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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FAQ
The only way to legally reduce your child support payment under New Jersey law is to file a motion with the family court and to request a reduction/modification of the child support order.
Typically, a person must file a motion for contempt of court. This does not create a new case. The motion is filed in the same county and court where the original order was entered. The moving party may also be required to file a declaration or affidavit with the court.
Decrease in Income. If one parent loses their job, he or she may be unable to meet child support obligations. Increase in Income. New Expenses for the Child or Change in the Child's Residence. New Family Responsibilities for the Parent. Cost of Living Adjustment Clauses.
You will need to file a motion asking the court to grant your request for a modification. To that you'll need to attach a copy of the court order you want to change, a copy of a prior and current case information statement or statements, supporting affidavits (sworn statements) and briefs (legal arguments).
Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.
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.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
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.