Common Cause of Mississippi v. Smith

Complaint for Citation of Contempt

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 copy of said Decree of Divorce is annexed hereto as Exhibit "A" and is incorporated herein by reference as if copied in full.

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 .

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 and 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 dated , in the amount of $;

(b) bill of , dated , in the amount of $;

(c) bill of , dated , in the amount of $;

(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 and 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 and 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 and 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 , , 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 and 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. O. Box , , Mississippi and then forwarded to the Support Enforcement Office, P. O. 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 and 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 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 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.

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 and should be found and held to be in willful contempt of this Court for his/her willful, obstinate and 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 and contumacious contempt of this 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 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 (b) 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 , , 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.

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 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 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 and 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 and 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 and 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 the time and place as fixed in the 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 and assessed unto the Defendant; and

(h) Such other, further, and general relief as may be equitable and proper within the premises.

STATE OF MISSISSIPPI

COUNTY 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.