CAJ Consent Contempt Order

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CAJ Consent Contempt Order Powered By Docstoc
					                         IN THE SUPERIOR COURT OF FULTON COUNTY
                                     STATE OF GEORGIA

THE GEORGIA DEPARTMENT OF HUMAN                       CIVIL ACTION FILE NO. CA789456
RESOURCES, ex. rel.,
«FIELD150» «FIELD156»
«FIELD162» «FIELD168»
     PLAINTIFF

v.

«FIELD14» «FIELD15» «FIELD16» «FIELD17»
     DEFENDANT
                            CONSENT CONTEMPT ORDER

      The above-referenced case having been heard and considered by the Court or the parties
having consented to an order, it is hereby agreed/ordered that:

       a) The Defendant shall notify the IV-D Agency (CSE) within seven (7) days of any change of
address, change of employment, receipt of unemployment or workers' compensation payments, and
receipt of any income from any source (including but not limited to personal injury or other lawsuit
proceeds, severance pay, retirement or pension payments, lottery or other winnings);
       b) The Defendant is notified that pursuant to Georgia law, Child Support Enforcement may
take various administrative remedies independent of the Court, including but not limited to: seizure of
financial assets from various sources as well as suspension of any and all public licenses held by the
Defendant in any state;
      c) All payments received shall be first applied to any current support obligations, then to past
due support and any interest, then towards state arrears. If the Defendant owes any arrears at the
time current support ends for a child or children, then the Total Amount of Deduction listed in the
income deduction order (IDO) shall continue unreduced until all past due support, interest and arrears
are paid in full;
       d) The Defendant shall pay any applicable Family Support Registry (FSR) fee for each
payment pursuant to O.C.G.A. §19-6-33.1(j);
       e) This order is subject to the right to request a review and modification as set forth in
O.C.G.A. §19-11-12;
        f) The Defendant is notified that, notwithstanding any provision in this order pertaining to the
payment or collection of arrears, Plaintiff retains the right under the law to intercept Defendant’s state
and federal income tax refunds if any arrears are owed;
       g) Whenever, in violation of the terms of this Order, there shall have been a failure to make the
support payments due hereunder so that the amount unpaid is equal to or greater than the amount
payable for one month, the payments required to be made may be collected by the process of
continuing garnishment for support.
       h) All missed payments of support shall be subject to interest pursuant to O.C.G.A. 7-4-12.1




FORMCAJ $tars Re-Write                                                               Revised March 2005
It is further agreed/found and ordered that:

1. SERVICE AND APPEARANCE OF THE DEFENDANT:

______ The Defendant was served with process and appeared, or
______ The Defendant waives service and consents to the jurisdiction and venue of this Court;
______ The Defendant was served with process and failed to appear. Therefore, the Sheriff shall
apprehend the Defendant and confine him to the county jail until this case can be heard or until
further order or direction from the Court.

2. FINDING OF CONTEMPT:

_____ The Defendant is in willful contempt of the Court's previous order for not paying child support
and is found in arrears in the amount of $____________ (including / excluding interest) as of
______________, 200___. Past due child support is subject to interest pursuant to O.C.G.A. 7-4-
12.1;

_____ The Defendant owes interest in an amount, not less than, $___________________ as of
_________________ _______, 200___.

_____ The Defendant is in willful contempt of the Court's previous order as Defendant has failed to
purchase or provide proof of accident and sickness insurance;

_____ The Defendant is in willful contempt of the Court's previous order for not appearing for genetic
testing as ordered;

_____ The Defendant has not had the ability to comply with the Court's Order as medical insurance is
not reasonably available, as defined by the Court, to the Defendant pursuant to O.C.G.A. § 19-6-
29(a).

_____ The Defendant has not had the ability to comply with the Court's Order as to current support
and the Defendant’s contempt is not willful, therefore the court will take no action at this time.
medical insurance is not reasonably available, as defined by the Court, to the Defendant pursuant to
O.C.G.A. § 19-6-29(a).

3. SANCTIONS:

_____ The Defendant’s period of incarceration shall be served _____ consecutively or _____
concurrently to any other imposed sentence.

_____ The Defendant shall be instanter apprehended by the Sheriff and is ordered confined to the jail
of the above county for ______ days, as a penalty for contempt; provided however, that the
Defendant may purge herself/himself of said contempt at any time by making a purge payment of
$__________.

_____ The Defendant shall be instanter apprehended by the Sheriff and is ordered confined to the jail
of the above county for _____ days as a penalty for contempt, however, the Defendant may purge
herself/himself of said contempt at any time by providing proof of coverage of the required accident
and sickness insurance.

_____ The Defendant shall be instanter apprehended by the Sheriff and is ordered confined to the jail
of the above county until such time as the Defendant's portion of genetic testing can be administered.
FORMCAJ $tars Re-Write                                                            Revised March 2005
_____ The Defendant shall purge himself of his/her contempt by making a payment of
$_____________ towards the arrears in this case. If the Defendant should fail to make this payment
at the local CSE Office by _________ a.m./p.m. on _______________________________, 200__,
then the Defendant is ordered confined to the jail of the above county for ______ days.

4. ARREARS REPAYMENT:

_____ The Defendant is hereby ordered to pay the sum of $__________ per __________ per child
current child support and $__________ per ______________ towards the arrearage beginning
____________________________. Said payments will continue until the total amount due has been
paid in full, including interest and arrears.

