Indiana Family Law - Modification - Contempt Questionnaire

State:
Multi-State
Control #:
US-Q1016
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of parties in a modification of domestic relations order or contempt matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire

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FAQ

Per Indiana Code 34-47-3-6(c), the possible punishments for being found in contempt of court for parenting time violations in Indiana include fines, imprisonment, or a combination of both fines and imprisonment.

Criminal Law and Procedure § 35-42-3-4. (2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana; commits interference with custody, a Level 6 felony.

Common situations include allegations of physical or mental abuse, significant changes in the financial situation of the custodial parent, health issues of the parent or child, a contention that the home environment provided by the custodial parent is unsafe, or the relocation of the custodial parent.

The first time that a parent receives a contempt citation, the Child Support Division asks the parent to sign an Agreed Order, which orders him or her to appear in court each week in which support is not paid. If the parent fails to comply with the Agreed Order, the parent may face up to 180 days of incarceration.

The 6% rule provides ordinary uninsured health care expenses are paid by the parent assigned to pay them, generally the noncustodial parent, of up to 6% of any child support obligation.

Standard of proof: The evidence must show that contemnor acted with willful and intentional disobedience. Defendant is required to answer Rule to Show Cause. If defendant fails to appear or refuses to answer, trial court may proceed to attach and punish defendant for contempt.

There is no cost associated with filing contempt actions.

If a parent doesn't have the income or stability to provide a safe, secure home for their children, they may not be fit to have custody. Unemployment, homelessness, and lifestyle issues such as substance abuse or gambling addictions could lead to this type of situation. Physical health issues.

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Indiana Family Law - Modification - Contempt Questionnaire