Salt Lake Utah 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

State:
Multi-State
County:
Salt Lake
Control #:
US-02228BG
Format:
Word; 
Rich Text
Instant download

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

Step 1: File documents File the following with the court (forms are available in the forms section below): Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions. Any documents you have to support your request (such as receipts, printouts from ORS or other proof) Request to Submit for Decision.

An ex-spouse's failure to pay court-ordered alimony payments can have considerable legal consequences in California. The court can order a wage garnishment, where a percentage of your ex-spouse's wages is automatically diverted to you through the court.

If your ex-spouse cannot afford to pay because of a lost job, he or she needs to request an official support modification order. Until a judge grants your ex's modification request, he or she will continue to owe you the same amount in alimony.

Hire an alimony attorney or file a claim on your own with the appropriate legal paperwork. Contact your local court or go online to locate the right documents. Ask a judge to order your spouse to make the payments and keep up with payments in the future. The courts call this a motion for contempt or enforcement.

A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt. A parent cannot be held in contempt though simply for failing to take up the contact given.

If the payor owes a large sum of money, and the payee files for a judgment against you, the judge may rule that the payor must pay the total amount plus interest. If the court finds the payor in contempt with the order, they may order jail time. The court may place a lien on the payor's property.

What happens if the alimony is not paid on time? Once the court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties.

Someone cannot be put in jail just because they owe money. But the person who owes support is ignoring a court order to pay support, so he or she can be prosecuted for being in contempt of court and could go to jail for that reason.

What happens if the alimony is not paid on time? Once the court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties.

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Salt Lake Utah 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