NJSBA Family Law Section

 View Only

  • 1.  Contempt

    Posted 08-31-2015 09:39 AM

    Hi, all, 

    This is my first. Anyone have a sample contempt OTSC for non-payment of child support I can use for reference?

    Thanks,


    ------------------------------
    Aleksandra Gontaryuk Esq.
    Metuchen NJ
    (908)336-7550
    ------------------------------



  • 2.  RE: Contempt

    Posted 08-31-2015 01:18 PM


    This is not an Order To Show Cause type of matter. The standard for OTSC is immediate and irreparable harm. Nonpayment of support *generally* does not meet this standard. I think you probably would be best served by filing an Application (if it's an FD) or a Motion (if it's an FM, FV) for Enforcement of Litigant's Rights.


    ------------------------------
    Kristin Lis Esq.
    Folsom NJ
    (609)254-9461
    ------------------------------


    Original Message


  • 3.  RE: Contempt

    Posted 08-31-2015 01:24 PM
    Thanks for the swift response, I really appreciate it. Through some more
    research, I arrived at the same conclusion.

    On Mon, Aug 31, 2015 at 1:18 PM Kristin Lis via New Jersey State Bar


    Original Message


  • 4.  RE: Contempt

    Posted 09-01-2015 02:14 PM

    Welcome Aleksandra  -

    If the judge that the case is before will generally convert an OSC to a motion, no harm in filing it that way - judge may give it a slightly quicker return date but, as others said and you say you've seen - generally failure to pay isn't emergent (rare exceptions like power about to be shut off can be an exception). Some judges will deny an OSC rather than converting it to a motion, so be sure - otherwise you wasted time and $50 filing fee.

    Here's a sample enforcement motion (public info document since it was filed, no privacy issue): http://www.dpdlaw.com/Volk_Motion.pdf and http://www.dpdlaw.com/Volk_Order.pdf  - remember, (1) attach a copy of the order you're seeking to enforce, (2) credibly allege an ability to comply, (3) include certification of services in support on counsel fee award.


    ------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    www.FamilyLawNJ.pro
    Voice: 609-737-2222
    Fax: 609-737-3222
    ------------------------------



  • 5.  RE: Contempt

    Posted 09-01-2015 06:35 PM
    Thanks for all of the info, it was very helpful! Much appreciated.

    On Tue, Sep 1, 2015 at 2:14 PM David Perry Davis via New Jersey State Bar


    Original Message