Puerto Rico 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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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.



Puerto Rico 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 in Puerto Rico to address situations where a defendant has failed to fulfill their financial obligations towards alimony or spousal support. This article will provide a detailed description of the purpose, structure, and potential variations of this type of affidavit and request for order. The Puerto Rico 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 serves as a formal statement by the attorney representing the supported spouse (plaintiff) in a divorce or separation case. It outlines the defendant’s non-compliance with the court-ordered alimony or spousal support payments and requests the court to take appropriate action to punish the defendant for their contempt. The affidavit component of this document includes relevant details such as the names of the plaintiff and defendant, the case number, the court where the case is being heard, and a factual account of the defendant's failure to meet their financial obligations. The attorney declares the accuracy of the information provided in the affidavit under penalty of perjury, highlighting the seriousness of the matter at hand. The request for order section outlines the legal action sought by the plaintiff's attorney. The attorney can request the court to punish the defendant for contempt, emphasizing that failing to pay alimony or spousal support is a violation of a court order. The attorney can suggest penalties such as fines or imprisonment for the defendant to compel compliance. Additionally, the attorney may request the court to modify or enforce the existing support order to prevent further non-compliance. Different types of Puerto Rico 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 specific variations based on the particular circumstances of the case. For example, there might be variations for cases where the defendant has consistently failed to make payments over an extended period, cases involving significant arrears in unpaid support, or cases where alternative remedies such as wage garnishment or property liens are being sought. In conclusion, the Puerto Rico 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 crucial legal document used to address non-compliance with financial obligations in divorce or separation cases. This document enables the plaintiff's attorney to present evidence of the defendant's failure to pay support and request appropriate action from the court.

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FAQ

The paying spouse can petition the court seeking alimony termination if circumstances arise that make payment nearly impossible. Some circumstances the courts will look for before allowing the petition include unemployment, an illness that prohibits work, and whether payment would cause severe financial hardship.

Laws tit. 31, § 385. If any of the spouses does not have sufficient means for subsistence once the divorce is decreed on any of the grounds established in § 321 of this title, the Court of First Instance may assign alimony, [at] its discretion, from the income, earnings, salary or property of the other spouse.

Average per person court and legal fee costs by state: StateFees and Lawyer Average [1] How much does a divorce cost by state Puerto RicoFees and Lawyer Average [1]$10,400State Rhode IslandFees and Lawyer Average [1]$10,40051 more rows

In Puerto Rico, child support takes into account the income from the parent's spouse. If one or both of the parents have a spouse, the spouse's income is factored into the amount the parent will pay for child support.

The judge will decide how much alimony will be paid, how long it will last, and from where the alimony will be paid, such as from the spouse's salary, other income, property, etc. In Puerto Rico, a judge can order ?pendente lite? spousal support.

One or both spouses must file a petition, but it is not necessary that both parties agree to the divorce. In addition, one of the parties must have lived in Puerto Rico for a period of one year before filing the divorce petition.

A peremptory writ directs the respondent to do, or to stop doing, something. If the court is considering issuing a peremptory writ in the first instance, it will provide notice to the parties and then decide the matter by opinion without hearing oral argument.

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Puerto Rico 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