Fill and Sign the Hovey V Elliott 167 Us 409casetext Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. NO. DEFENDANT MOTION TO FIND DEFENDANT IN CONTEMPT OF COURT COMES NOW, the Plaintiff, , and files this Motion to Find the Defendant in Contempt of Court against the Defendant, , and for cause would show unto this Honorable Court the following facts: I. That Plaintiff, , is an adult resident citizen of County, Mississippi, residing at . II. That Defendant, , is an adult resident citizen of County, Mississippi, who may be served with process of this Court at his residence address located at . III. That on this Court rendered its Final Judgment of Divorce in this cause, incorporating therein the parties' Child Custody Agreement and Property Settlement Agreement. IV. That pursuant to the terms of the above mentioned decree the Defendant agreed to pay child support in the amount of Dollars ($ ) per month, for the support and maintenance of the parties' minor child, , born . That said child support payments were to be paid in two (2) installments of Dollars ($ ) each on the first (1st) and fifteenth (15th) day of each month commencing . V. That Defendant has wholly failed and refused to pay any child support to Plaintiff since 6666 to the date of this filing. That Defendant is currently in arrears for child support payments from to in the total sum of ($ ). That Plaintiff's Affidavit to Child Support Arrearage is attached hereto and made a part hereof as Exhibit "A". VI. That pursuant to the terms of the Divorce Decree, Defendant was required to maintain a health and accident insurance policy covering the medical, dental, hospital and drug expenses of the parties' minor child; and Defendant was further required to pay for all medical, dental, hospital, and drug expenses not covered by said insurance. That Defendant has never provided medical coverage for the minor child and Plaintiff has been forced to maintain said insurance on the minor child. That Defendant should be ordered to reimburse Plaintiff for the premiums paid on said insurance policy in the amount of ($ ). Further, that Defendant has wholly failed and refused to pay those medical expenses not covered by insurance, which expenses Plaintiff was forced to pay. Therefore, Defendant should be ordered to reimburse Plaintiff for said medical expenses in the total sum of ($ ). VII. That pursuant to the terms of the Divorce Decree, the Defendant agreed to maintain a 66 ($ ) Life Insurance Policy with the minor child of the parties designated as beneficiary. Plaintiff has reason to believe Defendant has never purchased such a policy and, therefore, requests this Court to require Defendant to provide proof of said policy. VIII. That the Defendant herein refuses to abide by the provisions of the decree of this Court and there is no justification for Defendant's refusal to comply with said decree except that he does not desire to do so, and that such refusal on his/her part is so willful, obstinate and persistent that he/she is guilty of contempt of this Court and should be cited to appear before this Honorable Court to show cause, if any, he/she can, why he/she should not be adjudged in contempt thereof. IX. That the Defendant herein should be required to pay unto the Plaintiff a reasonable sum as attorney's fees for services rendered in this regard, and to be rendered in this cause, in that such services were made necessary as a result of said Defendant having willfully failed and refused to comply with the provisions of the divorce decree.WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that process be issued hereon for the Defendant, , requiring him/her to appear and respond to this Motion, and that upon such hearing of this cause, this Court will find the Defendant in contempt of the Final Decree of this court and will compel the Defendant to comply with the said Decree, and perform the following: (1) that Defendant pay unto the Plaintiff the sum of ($ ) for child support payments currently in arrears; (2) that Defendant pay unto the Plaintiff the sum of ($ ) as reimbursement for doctor bills and prescription drug bills of the parties' minor child paid by Plaintiff; (3) That Defendant pay unto Plaintiff the sum of ($ ) as reimbursement for premiums paid by Plaintiff for health insurance covering the parties' minor child; (4) that Defendant provide Plaintiff with proof of a ($ ) Life Insurance Policy on his/her life with the parties' minor child designated as beneficiary; (5) that Defendant be required to pay unto Plaintiff a reasonable attorney's fee and all costs of Court herein; and (6) that the Court will cause the Defendant to be imprisoned in the County Jail until he/she shall have purged him/herself of such contempt as this Court deems appropriate. Plaintiff prays for such additional and further relief, as the Court may deem equitable and appropriate. Respectfully submitted,__________________________ ___________________________ STATE OF MISSISSIPPICOUNTY OF PERSONALLY appeared before me, the undersigned authority in and for the County and State aforesaid, the within named , who after being by me first duly sworn, states on her oath that the matters, facts, and things contained in the foregoing Motion to Find Defendant in Contempt of Court are true and correct as therein stated. _________________________ SWORN TO AND SUBSCRIBED BEFORE ME, this the day of , . _________________________NOTARY PUBLIC MY COMMISSION EXPIRES:______________________ AFFIDAVIT STATE OF MISSISSIPPICOUNTY OF PERSONALLY came and appeared before me the undersigned authority in and for the jurisdiction aforesaid, the within named , who after having been first duly sworn on oath, states that the following is a correct statement of child support payments that should have been paid by the Defendant : CHILD SUPPORT TOTAL AMOUNT DUE: $ through ($ per month) TOTAL AMOUNT PAID: TOTAL AMOUNT DUE FROM TO $ Affiant states that was ordered to pay child support in the sum of $ per month. That as of is in arrears for child support in the sum of $ . _________________________ SWORN TO AND SUBSCRIBED before me, this the day of , . _________________________NOTARY PUBLIC MY COMMISSION EXPIRES:_____________________