New Orleans Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support and Alimony

State:
Louisiana
City:
New Orleans
Control #:
LA-5318
Format:
Word; 
Rich Text
Instant download

Description

This is a judgment on a rule for contempt, in which the court finds in favor of mover and against respondent. Respondent is held in contempt for non-payment of child support and the court orders the arrearage for child support be made executory, together with judicial interest until paid. Respondent is also held in contempt for non-payment of alimony pendente lite and the court orders the arrearage for alimony pendente lite be made executory, together with judicial interest until paid. Respondent is ordered to pay attorneys fees and all costs of court.
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FAQ

Initiating contempt proceedings. This means that the paying parent has to go to court and explain to the judge why the parent disobeyed a lawful child support order. Contempt is very serious and can result in fines and even jail time.

Rule 71 of the present Rules of Court provides the penalties for direct and indirect contempt against superior and inferior courts, to wit: 1 In direct contempt, a fine not exceeding P200. 00 or imprisonment not exceeding 10 days, or both, if it be a superior court, and a fine not exceeding P10.

Contempt can be punished by a fine or up to two years in prison. Contempt of court is not a criminal offence, even though it is punishable by imprisonment. The police and Crown Prosecution Service (CPS) have no power to institute proceedings for contempt.

When the amount of the past due is more than $15,000.00 and the obligation has been outstanding for at least 1 year shall be a fine of not more than $25,000.00, or imprisonment with or without hard labor for not more than 2 years, or both.

(1) For a first offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than five hundred dollars or imprisonment for not more than six months, or both.

Contempt of court, or just ?contempt?, refers to intentionally disobeying a court order. In Louisiana family law, contempt is used as a severe remedy in cases where one parent does not follow a court order related to issues such as child custody or child support.

C. (1) For a first offense, the penalty for failure to pay a legal child support obligation shall be a fine of not more than five hundred dollars or imprisonment for not more than six months, or both.

(2) Justices of the peace may punish a person adjudged guilty of a direct contempt of court by a fine of not more than fifty dollars, or imprisonment in the parish jail for not more than twenty-four hours, or both.

Therefore, where a criminal contempt has been committed, a criminal offence has been committed and, as such, it would appear on the 'criminal record', as defined in section 113A of the Police Act 1997 (PA 1997).

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New Orleans Louisiana Judgment on Rule for Contempt for Nonpayment of Child Support and Alimony