The most common remedy available for the enforcement of decrees in divorce proceedings is the initiation of contempt proceedings. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
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State:
Multi-State
Control #:
US-01470BG
Format:
Word;
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Description
Definition and meaning
A Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony is a legal request filed by a party who believes that their ex-partner is failing to comply with a court-ordered alimony payment. This motion asks the court to hold the defaulting party in contempt, which can result in legal penalties. The goal is to enforce compliance with the previous court order regarding alimony.
How to complete a form
To complete the Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony, follow these steps:
- Begin by entering the names of the parties involved in the case in the designated fields.
- Provide the case number assigned by the court.
- Clearly state the specific date of the final divorce decree.
- Indicate the amount of alimony that was ordered by the court.
- Detail the date when the defendant stopped making payments.
- Calculate the total arrearage owed to you as of the current date.
- Sign and date the motion before submission.
Who should use this form
This form is intended for individuals who have been awarded alimony as part of a divorce decree but are not receiving the payments as mandated. If you are the receiving party and your ex-partner has not complied with the court’s order for alimony, it is appropriate to file this motion.
Key components of the form
The key components of the Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony include:
- The names and contact information of both the plaintiff and the defendant.
- The case number and court details.
- The original divorce decree including the alimony stipulations.
- Clear statements of nonpayment and arrears.
- Relief sought from the court.
Common mistakes to avoid when using this form
When completing the motion, avoid the following common mistakes:
- Failing to include the correct case number or court information.
- Not detailing the exact amount of alimony owed.
- Omitting dates associated with the payment schedule and arrears.
- Neglecting to sign and date the document before submission.
What documents you may need alongside this one
In addition to the Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony form, you may need the following documents:
- A copy of the original divorce decree where alimony was ordered.
- Any correspondence or communication attempts made to collect the owed alimony.
- Records showing payments made or missed.
What to expect during notarization or witnessing
If your motion requires notarization, you will need to sign the document in front of a licensed notary public. The notary will verify your identity and witness your signature, ensuring that the document is legally valid. In some jurisdictions, witnessing by a third party may also be required. Be prepared to provide valid identification and any necessary fees for notarization.
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FAQ
Once a party has been served with a motion for contempt, they have twenty (20) days to answer or respond to the motion. Upon responding to a motion for contempt, a defendant may either assert a defense or purge the contempt by complying with the court's order and paying any past due support obligations.
The word contempt is used to describe the situation when an individual has intentionally disobeyed a court order. In family law, a finding of contempt is a way for the Court to enforce child support, spousal support, custody and visitation orders that a party has violated.
In California, a contempt proceeding in family law cases is initiated by the filing of an Order to Show Cause and Affidavit for Contempt with the Court. The person alleged of being contempt, the citee, is then served with a copy of the papers.
If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court.
There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.
To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.
A motion for contempt of court in a child custody context simply alleges that the ex violated the court's custody order. This can happen by them either doing or failing to do something. You must first serve the motion on your ex, and the ex will then be given a limited amount of time to respond.