The most common remedy available for the enforcement of decrees in divorce proceedings is the initiation of contempt proceedings. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Indiana Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
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FAQ
While there are numerous options available to a court are, typical contempt citations include monetary penalties, payment of attorney's fees for the other side, and even potential jail time. The primary purpose of contempt is to coerce the other party into action for the benefit of the aggrieved party.
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief.
In order to find an individual in contempt, a court must be able to determine that the party in question acted in willful disobedience of the court's order. If an individual has to seek court intervention, a motion explaining the circumstances must be filed with the court and a hearing would be requested.
Per Indiana Code 31-17-4-8, if the custodial parent unjustifiably violates the injunction or restraining order the court may then issue an order holding the custodial parent in contempt; requiring them to do community service; and/or requiring them to pay the non-custodial parent's attorney's fees.
The order to show cause must direct the time within which the order must be served on the defendant and set forth the date, time, and place for the hearing, which may take place no earlier than five (5) business days after the date of service on the defendant.
Rule to Show Cause is required. Requires appointment of special judge. Rights advisement; ? When indigent, court-appointed counsel; ? A sentence exceeding six months invokes the right to trial by jury. Standard of proof: The evidence must show that contemnor acted with willful and intentional disobedience.