Since a contempt case could result in the other person being put in jail, the court may appoint a lawyer to represent the person if the court is satisfied that the person is poor and cannot afford to hire a lawyer. However, the court cannot appoint a lawyer for you. If the court appoints a lawyer for the other party, it will be much more difficult for you to handle the case yourself, so it is important that you think carefully about whether you should try to enforce the court order without a lawyer. This set of forms and instructions is intended only for cases of divorce, legal separation, paternity or other support when a person who has custody of the child or children refuses to allow court-ordered access and the person with access rights attempts to enforce the order. When a judge makes an order on the custody and access of children, it becomes a court order and has the force of law. If the judge signs the supporting order, you must formally notify the other party, the party who you believe did not comply with the court order. This «official» notice is called a «process service». You must go to the hearing and testify in court (speak under oath) about why you believe the person you are filing a complaint against has not complied with the court order. Once you have testified, the judge will decide if the person does not consider the court because they did not comply with the court order to pay family allowances. If the judge concludes that this person is not being considered, he sentences him to prison and then gives him a chance to be released from prison by following a clean-up plan. A cleaning plan allows the person to correct the behavior that caused the contempt. For example, if the person is found in contempt for failing to pay court-ordered child support, the judge could set a schedule for the payment of support, which could include the payment of current assistance plus an amount for default assistance. If the clean-up plan required the payment of child support, you must attach a certified (official) copy of the payment and arrears history (late assistance) to this affidavit and application.
This certified copy must be up to date. You cannot use the one you marked as evidence at the contempt hearing. To obtain an up-to-date certified copy, follow the instructions in paragraph 5 («Preparation for The Hearing»). You must be prepared to indicate exactly what amounts the court ordered in the clean-up plan and what amounts were actually paid. If the clean-up plan included a certain amount of child care or health care expenses that were to be paid through the District Court Clerk, you must attach a certified (official) copy of the payment and arrears history to this affidavit and application. When you file your affidavit and application, you must also take the proposed arrest warrant with you. It is necessary that you have the affidavit and the application submitted to the clerk of the district court. The affidavit and application, along with the proposed arrest warrant, must then be given to the judge for signature. The clerk will tell you if you need to send the documents directly to the judge`s staff or if the clerk will. You should also ask the clerk if the judge`s staff or employee gives the sheriff the arrest warrant for the service or if you need to do something else. You can check with the clerk`s office in a few days if the arrest warrant has been issued. They must appear before the court on the date and time specified in the reasons order.
If the person found in contempt of court does not pay the child support ordered in the clean-up plan, you can file documents requesting that they be sent to jail to serve the sentence ordered by the court at the contempt hearing. A lawsuit to enforce court orders is called a contempt action. They ask the judge to despise the person who does not obey the court order. If you can show that the person intentionally ignored the court order, the judge can put them in jail until that person has followed a plan to «cleanse» themselves of the contempt. For example, if a person has not followed a visitation order, the judge may hold the person in contempt, sentence them to imprisonment, and then give them a chance not to stay in jail and obey the order by following a visiting schedule established by the judge. If the other party shows up for the hearing, the court will ask them if they have a lawyer. If the other party does not have a lawyer, the court will ask if they want the court to appoint a lawyer to help them. If the person says yes, and the court decides they are poor, the court will appoint a lawyer to help them and postpone the hearing to another day.
If you are trying to enforce a visitation order, you must be prepared to provide the judge with examples of why you believe you have been wrongly denied the court-ordered visit. You must bring the following with you to the clerk of the district court where the child support order was issued: Once you have received a date and time for the hearing, prepare what you will say in court. An example of what you might say to the court is included in this kit and is entitled «Instructions for Your Enforcement Hearing (CD 6:5.30)». It`s okay to write down what you want to say in advance and read it when you go to court. Practice what you want to say so you don`t get too nervous when you go to court. If you have to go back to court, you must keep accurate records of all visiting violations. Keep a journal or mark a calendar with the dates and times when the other parent didn`t follow the order and wasn`t posted, or showed up too late or caused other problems. NOTE: YOU MUST SERVE THE PERSON YOU THINK IS NOT OBEYING THE COURT ORDER BY ASKING THAT PERSON`S SHERIFF TO GIVE THEM A COPY OF THE ORDER TO SHOW THE REASON. . If the other party is not served at the time of the hearing, you must still appear at the hearing. However, the judge may have to dismiss the case or schedule the hearing at another time. NOTE: THE TERM «CHILD SUPPORT» INCLUDES CHILD SUPPORT, CHILD CARE COSTS AND HEALTH CARE COSTS.
You must complete this document. For more information on how to complete the affidavit and the application for warrant and obligation to issue (CD 6:5.32a), see instructions for completing the affidavit and application. What happens after notifying the other party You can obtain an up-to-date certified copy by requesting it from the Clerk`s Office… .