Contempt Procedures
Procedure 000 v.2
- Standard
- Caseworkers may select cases for contempt referral to the Attorney General’s Office (AGO) according to predetermined selection criteria. The procedure begins when the caseworker is reviewing a case that is not paying the full support obligation to determine if the noncustodial parent (NCP) is a candidate for a judicial action that may result in a finding of contempt.
- Procedure
- Review available databases to determine if:
- The NCP is receiving TANF benefits,
- The NCP is in open bankruptcy,
- The NCP has pending criminal charges, or
- The NCP is incarcerated.
If any of these conditions occur, the case is not eligible for contempt. Do not proceed.
- Review the case for ability to pay.
- Contact the CP by telephone and complete the CP Enforcement Review.
- If telephone contact is not successful, mail the CP Enforcement Review Letter to the CP and review for a response after 10 days
- The CP must respond for a contempt review to continue for NAI cases or cases without assigned arrears.
- When monies are assigned to the state, caseworkers are required to continue the review if the custodial parent does not respond.
- If the case is CAI send the CP the 14 day notice to begin the sanction process.
- Contact the NCP by telephone and complete the NCP Enforcement Review.
- If telephone contact is not successful, mail the NCP Enforcement Review Letter to the NCP and review for a response after10 days.
- Document the case with the findings from the enforcement review letters and complete the Contempt Action Review Worksheet [link to document] and submit to the AGO for their initial review for ability to pay.
- The attorney will either approve or deny the referral based on the research gathered regarding ability to pay.
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- Cases approved for contempt proceedings shall be prepared for hearing.
- Procedure
- When the case is approved for contempt, the caseworker images the Contempt Action Review Worksheet.
- The caseworker will request a DRU calculation which is required to be completed within 15 working days.
- When the DRU is completed the caseworker will prepare the contempt referral documents and forward them to the assigned attorney.
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