Fill and Sign the Common Cause of Mississippi V Smith 548 so 2d 412casetext Form

IN THE CHANCERY COURT OF ___________ COUNTY, MISSISSIPPI ___________________________VS. CIVIL ACTION NO. ______________________________________ COMPLAINT FOR CITATION OF CONTEMPT COMES NOW __________________________ and _______________________ and files this his/her Complaint For Citation Of Contempt against the Defendant, ______________________________, and in support thereof the Plaintiff would respectfully show the following as his/her cause of action against the Defendant, to-wit: PARTIES 1.The Plaintiff is __________________________, who was formerly known as and is one in the same person as ________________________. The Plaintiff is an adult non-resident of the State of Mississippi, whose post office address or street address is ____________________, ___________________________, _________________________, ____________.2.The Defendant is _________________________ who is an adult resident citizen of ____________ County, Mississippi, and whose address is _______________________________, ____________________, Mississippi _________. COUNT I 3. The Plaintiff and the Defendant were formerly married to each other, but their marriage was dissolved by that certain Decree of Divorce rendered on _______________ _____, ______ by the Chancery Court of _______________ County, _________________, in Case No. _______________ upon the docket thereof. A true and correct of said Decree of Divorce is annexed hereto as Exhibit "A" and is incorporated herein by reference as if copied in full. A true and correct copy of said Decree of Divorce, duly authenticated according to the Acts of Congress, will be presented to this Court and offered into evidence at the hearing upon his/her Complaint For Citation Of Contempt. Said Decree of Divorce is valid and enforceable in all respects and is entitled to full faith and credit by this Court.4.________ and only _______ children, born of the marriage between Plaintiff and Defendant, were living at the time of the entry of said Decree of Divorce (Exhibit "A" hereto), namely: _____________________________, a son/daughter born ____________ _______, _____ and _________________________, a son/daughter born _______________ _____, _____. 5.Pursuant to that certain judgment of the _______________ Judicial District Court of ____________ Parish, Louisiana, dated ________ ______, _____, and rendered in case No. _______, upon the docket thereof, the legal name of ___________________, a minor, was changed to ______________ and the legal name of ____________________, a minor, was changed to _____________________. However the Defendant's parental rights as the mother/father of said minor children were in no wise terminated by and they continue to remain in full force and effect following the rendition of said judgment. A true and correct copy of said Judgment of name change is annexed hereto as Exhibit "B" and is incorporated herein by reference as if copied in full. A true and correct copy of said Judgment of name change, duly authenticated according to the Acts of Congress, will be presented to this Court and offered into evidence at the hearing upon this Complaint for Citation for Contempt.6.Pursuant to the terms and provisions of said Decree of Divorce (Exhibit “A” hereto), the Plaintiff was awarded the permanent care, custody and control of said two minor children born of the marriage, and the Defendant was ordered both to pay to Plaintiff the sum of $_______________ per month, beginning _____________ __________, _____, as child support for the necessary support and maintenance of said two minor children, and to maintain major medical and dental insurance for the benefit of the two said minor children.7.Despite having full knowledge of the existence of said Decree of Divorce (Exhibit "A" hereto) and of its mandate requiring him/her both to pay to the Plaintiff the sum of $___________ per month as child support and to maintain major medical and dental insurance for the benefit of said minor children and being at all times financially able in all respects to pay such child support and to maintain such major medical and dental insurance; nevertheless, the Defendant has willfully, obstinately, and contumaciously failed and refused either to pay any child support whatsoever to the Plaintiff since ____________, _____, except for one $___________ payment made in ____________, _____, or to maintain such major medical and dental insurance or, in the alternative, to submit the medical and dental bills incurred by said children to his insurance carrier for payment.8.The Defendant is in arrears in the payment of such court ordered child support and is justly indebted to the Plaintiff for such arrearage in the total sum of $____________, inclusive of interest upon each past due installment thereof at the ____________ legal rate of _____% per annum. The Plaintiff's statement of her computation of such arrearage and interest thereon is annexed hereto as Exhibit "C" and