Fairfax Circuit Court Show Cause Support Procedures

Fairfax Circuit Court Show Cause Support Procedures

Any party who contends that the other party has violated the provisions of an order of the Court may proceed by filing a Petition for Rule To Show Cause which must either be verified or supported by a sworn affidavit, and a proposed Rule to Show Cause. The return date on the Rule should be on a Friday allowing sufficient time for the order being entered and served (usually 4-6 weeks). In any contempt proceeding, a rule to show cause should be personally (in-hand) served if jail-time or a bench warrant is sought. After the Rule is entered, a Praecipe/Notice must also be filed to place the case on the Court’s motion’s day docket. In lieu of proceeding by a Rule to Show Cause, you may proceed by a Motion for Contempt. Use of the latter method is most reasonable when you expect that the responding party will show up for the hearing to defend the action.

A. If counsel represent each of the parties, counsel should if possible, exchange at least twenty-four hours in advance of the hearing, the Fairfax Bar Association’s Show Cause Support Worksheets setting out: 1) that party’s position as to the amount of the arrearage as of the day of the hearing; 2) the position that party will take at the hearing as to relief requested (e.g. incarceration of contemnor, finding of contempt, attorney’s fees) or relief offered to liquidate past-due support (e.g. date of lump sum payment, payment schedule).

B. These worksheets should be completed before the commencement of the hearing, exchanged between counsel and tendered to the Judge when the case is called.

C. If there is a dispute between counsel as to the arrearage then existing, counsel should exchange all appropriate documentation at the earliest time possible but always before the commencement of the hearing.

D. If counsel for the petitioner requests counsel fees, this should be prayed for in the original Petition and counsel should bring an itemized statement of the attorney’s fees claimed to the hearing and should provide a copy of this statement to opposing counsel prior to the commencement of the hearing.

V I R G I N I A :

IN THE CIRCUITCOURTOFFAIRFAXCOUNTY

JANE DOE,*

Plaintiff,*

*

v.*CL No. 06-111111

*

JOHN DOE,*

Defendant.*

SHOW CAUSE WORKSHEET

TO BE COMPLETED BY COUNSEL FOR PETITIONER (or party pro se)

1.Petitioner contends that the arrearage as of the date of this hearing is $______, representing non-payment or partial payment of support from ______to ______in accordance with the accounting attached. This accounting has been supplied to opposing counsel/party.

2.Petitioner seeks the following relief at the hearing: (Place X next to requested relief).

[ ](a) Judgment for the liquidated amount of arrearage;

[ ](b) Withholding of contempt finding subject to liquidation of arrearage within ______;

[ ](c) Finding of contempt with sanctions withheld pending liquidation of arrearage within ______; (insert time period in b and c)

[ ](d) Imposition of the following sanctions other than incarceration: ______;

______;

[ ](e) Incarceration under the following terms: ______;

[ ](f) Award of attorney’s fees/costs in the amount of $ ______;

[ ](g) Other ______.

TO BE COMPLETED BY COUNSEL FOR RESPONDENT (or party pro se)

1.Respondent contends:[ ]There is no arrearage. OR

[ ]The arrearage as of the date of this hearing is $______, representing non-payment or partial payment from ______to ______in accordance with the accounting attached. This accounting has been supplied to opposing counsel/party.

2.Respondent proposes to liquidate the arrearage as follows: ______.

______

Counsel for PetitionerDateCounsel for Respondent Date