Contempt is a power of the court that it uses to enforce its own orders. When you are hurt by your spouse’s disregard of a court order, one solution is to prove your spouse in contempt.
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Take Action -- How to File a Complaint Step-by-Step
A court ruling that your spouse is in contempt has considerably more impact than an award of attorney’s fees. A person who is not receiving child support, alimony or any other provision of an order by the court has the right to file a Complaint for Contempt to enforce the judge’s order. The person who files the Complaint for Contempt is called the plaintiff and the other party is called the defendant.
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If you are the one who’s the moving party (plaintiff), here are the steps you’ll need to take:
1. Review the court order to see exactly what the other party was ordered to do.
2. If possible, contact the other party to see if you can resolve your dispute.
3. Representing yourself is not a wise move…consult with and obtain an attorney.
4. Work with your attorney in filing a Complaint for Contempt.
5. Have a copy of the complaint, along with a summons to court, served on the defendant.
6. With your attorney, prepare for your hearing. Gather and organize all the documents that you have to support your claim.
7. File, then exchange copies, of financial statements with the other party.
8. Have your attorney clearly state to the judge what remedy you are seeking.
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At the Court Hearing
The goal is to show that the defendant has made a willful and intentional violation of a clear and unambiguous order. If they claim how they lost a job, had changes that make it almost impossible to follow the order, they should have filed a Complaint for Modification.
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