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Rule 308a. In Child Support Cases (1988)

TEXT

In cases where the court has ordered periodical payments for the support of a child or children, as provided in the statutes relating to divorce, and it is claimed that such order has been disobeyed, the person claiming that such disobedience has occurred shall make same known to the judge of the court ordering such payments. Such judge may thereupon appoint a member of the bar of that court to advise with and represent said claimant. It shall be the duty of said attorney, if the attorney in good faith believes that said order has been contemptuously disobeyed, to file with the clerk of said court a written statement, verified by the affidavit of said claimant, describing such claimed disobedience. Upon the filing of such statement, or upon its own motion, the court may issue a show cause order to the person alleged to have disobeyed such support order, commanding that person to appear and show cause why they should not be held in contempt of court. Notice of such order shall be served on the respondent in such proceedings in the manner provided in Rule 21a, not less than ten days prior to the hearing on such order to show cause. The hearing on such order may be held either in term time or in vacation. No further written pleadings shall be required. The court, the parties and the attorneys may call and question witnesses to ascertain whether such support order has been disobeyed. Upon a finding of such disobedience, the court may enforce its judgment by orders as in other cases of civil contempt.

Except with the consent of the court, no fee shall be charged by or paid to the attorney representing the claimant for any services. If the court shall be of the opinion that an attorney's fee shall be paid, the same shall be assessed against the party in default and collected as costs.

Amended by order of July 15, 1987, eff. Jan. 1, 1988. Corrected and clarified by order of Dec. 16, 1987, eff. Jan. 1, 1988: In the July 15, 1987 Order, in the fourth sentence, change he or she to they so that the sentence will read: Upon the filing of such statement, or upon its own motion, the court may issue a show cause order to the person alleged to have disobeyed such support order, commanding that person to appear and show cause why they should not be held in contempt of court.