Washington 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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Description

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.



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FAQ

Washington law requires courts to consider the requesting spouse's need for maintenance and the other spouse's ability to pay. Maintenance should be no more than the would-be-recipient needs, nor should it exceed the would-be-payor's ability to pay. Each party's 'need' and 'ability' is relative to the other spouse.

The law makes it very clear that judges are not to consider fault when determining divorce arrangements. As such, adultery does not come into play in decisions about custody or property division, nor does it impact spousal support, a common concern amongst couples.

If the court finds that the parent is willingly refusing to make child support payments, they will be held in contempt of court until the arrearage is paid. This can include daily accruing fines on top of the support payments and even jail time.

Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage.

(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21. 010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose. (b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.

Spousal support has no direct impact on either party's state taxes in Washington.

How do you modify spousal maintenance (alimony) in Washington State? The party seeking modification must prove to the court a substantial change in circumstances, and he or she must do so prior to the existing maintenance obligation expiring.

First, you may receive a court order that will order payment. After that, the state may garnish your wages. You open yourself to significant legal jeopardy when you do not pay court-ordered spousal support.

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Washington 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