Day: March 20, 2015

March 20, 2015

Filing Contempt Charges

One thing is for sure, the arguing between spouses does not stop even after the divorce is finalized. For example, if the child support or child custody matters aren’t to the liking of one party, he/she may not want to comply. When this happens, you can file a motion with the court that they be held in contempt says one of the top Immigration Lawyers Denver. The court will be able to impose penalties when it is shown that a party has willfully failed to follow the court order. Though in most cases, you may benefit from hiring Denver Attorneys for this process, in some states, there are standard forms and instructions offered so that you can bring it to court yourself.

Get the paperwork.

You will want to see the court clerk and get the paperwork- or you can type it up yourself. Some states have fill in the blank forms available along with instructions on how to fill it out. You will need to be sure to include your case number, yours and your spouse’s names, and the name of the court.

Explain the original order.

In your filing contempt charges, you will need to briefly explain what the original order requires. For example, if your spouse is required to make child support or alimony payments or if custody arrangement required that they drop the child/children off at a specific time.

Explain the violation.

In detail, explain how your spouse is purposely violating the order. If he/she has failed to make payments, mention the date of the last payment and how much is currently owed. If your spouse has consistently been late dropping the child/children off, note the dates and times.

Mention the relief requested.

If you’re requesting relief from the court, explain what relief you’re requesting. Examples would be garnishing their wages or even incarceration to pressure them to pay.

Obtain and complete other paperwork.

In some states, you’ll be required to fill out accompanying paperwork such as a Summary Sheet and a subpoena, which “commands” your spouse to participate in the hearing.

File the motion.

File your contempt motion as well as any accompanying documents. After you file, you’ll need to provide a copy to your spouse. Most states require that the motion be delivered by a process server or a Sherriff.

Go to the hearing.

The court will schedule a hearing for you to present your evidence for the claims in front of the judge. Your spouse will be given the chance to defend his/her actions. The judge will either deny your request or grant your request and provide you the relief you seek.

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