Contempt Procedures

Procedure 000 v.2

 

  1. Case Selection
  2. Case is Approved for Contempt Referral

 

  1. Case Selection
  1. Standard
  1. 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.
  1. Procedure
  1. Review available databases to determine if:
  1. The NCP is receiving TANF benefits,
  2. The NCP is in open bankruptcy,
  3. The NCP has pending criminal charges, or
  4. The NCP is incarcerated.

If any of these conditions occur, the case is not eligible for contempt.  Do not proceed. 

  1. Review the case for ability to pay.
  1. Contact the CP by telephone and complete the CP Enforcement Review.
  2. If telephone contact is not successful,  mail the CP Enforcement Review Letter to the CP and review for a response after 10 days
  3. The CP must respond for a contempt review to continue for NAI cases or cases without assigned arrears. 
  4. When monies are assigned to the state, caseworkers are required to continue the review if the custodial parent does not respond.
  1. If the case is CAI send the CP the 14 day notice to begin the sanction process.
  1. Contact the NCP by telephone and complete the NCP Enforcement Review.
  2. If telephone contact is not successful, mail the NCP Enforcement Review Letter to the NCP and review for a response after10 days.
  3. 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.
  4. The attorney will either approve or deny the referral based on the research gathered regarding ability to pay.

Return to beginning of Contempt Procedures

 

  1. Case is Approved for Contempt Referral
  1. Cases approved for contempt proceedings shall be prepared for hearing.
  2. Procedure
  1. When the case is approved for contempt, the caseworker images the Contempt Action Review Worksheet.
  2. The caseworker will request a DRU calculation which is required to be completed within 15 working days.
  3. When the DRU is completed the caseworker will prepare the contempt referral documents and forward them to the assigned attorney.

Return to Beginning of Contempt Procedure

Procedure Revision Date: 7/01/2017
Procedure Review Date:

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