is incorporated herein by reference as if copied in full.9.Although the Plaintiff has timely submitted all medical and dental bills incurred by the children to the Defendant for submission by him/her to his/her insurance carrier for payment; nevertheless, either by failing to maintain such major medical and dental insurance for the benefit of the said two minor children or by failing to submit the children's medical and dental bills to his/her insurance carrier for payment, the Defendant has defaulted and is in arrears in the payment of the reasonable and necessary medical arid dental expenses incurred by said minor children. With respect to ____________________, the Defendant has wholly failed and refused to pay the following reasonable and necessary medical and dental expenses incurred by said minor child: (a) bill of _______________ DDS, and ______________ DDS, d/b/a ____________ dated _________ ______, ______, in the amount of $_______; (b) bill of _______ DMD, dated ___________ _____, _____, in the amount of $__________; (c) bill of _________ DDS, dated ________ _________, ___________, In the amount of $__________; and (d) bill of __________, MD, dated __________ ______, ________, in the amount of $_________; for a grand total of $___________. With respect to ______________________, the Defendant has wholly failed and refused to pay the following reasonable and necessary medical and dental expenses incurred by said minor children. Accordingly the Defendant is in arrears in the payment of such court ordered medical and dental expenses of said minor children and is justly indebted to the Plaintiff for such arrearage In the total sum of $___________. 10. As the direct, proximate result of the Defendant's failure to pay such child support arid such medical and dental expenses, the Plaintiff and his/her two said minor children have been injured. Of necessity, the Plaintiff has been required solely to provide all of the support and maintenance for said minor children, and as a result thereof both the Plaintiff and said minor children have been forced to do without other necessary support, that would have otherwise been available to them had the Defendant paid his/her court ordered child support and medical and dental expenses for said minor children.11.The Defendant is and should be found and held to be in willful contempt of the Chancery Court of ______________ County, ____; and for his/her willful contempt of that Court's Decree of Divorce (Exhibit "A" hereto), this Court has and should exercise its inherent and established power to punish the Defendant for such contempt of court.12.The Defendant should be punished for such willful, obstinate and contumacious contempt of court in whatever way this Court deems to be meet and appropriate under the circumstances, including but not limited to: (a) the entry of a Judgment against the Defendant for the full sum found to be due arid owing by him/her to Plaintiff in past due child support payments and medical and dental expenses, including interest on each past due installment thereof at the ______________ legal rate of __________% per annum from and after ____________ ______, _____, and (b) the incarceration of Defendant in the _____________ County Jail until such time as he/she shall purge himself/herself of such willful contempt of court by payment in full of all such sums found to be due and owing by him/her to Plaintiff in past due child support payments and medical and dental expenses under arid pursuant to the terms and provisions of said ________________ Decree of Divorce (Exhibit "A" hereto). COUNT II 13. The Plaintiff hereby incorporates and realleges all of the allegations set' forth in paragraphs 1 - 12 of this Complaint.14.Due to the Defendant's willful, obstinate and contumacious failure and refusal to pay the child support ordered by the Chancery Court of _____________ County, _____________, in its Decree of Divorce dated __________________ (Exhibit "A" hereto), the Plaintiff was forced to initiate in the State of ___________________ an action under the Uniform Reciprocal Enforcement Of Support Act, and which Action was forwarded to this Court, being case No. __________ upon the docket hereof, for appropriate further proceedings and final adjudication. Upon final hearing upon the merits of said U.R.E.S.A. Action, the Court rendered a Judgment dated ____________ _____, _____, against the Defendant, and which judgment found that the Defendant owed a duty of support to his/her two above named minor children arid ordered the Defendant to pay to Plaintiff the sum of $___________ per month, commencing ______________ _____, _______, as child support for the necessary support and maintenance of said two minor children; and said Judgment further directed that all such child support payments were to be paid through the _________________ County Department of human Services, P. 0. Box ___________, _________________, Mississippi _______ and then forwarded to the Support Enforcement Office, P. 0. Box ___________, _______________, ___________ ____________. A true and correct copy of this Court's said Judgment is annexed hereto as Exhibit “D” and is incorporated herein by reference as if copied In full. 15.Despite having full knowledge of the existence of this Court's said Judgment (Exhibit “D” hereto) requiring him/her to pay $____________ per month as child support to the Plaintiff and being at all times financially able in all respects to pay such child support; nevertheless, the Defendant has willfully, obstinately, and contumaciously failed arid refused since the date of such Judgment to pay any child support whatsoever, either to the Plaintiff or to the __________________ County Department of Human Services for delivery to the Plaintiff.16.The Defendant is in arrears in the payment of the child support ordered by this Court arid is justly indebted to the Plaintiff for such arrearage in the total sum of $____________, inclusive of interest upon each past due installment thereof at the Mississippi legal rate of _______% per annum. The Plaintiff's statement of his/her computation of such arrearage and interest thereon is annexed hereto as Exhibit "E" and is incorporated herein by reference as if copied in full. The principal indebtedness reflected upon Exhibit "E" is a part of the same principal indebtedness as is reflected upon Exhibit "C"; the only difference being that the Interest upon the Mississippi Judgment (Exhibit "I" hereto) is computed at the Mississippi legal rate of _____% per annum, while the interest upon the ___________________ Decree of Divorce is computed at the _______________ legal rate of _______% per annum.17.As the direct, proximate result of the Defendant's failure to pay such child support, the Plaintiff and his/her two said minor children have been injured. Of necessity, the Plaintiff has been required solely to provide all of the support and maintenance for said minor children, and as a result thereof both the Plaintiff and said minor children have been forced to do without other necessary support, that would have otherwise been available to them had the Defendant paid his/her court ordered child support.18.The Defendant is arid should be found and held to be in willful contempt of this Court for his/her willful, obstinate arid contumacious failure and refusal to pay any of the child support as ordered by this Court to be paid by Defendant to Plaintiff. This Court has and should exercise its inherent and established power to punish the Defendant for his/her willful contempt of this Court.19. The Defendant should be punished for his/her willful, obstinate arid contumacious contempt of tills: Court in whatever was this Court deems to be mete and appropriate under the circumstances, including but not limited to: (a) the entry of a Judgment against the Defendant for the full sum found to be due and owing by him/her in past due child support payments to the Plaintiff, including interest on each past due installment thereof at the Mississippi legal rate of ______% per annum from and after _____________ ________, _____, and (I)) the incarceration of Defendant in the _______________ County Jail until such time as he/she shall purge himself of his/her willful contempt of this court by payment in full of all such sums found to be due and owing by him/her to Plaintiff under and pursuant to the terms and provisions of this Court's said Judgment. (Exhibit "D" hereto). COUNT III 20. The Plaintiff hereby incorporates and realleges all of the allegations set forth in paragraphs 1 - 19 of this Complaint.21. Due to the Defendant's willful, obstinate and contumacious failure and refusal to pay the child support and to maintain the medical and dental insurance as ordered by the Chancery Court of _____________ County, _________________, in its Decree of Divorce dated ____________ _______, _______ (Exhibit "A" hereto) or to pay the child support ordered by this Court in its Judgment dated ____________ ______, ______ (Exhibit "D" hereto), the Plaintiff was forced to initiate an action in The Family Court of ____________________, ____________ to establish the Defendant's child support arrearage and for contempt, being case No. ___________, Division B, upon the docket thereof. Upon final hearing upon the merits of said action, The Family Court of ___________________, ______________ rendered a Judgment on _____________ _______, _________, signed on _____________ _______, _____, against the Defendant, and which Judgment awarded unto the Plaintiff the sum of $__________ for child support arrearages through _____________ ______, _____, awarded unto the Plaintiff the sum of $_______ for past due medical and dental bills for the two said minor children, held the Defendant in contempt of court for his/her contumacious conduct in not paying such child support or medical and dental expenses when due and for not appearing before said court at the hearing on the Rule for Contempt on __________ _______, _____, and ordered the Defendant to appear on _______________ _______, ________ for sentencing upon such finding of contempt. A true and correct copy of said ______________ Judgment is annexed hereto as Exhibit "F" and is incorporated herein by reference as if copied in full. A true and correct copy of said Judgment, dilly authenticated according to the Acts of Congress, will be presented to this Court and offered into evidence at the hearing upon this Complaint For Citation Of Contempt. Said _____________ Judgment is valid and enforceable in all respects and is entitled to full faith and credit by this Court.22.Despite having full knowledge of the existence of said ______________ Judgment (Exhibit "F" hereto) and its mandate requiring the Defendant to pay to the Plaintiff the sum of $_______ in child support arrearages and the sum of $___________ for past due medical and dental bills incurred by the two said minor children, and being at all times financially able in all respects to pay such child support arrearage and past due medical and dental bills; nevertheless, the Defendant has willfully, obstinately and contumaciously failed and refused to pay any sums whatsoever to the Plaintiff since the date of said _____________ Judgment, and the Defendant has willfully, obstinately and contumaciously failed and refused to appear before said Louisiana Court for sentencing ______________ such finding of contempt. 23.The Defendant has refused to pay any part of said ______________ Judgment and is justly indebted to the Plaintiff in the total sum thereof, together with interest thereon at the __________________ legal rate of ____% per annum during the year _____ and at the _______________ legal rate of ____% per annum during the year _____. $_______ of said _____________ Judgment (Exhibit "F" hereto) is for the Defendant's arrearage in child support payments and as such sum is already included in Exhibits "C" and "E", respectively, the Plaintiff's statement of his/her computation of Defendant' indebtedness to Plaintiff upon the unpaid $__________ portion of ______________ Judgment for past due medical and dental bills for the two said minor children, together with interest thereon at the ____________ legal rate of _____% per annum during the year _____ and the ____________ legal rate of _____% per annum during the year _____, annexed hereto as Exhibit “G” and is incorporated herein reference as if copied in full. As reflected upon Exhibit "G", Defendant is in arrears in the payment of the $______ portion said ____________ Judgment for unpaid medical and dental expenses the total sum of $_______, inclusive of interest thereon at ____________ legal rates of _____% and _____% per annum' during the years _____ and _____ respectively.24.As the direct, proximate result of the Defendant's failure to pay such medical and dental expenses, the Plaintiff and his/her two said minor children have been injured. Of necessity, the Plaintiff has been required solely to provide and pay for all of the necessary support and medical and dental expenses incurred by said minor children, and as a result thereof both the Plaintiff and said minor children have been forced to do without other necessary support, that would have otherwise been available to them had the Defendant paid said ______________ Judgment.25.The Defendant is and should be found and held to be in willful contempt of The Family Court of _______________, _______________; and for his/her willful contempt of that Court's Judgment (Exhibit "F" hereto), this Court has and should exercise its interest and established power to punish the Defendant for such contempt of court. 26.The Defendant should be punished for such willful, obstinate and contumacious contempt of court in whatever way this Court deems to be mete and appropriate under the circumstances, including but not limited to: (a) the entry of a Judgment against the Defendant for the full sum found to be due and owing by him/her for past due medical and dental bills to the Plaintiff, including interest thereon at the ______________ legal rate of ____% and ______% per annum for the years _______ and ________ respectively; and (b) the incarceration of Defendant in the ____________ County Jail until such time as he/she shall purge himself of such willful contempt of court by payment in full of all such sums found to be due and owing by him/her to Plaintiff for past due medical and dental bills of said minor children, under arid pursuant to the terms and provisions of said _________________ Judgment (Exhibit “F” hereto). COUNT IV 27.The Plaintiff hereby incorporates and realleges the allegations set forth in paragraphs 1 - 26 of this Complaint. 28.Due to the Defendant's total disregard of and his/her willful, obstinate and contumacious failure arid refusal to pay the child support and maintain the medical and dental insurance as ordered by the ____________ Court or to pay the child support as ordered by this Court or to pay the past due medical arid dental bills as ordered by the ___________ Court, the plaintiff has been compelled by the Defendant's actions to employ an attorney to represent him/her and to institute and prosecute this Complaint for Citation of Contempt. The plaintiff has thereby incurred and will continue to incur reasonable and necessary attorney fees for such legal services rendered on his/her behalf in connection with this action in equity and good conscience the Defendant should be required to pay all such reasonable and necessary attorney fees incurred by the Plaintiff in this action. RELIEF REQUESTED WHEREFORE, PREMISES CONSIDERED, plaintiff requests that this Court will find this Complaint for Citation of Contempt to be sufficient and will grant a Rule under which a citation for contempt will be issued by the Clerk of this Court to the Defendant, as the alleged contemnor, to be and appear before this Court at tile time and place as fixed In tile Rule to show cause why he/she should not be adjudged In contempt; and that upon such final hearing this Court will grant the following relief:(a)That the Defendant be found and adjudged to be in willful contempt of court for his willful, obstinate and contumacious failure and refusal to do and perform the following acts as ordered by the Courts of _____________, Mississippi and ______________, as follows:(1) Since _____________, _____________ to pay to Plaintiff any of the child support as ordered by the Chancery Court of _____________ County, _____________ in its Decree of Divorce dated _____________ _____________, _____________ (Exhibit "A" hereto), except for one $_____________ installment thereof paid in _____________, _____________, or to maintain said medical and dental insurance for the benefit of the minor children or, in the alternative, to submit the children’s medical and dental bills to his/her insurance carrier for payment; (2) to pay to plaintiff any of the child support as ordered by this Court in its Judgment dated _____________ _____________, _____________ (Exhibit "D" hereto); and (3) to pay to Plaintiff any part of the medical and dental expenses as ordered by The Family Court of _____________, _____________ in its Judgment dated _____________ _____________, _____________ (Exhibit "F" hereto).(b)That Judgment be rendered against the Defendant and in favor of the plaintiff in the total sum as may be determined by this Court to be due and owed to the Plaintiff by Defendant in unpaid child support and medical and dental bills, together with interest thereon at the _____________ legal rate for unpaid child support and at the _____________ legal rate for unpaid medical and dental bills;(c)That this Court will order the Defendant to pay all the reasonable and necessary attorney fees incurred by Plaintiff in connection with the institution and prosecution of this action, and that the amount of plaintiff's reasonable attorney fees as fixed by the Court will be added to and included in the amount of any judgment rendered in this action against the Defendant; (d)That this Court will order that tile custody of the Defendant be awarded to the Sheriff of _____________ County, Mississippi, and that the Defendant be by him/her incarcerated in the _____________ County Jail until such time as the Defendant shall purge himself of his contempts of each of said courts by payment in full of all sums found to be due and owed by Defendant to Plaintiff;(e) That this Court will require the Defendant to make and enter into a good and valid performance bond with sufficient surety to assure the payment of all future child support payments to accrue under and by virtue of both the _____________ Decree of Divorce (Exhibit "A" hereto) and the Mississippi Judgment (Exhibit "D" hereto);(f) That this Court will order the Defendant to make and enter into a good and valid ne exiat bond with sufficient surety to prevent the Defendant from fleeing the jurisdiction of this Court and to assure that the Defendant will be and remain amenable to the process of this Court for the rendition and performance of all future orders as may be necessary to enforce defendant’s payment of all future installments of child support;(g)That all: court costs be taxed arid assessed unto the Defendant; and(h)Such other, further, and general relief as may be equitable and proper within the premises. Respectfully submitted,_______________________________________ Attorney for __________________________ STATE OF MISSISSIPPICOUNTY OF ___________ PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, within my jurisdiction on this the _____________ day of _____________ _____________, the within named ________________________ who, having been by me first duly sworn, stated upon his/her oath that the allegations set forth in the above and foregoing Complaint For Citation of Contempt are true and correct as therein stated. _________________________________________ SWORN TO AND SUBSCRIBED before me, this the _____________ day of _____________ 20________. ________________________________________Notary Public My Commission Expires: _____________