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.
Oklahoma Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
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Modifying a Sole or Joint Custody Order The court will look for evidence that demonstrates why a change in sole custody would be in the child's best interest. To modify a joint custody order, either parent must show that he/she cannot collaborate with the child's other parent.
Unless otherwise provided for by law, punishment for direct or indirect contempt shall be by the imposition of a fine in a sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail not exceeding six (6) months, or by both, at the discretion of the court. 3.
Fee Schedule ItemFeeMotion to modify or vacate judgment$86.64Application for Contempt Citation$76.64Divorce$262.14
Contempt of Court The local district attorney may also file a motion on behalf of the state to bring the delinquent parent before the court and ask for a contempt finding - this proceeding is also used to encourage the parent to pay the overdue support. A contempt finding can result in fines and jail time.
The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.
Direct contempts involve disruptive conduct in the presence of the court, while indirect contempts involve disobeying or resisting execution of court orders or process outside of the court's presence. Direct contempts may be summarily punished and there is no right to jury trial for a direct contempt.
Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations. The defendant responds by filing an answer. The answer may contain defenses against the contempt action.
Small Claims Type of ClaimFiling FeeForcible Entry and Detainer (FED or eviction) less than $5,000.$58 plus serviceForcible Entry and Detainer (FED or eviction) greater than $5,000.$144.14 plus serviceIndebtedness less than $5,000.$58 plus serviceIndebtedness greater than $5,000.$209.14 plus service