West Virginia 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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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.



A West Virginia 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 family law cases. It is primarily filed by the attorney representing the recipient of alimony or spousal support when the payer fails to make the agreed-upon payments. The purpose of this affidavit is to inform the court of the non-compliance and request a punishment for the defendant's contemptuous behavior. Keywords: West Virginia, affidavit, attorney, request for order, motion, punish, defendant, contempt, failure to pay, alimony, spousal support. Different types or variations of the West Virginia 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: 1. Motion for Contempt due to Failure to Pay Alimony: This type specifically deals with cases where the defendant has failed to fulfill their financial obligations regarding alimony. 2. Motion for Contempt due to Failure to Pay Spousal Support: This type is used when the defendant has failed to meet their responsibilities regarding spousal support payments. 3. Affidavit by Attorney in Support of Motion to Punish Defendant for Contempt: A more general term that encompasses both alimony and spousal support cases, emphasizing the attorney's role in filing the affidavit and requesting the court to take action against the defendant. 4. West Virginia Affidavit by Attorney: This refers to a standalone document filed by an attorney in support of their client's case regarding alimony or spousal support issues, regardless of the specific motion or request for punishment. These variations may exist due to the nature of the individual case, including the type of support being withheld or the parties involved. It is essential to consult with a qualified attorney to determine the appropriate type of affidavit and request for order in a specific situation.

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(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

(a) An order for child support shall provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and ...

In the event such person is adjudged guilty of contempt, the person may be fined not more than $50 for the first offense. For a second offense pertaining to the same matter the person may be fined not more than $100.

- Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

Rule 20. Unless otherwise ordered, the time to answer or otherwise respond to a complaint may be extended by stipulation. The stipulation shall constitute an appearance by any defendant who is a party to it.

Rule 25 - Substitution of parties (a)Death. - (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.

- In proceedings in which both parties are self-represented, the court shall prepare all orders and findings of fact. In proceedings in which one or both parties are represented by attorneys, the court may assign one or more attorneys to prepare an order or proposed findings of fact.

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If you are claiming the person named in your petition has failed to obey an order requiring the payment of child support, spousal support, or separate ... You must attach a copy of the order requiring these payments. List the due dates ... . Failure to Obey Other Terms, Conditions, or Requirements of a Court Order.An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action ... An award of alimony shall not be disproportionate to a party's ability to pay as disclosed by the evidence before the court. (b) Upon ordering the annulment of ... Jul 1, 2023 — Unlike income withholding, some remedies for collection of child support require that the noncustodial parent be in arrears prior to their use. If a child support agency is enforcing a child and spousal support order, the agency is responsible for monitoring payments and calculating arrears for spousal ... Once the obligee has made a prima facie case, the obligee's attorney may request a: • Finding of guilt for willful failure to pay child support or judgment ... Fill out the Affidavit in Support of Motion form, which tells the court and the other party what you are asking for from the court and WHY you are asking for ... The Defendants named in this case have conspired to commit fraud by and through the establishment and enforcement of fraudulent child support orders that were ... Willful failure or refusal to comply with order to pay support. §48-14-503 ... (4) Order the contemnor to pay support in accordance with a plan approved by ...

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West Virginia 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