A South Carolina Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment in Domestic Relations is a legal document that seeks to hold the plaintiff accountable for failing to comply with a court-ordered temporary judgment related to the payment of the mortgage in a domestic relations case. It is vital to adhere to specific keywords that are relevant to this legal matter. Here is a detailed description and explanation: Keywords: South Carolina, motion to cite plaintiff, contempt, temporary judgment, one-half mortgage payment, domestic relations. 1. Definition of a Motion to Cite Plaintiff for Contempt: A motion is a formal request submitted to the court, asking for a specific action or decision. In this case, the motion seeks to cite the plaintiff (a party initiating legal action) for contempt, which means holding them accountable for not complying with a court-ordered temporary judgment. 2. Temporary Judgment in Domestic Relations: A temporary judgment is a ruling made by the court on a temporary basis during ongoing legal proceedings. In the context of domestic relations, it pertains to matters related to marriage, separation, divorce, child custody, and related issues. 3. One-Half Mortgage Payment: The temporary judgment mentioned requires the payment of one-half (50%) of the mortgage payment. This implies that the court has ordered the plaintiff to contribute financially to the mortgage payment, specifically in a domestic relations case, where property or assets may be jointly owned. 4. South Carolina Jurisdiction: This type of motion refers specifically to cases within the jurisdiction of South Carolina. The laws and regulations of South Carolina apply to such cases, and this motion would deal with non-compliance matters within the state. Types of South Carolina Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment — Domestic Relations: 1. Failure to Pay One-Half Mortgage Payment: This type of motion is filed when the plaintiff fails to fulfill their obligation of paying one-half of the mortgage payment as directed by the temporary judgment. 2. Willful Disregard of Court Order: If the court finds evidence to suggest that the plaintiff intentionally and willfully disregarded the temporary judgment, this type of motion is filed. It implies that the plaintiff deliberately refused to adhere to the court's directive. 3. Consequences of Contempt of Temporary Judgment: When the court finds the plaintiff in contempt, there can be several consequences. These may include fines, penalties, specific performance to fulfill the obligation, modification of the judgment, and, in extreme cases, even imprisonment. 4. Remedies Sought: The document would outline the remedies the moving (party filing the motion) seeks from the court. These remedies might include enforcing the temporary judgment, compelling the plaintiff to pay the outstanding amount, or imposing sanctions to ensure compliance. It is important to note that specific circumstances may lead to variations in the types of motions filed in South Carolina. The aforementioned types provide a general framework based on the keywords and legal context. Legal advice from an attorney specific to your situation is crucial to understand and navigate the complexities of domestic relations cases in South Carolina.
South Carolina Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations
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How to fill out Motion To Cite Plaintiff For Contempt Of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations?
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If the court approves, the defendant will be held in civil contempt and can be ordered to pay a fine and/or receive time in jail. Violating a valid DVPO in North Carolina is a Class A1 misdemeanor, and can be punishable by up to 150 days in jail depending on the person's previous criminal record.
How Do I Hold Someone in Contempt for Violating a Family Court Order? If the contempt is constructive, then you must file a Rule to Show Cause (?RTSC?) and serve it on the other party. At the RTSC hearing, the filing party presents their evidence as to the other person's alleged violation of the order.
How much time do I have to file a Motion to Reconsider? Motions to reconsider are governed by the South Carolina Rules of Civil Procedure. Rule 59 gives you ten (10) days to file the motion after you receive the written order.
Contempt Powers of the Court The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.
A person who is convicted of or pleads guilty to criminal contempt is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. HISTORY: 2014 Act No. 121 (S. 22), Pt IV, Section 6.
SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.