5. INCOME DEDUCTION ORDER (IDO):

_____ The Court orders the IV-D Agency to issue an Income Deduction Order (Federal Form
OMB:0970-0154, Order/Notice to Withhold Income for Child Support) to the employer/payor of the
Defendant and all subsequent employer/payor until such time as all amounts due under the order
have been paid in full, for so long as the IV-D Agency shall have the assignment of right from the
Custodial Parent and no debt is owed to the State.
      This Income Deduction Order should be made effective:
             (______) Immediately.
             (______) Upon a delinquency equal to one month's support. This court finds that good
cause was shown to delay the effective date of this order. The IV-D agency may issue its IDO, by
serving a "Notice of Delinquency" on the Defendant as provided in O.C.G.A. §19-6-32(f).

    DURATION: The IV-D Agency IDO shall supercedes any Income Deduction Order which may
have been previously entered in this case. This Income Deduction Order shall remain in full force
and effect until modified, suspended or terminated by further order of this Court or until such time as
the Custodial Parent removes the assignment of rights to the IV-D Agency and there are no funds
being collected on behalf of a debt owed to the State.
      The IV-D Agency IDO and all further papers required to be served pursuant to O.C.G.A.
§19-6-30 et seq., shall be served upon Defendant by regular mail in accordance with the alternative
service provisions of O.C.G.A. §9-11-4(i).

  DUTY TO INSURE COMPLIANCE: The Defendant is hereby ordered to perform all acts necessary
for the proper withholding of the sums stated in this IDO, including delivery of the same to his
employer/payor and future employer/payor, and to personally monitor and confirm on an ongoing
basis that the payments withheld are timely and properly deducted from his/her income and
forwarded as ordered, correctly identified with the above case. Failure of the employer/payor to
perform under this order does not relieve the Defendant of his obligation to insure that payment is
made. Until such time as payments are deducted by the Defendant's employer/payor, the Defendant
will be responsible for making all payments by money order, or certified or cashiers check directly to
Child Support Enforcement.

  CONSUMER CREDIT PROTECTION ACT: The maximum amount to be deducted shall not exceed
the amounts allowed under section 303.b of the Consumer Credit Protection Act, 15 U.S.C. §1673 (b)
as amended.

6. ACCIDENT AND SICKNESS INSURANCE:

_____ The Defendant shall maintain accident and sickness insurance for the minor child(ren) as the
FORMCAJ $tars Re-Write                                                             Revised March 2005
same is available at reasonable cost as defined by the Court. Defendant shall send a copy of the
insurance policy and/or insurance card to Child Support Enforcement within ten (10) days of the date
of this order, or within TEN (10) days of Defendant's obtaining said insurance. Defendant shall notify
the Department within ten (10) days of the date said insurance becomes available. Failure to provide
such coverage may result in direct enforcement of the Order in accordance with O.C.G.A. § 19-11-27.
The Defendant or the IV-D agency shall, upon request, provide information to the insurer necessary
to meet the ERISA requirements, 29 U.S.C. §1169, defining a qualified medical support order.

7. FULL FAITH AND CREDIT:

_____ The previous Court order is entitled to full faith and credit and shall be enforced by this Court
pursuant to 28 U.S.C. 1738(B) and O.C.G.A. 24-7-24. Said order from the State of _____________,
_________________County, ______________ Court, Action No._______, dated________________
is hereby registered for enforcement purposes only.

8. FATHERHOOD PROGRAM:

_____ The Defendant states that he/she is unemployed/underemployed; therefore, the Defendant is
ordered to appear at such time, place and date as is instructed by the Department (Child Support
Enforcement), and thereafter to participate in the Fatherhood Program. If the Defendant fails to
appear, or to participate in the program, or to complete the program, then he/she shall be summoned
to appear before the Court to show cause why he/she should not be found in contempt of this order
and confined to jail for a period of time to be determined by the Court. If the Defendant fails to appear
in court after being served with a summons, an order for their immediate arrest shall be issued and
Defendant shall be arrested and confined to jail until further order of the Court.

9. OTHER ITEMS:

_____ The Defendant shall pay court costs in the amount of $                         on or before
______________, 200____, to the Clerk of Court, Fulton County, Georgia.

_____ The Defendant is found in willful contempt and shall be subject to the terms of Attachment "A"
hereto incorporated by reference as if fully set out herein.

_____ The Defendant shall be released from jail instanter/as soon as other pending charges against
him have been resolved.

_____ _____________________________________________________________________

        _____________________________________________________________________

        _____________________________________________________________________

        So Ordered, this ______ day of _______________________, 200__.




                                                        Judge, Superior Court
                                                        State of Georgia


FORMCAJ $tars Re-Write                                                              Revised March 2005
Defendant consented to by:

___________________________________
Defendant


___________________________________
Attorney for Defendant

Child Support Enforcement consented to by:


___________________________________
CSE Agent


___________________________________
Attorney for Plaintiff

Prepared By:
Child Support Enforcement
By: Brian Skala
Assistant District Attorney
«FIELD82» «FIELD83»
«FIELD85», «FIELD86» «FIELD87»
«FIELD111»
Ga. State Bar No.: GB9780983
CSE Case No.: «FIELD52»




FORMCAJ $tars Re-Write                       Revised March 2005

				
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