Hovey v. Elliott, 167 U.S. 409

MOTION TO FIND DEFENDANT IN CONTEMPT OF COURT

IN THE CHANCERY COURT OF , MISSISSIPPI

PLAINTIFF

VS.

NO.

DEFENDANT

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 , Mississippi, residing

at .

II.

That Defendant, , is an adult resident citizen of , 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 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 ) 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 MISSISSIPPI

COUNTY 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.

NOTARY PUBLIC

SWORN TO AND SUBSCRIBED BEFORE ME, this the day of , .

MY COMMISSION EXPIRES:

AFFIDAVIT

STATE OF MISSISSIPPI

COUNTY 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 $ .

NOTARY PUBLIC

SWORN TO AND SUBSCRIBED before me, this the day of , .

MY COMMISSION EXPIRES: