You’re in Contempt of Court! How Not to Get Thrown in Jail by Your Divorce Judge
There are some matters that can't be included in a prenuptial agreement like child custody and child support agreements. Otherwise, the parties can create an agreement that outlines matters like separate property, distribution of the assets and spousal support in the event of a divorce.
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When the parties enter into this kind of agreement after they get married, it's a postnuptial agreement. Parenting time is one of the most deliberated and emotional areas of family law.
Contempt and Show Cause Motions
When it comes to custody of the child, most states base their decisions around the best interests of the child. The court takes into account which parent has the greater relationship with the child, whether or not each parent can provide a stable home environment for the child, and whether either parent has a history of substance abuse or a criminal background. If a parenting plan can be established by the parents, the court will usually follow this agreement. However, if the parents cannot agree, the family lawyers at Stange Law Firm, PC will present evidence to the court regarding the child's best interests.
This might involve presenting school records, testimony of a psychologist or substance abuse counselor, criminal records and even medical records. Our attorneys will work to gather the necessary evidence, while also ensuring to consider the rules of evidence that are applicable in the particular local jurisdiction.
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Parental responsibilities involves who makes major decisions about the child. Parenting time can be shared between the parties, or the court may award more parenting time to one of the parents. It is imperative that family lawyers understand how the courts determine custody related issues such as parenting time and allocation of parental responsibilities in their jurisdiction because rules between states can vary slightly. The family lawyers at Stange Law Firm, PC help their clients understand the law and form realistic expectations so that they can make wise decisions as their case moves forward.
Children have the right to support from both of their parents. The purpose of child support is to provide the child financial resources as if their parents lived under one roof, although it is common in most child support matters that the child's parents live in separate households.
How to File a Motion for Contempt
Each state has their own respective formula for calculating proper child support amounts. Most of these formulas factor in each parent's income, the allowable tax deductions and other expenses, a child's health insurance expenses, and whether they have child care needs. Certain states also factor in how much time each parent spends with the child, although this is not common practice by all states. The family lawyers at Stange Law Firm, PC work with their clients to ensure the child support is fairly and accurately calculated.
If the other parents attempts to hide income, or is unemployed by choice, an experienced family attorney can assist their client in showing the entire situation. A family lawyer also reviews the calculations made by the court to ensure that no errors were made that could result in an unfair and inaccurate calculation of child support.
Chicago Attorneys Handling a Failure to Pay Child Support
Another sensitive area of family law practice involves abuse and neglect. If the state is under the assumption that a parent is not able to properly care for a child, they may choose to begin abuse and neglect proceedings. The state may represent a parent that is accused of abuse or neglects, or they might even represent a child. When family lawyers represent clients in abuse and neglect proceedings, they are working to help defend their client against the reports of abuse or neglect, or they are helping their clients regain custody of their children by assisting them in complying with services and other requirements.
Contempt of Court as a Tool To Enforce Divorce Decrees | DiPietro
Because the standard for terminating parental rights is high, family lawyers work hard to advocate for their clients in a situation where the state is seeking to terminate those rights. Contact us online or by phone to schedule a consultation at any of our convenient locations, including:. Click to learn more about this location. Please enter a valid e-mail address. Please enter a valid phone number. Please verify that you have read the disclaimer. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
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Call us now toll free: If that requires incarceration, then the contemnor must be given the keys to the jail cell. The keys are the purge.
When the contemnor purges, he or she is released from jail. If the purpose of the contempt is punishment for violating a court order, that is criminal contempt and all the constitutional rights of a criminal defendant apply. Make certain that the goal to be achieved is clear before the petition is filed and before any finding is made. Login to post comments. Skip to main content.