cite Plaintiff for Contempt" is typically filed by the defendant (the party not in violation) in a domestic relations case, such as divorce or legal separation, where a temporary judgment or court order has been issued by the court. This motion aims to highlight the plaintiff's failure in meeting the specified obligations regarding the mortgage payment, which is usually divided equally between the parties. Key points to include in the motion are: 1. Identifying information: Begin the motion by stating the names of the parties involved, their addresses, and the domestic relations case number. 2. Background information: Provide a brief overview of the domestic relations case, including any temporary judgment or court orders that have been issued by the court. Highlight the specific provision requiring the plaintiff to make one-half of the mortgage payment. 3. Non-compliance details: Clearly state how the plaintiff has failed to meet their responsibility of making the required mortgage payments. Include dates, amounts, and any supporting evidence, such as payment records or communication exchanges, to substantiate the claim. 4. Legal basis: Cite the relevant Oklahoma statutes or court rules that support the request for contempt of court. Provide solid legal reasoning to support the claim that the plaintiff's failure to comply with the temporary judgment is a violation of the court's authority. 5. Requested relief: Specify the desired outcome of the motion. Usually, the defendant will request that the court find the plaintiff in contempt of the temporary judgment and enforce compliance by ordering them to make the required mortgage payments. Additionally, the defendant may seek reimbursement for any expenses incurred due to the plaintiff's non-compliance, such as attorney fees. It is important to note that different types of motions to cite a plaintiff for contempt may exist within the state of Oklahoma. These can vary based on the specific violation or non-compliance in question, such as failure to pay child support, alimony, or other financial obligations related to the dissolution of a domestic partnership. However, the focus here is specifically on motion to cite a plaintiff for contempt of a temporary judgment requiring one-half mortgage payment in domestic relations cases.

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A response shall be filed within fifteen (15) days of filing of the following motions: (1) Motion to stay or suspend a judgment; (2) Motion to dismiss an appeal on jurisdictional grounds; (3) Motion for attorney's fees; and (4) Motion for judgment on supersedeas bond.

Oklahoma's statue of repose provides that no tort action for: (1) any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property; (2) injury to property, real or personal, arising out of any such deficiency; or (3) injury to the person or for ...

A party shall respond to an amended pleading within the time remaining for response to the original pleading or within twenty (20) days after the service of the amended pleading, whichever period may be longer, unless the court otherwise orders.

The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs.

The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.

The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs. 4.

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Oklahoma Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations