1.  What Happens

The case is reopened when a party does not comply with a court order.

What orders are included?

• Alimony / Spousal support payments
• Child support payments
• Something else the court ordered a party to do

2.  Can you File?

When Can You File?

 

• You have money or other orders issued by the court.
• One person is not complying with the orders.

 

These are the qualifications to give the Court jurisdiction.

 

Who Can File?

 

The party who wants the court to order contempt against the person violating the order.

 

These are the qualifications to give someone standing.

 

3.  Terms

Motion and Affidavit for Citation for Contempt of Court

 

The formal legal name for this type of request.

 

Contempt of Court

A court finding of a violation or not complying with a court order.

Jurisdiction

 

The legal qualifications needed for a Court to be able to help you.

 

Standing

 

The legal qualifications needed for a person to start or reopen a case.

 

Mediation

A neutral person helps parties reach an agreement.

4. Mediation

You can try this option before or instead of filing a contempt motion.

Why?

• Contempt motions are very complicated
• You don't need an attorney for mediation
• It is an informal process
• Can be faster and less expensive
• Reach an agreement without Court

   Find a Mediator

5. Verified Entry of Support Judgment

**This option is only available if support has been ordered but not paid. Support means child support or spousal support (alimony).**

Step 1: Complete Forms

• Complete form Verified Entry of Support Judgment

Verified Entry of Support Judgment - JDF 1813

PDF    |    WORD

• On this form tell the court
  • what payments the court ordered,
  • what payments have not been made, and
  • what is now owed
• You will swear the information on the form is correct.
• You are entitled to interest:
  • 12% for child support
  • 8% for spousal support (alimony)
  • interest continues to add until money is paid in full

 

Step 2: File and mail to other party

• File the form Verified Entry of Support Judgement with the court.
• Mail the other party a copy of the form.

Step 3: Judgment entered by court

• You will receive a Transcript of Judgment from the court.
• You must record it with the County Clerk and Recorder.
  • can be at any county where the other party lives or owns property
• After judgment is recorded, a lien will be placed on the party's property for the amount of the judgment.
  • A lien gives you a right to receive that money when the property is sold.

6.  Be Kind

Do No Harm

 

Avoid Emotional Harm -- If there are kids

• Don't talk badly about the other parent in front of the kids.
• Don't harm the children's relationship with the other parent.

 

Decision Making

• Intense emotions can cloud your thought process.
• When emotions take over, it takes 20 to 30 minutes to calm down.
  • Take that time before making choices.  Or,
  • Wait until the next day to make a legal decision.
• With a calm mind, you can make decisions that are right for your family.

 

A Time of Stress

 

Find productive ways to manage your:

 

Stress

• Get organized
• Eat well
• Get rest, and
• Exercise.

 

Emotions

• Develop a support system of adults.
• Find positive ways to deal with tough emotions.

 

Disappointment

• You won't get everything you want.
• Get legal help, if possible, to make realistic requests.
• See that the Court has to make difficult decisions.
• Find ways to express your emotions that do not harm your family.