Prove-Up Questions for Contempt Action
Q:Is your name [name]?
Q:I am handing you a document entitled Movant’s Request for Relief Requested, which has been marked as Movant’s Exhibit 1. Is that document a summary of the relief you are requesting in your petition for enforcement?
Q:[Were you divorced from [name of respondent] on or about [date]?/Were you a party to a suit establishing a child support order entered on or about [date]?]
Q:Your Honor, I now offer what has been marked as Movant’s Exhibit 2, which is a certified copy of the order to be enforced.
COURT: ADMITTED.
Q:In the [decree of divorce/order] that was entered on that date, was [name of respondent] ordered to pay child support in the amount of $[amount] per month, per child, for a total of $[amount] per month?
Q:Is [name of respondent] in the courtroom?
Q:Can you please point to [him/her]?
Q:Your Honor, I would ask that the record reflect that my client has pointed to the person seated next to opposing counsel.
COURT: Let the record so reflect.
Q:Your Honor, I offer what has been marked as Movant’s Exhibit 3, which is a certified copy of the child support record.
Q:Have there been any other payments made directly to you?
A:No, there have not.
Q:I will hand you what has been marked as Movant’s Exhibit 4 and ask you if you can identify this document. Tell the court what it is.
A:This is a schedule that sets forth each date that the child support was due, whether a payment was paid, and, if so, in what amount and on what day. The column on the far right shows the cumulative total of all payments that [name of respondent] failed to pay.
Q:If I asked you questions about the amount and due date of each obligation and the amount and date of each payment, would your testimony be as reflected on the exhibit?
A:Yes, it would.
Q:Your Honor, we would offer Movant’s Exhibit 4 as a summary of [name]’s testimony.
COURT: ADMITTED.
Q:Is it true that as of [date], [name of respondent] owed $[amount] in child support arrearages?
Q:Was it necessary for you to hire an attorney in order to collect the child support previously ordered by this court?
Q:And did you hire me and agree to pay a reasonable fee for my services in connection with this action?
Q:Are you asking the court to grant the relief you requested in Movant’s Exhibit 1?
PASS THE WITNESS