South Carolina Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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US-02228BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



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FAQ

Spouses do not need an Order of Separate Maintenance and Support to live separately, but it can help the spouses protect their financial interests and resolve visitation and custody issues during the separation period.

Pursuant to South Carolina Children's Code Title 63-15-60 (B), ?If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.? In order to qualify as a de facto custodian, the non-parent must prove to the Court by clear and convincing evidence ...

Upon conviction, the person must be: (1) fined not more than one-half of the maximum fine allowed for committing the [underlying] violation, when the person is fined for that offense; (2) imprisoned not more than one-half of the maximum term of imprisonment allowed for committing the [underlying] violation.

Judges feel that children are best off when they are reminded regularly that they have two parents, both of whom care about them. A judge usually will not deny or restrict a parent's right to reasonable visitation unless he finds that the visitation is bad for a child's physical, mental, moral or emotional health.

SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.

Admissible Evidence However, South Carolina Family Court Rule 7 specifically allows five certain documents to be admitted into evidence without completely abiding by the traditional evidentiary requirement that a person issuing the statement be there to authenticate it.

South Carolina does not have an unattended child law. There is no certain age where a child can be left alone. However, there is non-binding guidance that a child should never be left alone until they are at least 9 years-old.

What is Considered an Unfit Parent in SC? Unable to respond to their child's needs. ... Unable to set age-appropriate limits. ... Unable to take care of the child. ... Child abuser. ... Unwillingness to compromise or cooperate with the other parent. ... Showing abusiveness towards the other parent. ... Abuse of drugs or alcohol.

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South Carolina Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support