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Louisiana Amended Petition for Contempt for Nonpayment of Child Support Payments

State:
Louisiana
Control #:
LA-5041
Format:
Word; 
Rich Text
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What this document covers

The Amended Petition for Contempt for Nonpayment of Child Support Payments is a legal document used to request the court's intervention when a parent fails to pay child support as previously ordered. This form is specifically tailored for situations where the petitioner has already initiated contempt proceedings but needs to amend the petition to address additional nonpayment issues or include additional respondents. Unlike a standard petition, this version highlights the petitioner's financial inability to cover legal costs, allowing them to seek court relief without upfront expenses.

What’s included in this form

  • Identification of the petitioner and respondent, including their names and contact information.
  • Details of the initial child support order, including the amount owed and timeline of payments.
  • A declaration of the petitioner's financial status, allowing prosecution without cost.
  • A request for the court to issue an order for the respondent to show cause for their nonpayment.
  • Signature and contact information of the petitioner's attorney.
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When to use this form

This form should be used when a parent has not received the court-ordered child support payments and wants to seek legal enforcement through contempt proceedings. It is particularly relevant for those whose financial situations have changed or worsened, preventing them from pursuing these matters without seeking a waiver of costs. If the original petition has been filed but there are new developments or respondents to include, this amended petition is appropriate.

Who should use this form

  • Parents or legal guardians seeking to enforce child support payments.
  • Petitioners who need to amend their original filings to reflect additional nonpaying parties.
  • Individuals who have been granted legal assistance to pursue action without financial burden.

Instructions for completing this form

  • Begin by filling in the names of the petitioner and respondent along with their respective addresses.
  • Specify the original child support order date and the total amount currently owed.
  • Include a statement describing your financial situation and request for waiver of costs.
  • Indicate the reasons for amending the original petition and any new respondents to be included.
  • Sign the petition and provide your attorney’s contact information, if applicable.

Is notarization required?

Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.

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Mistakes to watch out for

  • Failing to include all necessary parties in the amended petition.
  • Not providing accurate financial information to support the request for cost waiver.
  • Missing signatures or contact information, which can lead to delays in the process.
  • Neglecting to clearly state the amount owed in child support.

Benefits of completing this form online

  • Convenience of accessing the form from home without needing to visit a legal office.
  • Editability allows you to customize the form to fit your specific situation accurately.
  • Reliability of templates drafted by licensed attorneys, ensuring legal compliance.

Main things to remember

  • The Amended Petition for Contempt allows for updates to previous child support enforcement filings.
  • Financial hardship can qualify you for waiving court costs, making legal action more accessible.
  • Ensure all required information is included and correctly stated to avoid delays.

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FAQ

Except as otherwise provided in this Article, a court may punish a person adjudged guilty of contempt of court in connection with a criminal proceeding by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.

Depending on the infraction, contempt of court consequences can include fines, compensatory visitation, a modification to the custody arrangement, and in some instances even jail time. In most cases, if someone is held in contempt, the court will first give them the opportunity to make amends for the violation.

To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.

To stay out of jail, go to the contempt of court hearing prepared to show that you have not deliberately disobeyed the court's order to pay child support. You may have to convince the judge that you're not as irresponsible as it appears. Preparing evidence is a must. Your first step is to show why you didn't pay.

To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

When you lose your job the legal obligation to pay child support does not stop it will not go away. If there are arrears of payment of child support the amount of the arrears is not waived. Becoming a bankrupt does not extinguish the arrears the debt survives the bankruptcy.

If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine.

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Louisiana Amended Petition for Contempt for Nonpayment of Child Support Payments