A Motion for Contempt is a charge filed in court when the Obligor fails to pay his/her monthly obligation for child support.
Obligor must be at least 30 days in Default (must owe at least one month’s obligation)
CSEA is unable to locate any valid employment or attachable income source for the Obligor
- Obligee requests enforcement on his/her case and/or Obligor shows up on default list.
- Caseworker begins enforcement process by attempting to locate employment and sending Obligor a warning letter.
- Address verification is obtained from the United States Postal Service which is a requirement for the Motion process to be completed.
- Amount due on Support Order is calculated.
- Motion packet is completed and forwarded to Attorney for review and possible filing with the Court.
- Parties of the case are notified via certified mail or personal service of the hearing date, time and location by the Court.
The process is relatively the same in both Domestic and Juvenile Courts. The time frame varies depending on the availability of the court dockets.
The party requesting enforcement must attend the Motion Hearing or risk the action being dismissed.
What happens after the Motion for Contempt hearing:
If the Obligor was found in contempt during the motion for contempt hearing, the case is then set for a sentencing hearing and monitored to see if the Obligor has fulfilled the court’s requirements. The Obligor must be in compliance at the time of the sentencing hearing. At the time of the sentencing hearing, the court will render a decision based on the Obligor’s level of compliance.
**Please be advised that although the Obligor may file bankruptcy, this does not excuse his/her child support obligation including arrears, and enforcement can begin once the bankruptcy action has been discharged through the court.
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