IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
Case No.: FD-2018-2845
FGN: 891037001
IN RE THE MARRIAGE OF
ELIZABETH ALVAREZ
Petitioner,
And
RAUL OSCAR ALVAREZ
Respondent.
SECOND AMENDED NOTICE BY PUBLICATION
TO: Raul Oscar Alvarez
TAKE NOTICE that an Amended Application for Indirect Contempt and a Citation for Contempt have been filed. Said Application and Citation are set for an arraignment hearing on June 16, 2021 at 10:00 AM. You must appear in court and enter a plea of guilty or not guilty to the charge of contempt. Further, you have the right to be represented by counsel on the above date.
You must appear before the Honorable Judge Barry L. Hafar in the above named Court on the 16th day of June, 2021 at 10:00 AM or an arrest warrant will be issued for your failure to appear.
RICK WARREN, Court Clerk
/s/ Jamie Houston
Deputy Clerk
/s/ Teofilo A. Diaz
Teofilo A. Diaz, OBA#30372
Counselor & Attorney at Law
11100 E. 96th Street #314
Tulsa, Oklahoma 74133
Telephone: (405) 208-8855
Email: [email protected]
ATTORNEY FOR PETITIONER
IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
Case No.: FD-2018-2845
FGN: 891037001
IN RE THE MARRIAGE OF
ELIZABETH ALVAREZ
Petitioner,
And
RAUL OSCAR ALVAREZ
Respondent.
SECOND AMENDED APPLICATION FOR INDIRECT COMTEMPT CITATION
COMES NOW the Petitioner, Elizabeth Alvarez (now Gomez- Nevarez), and charges and accuses the Respondent, Raul Oscar Alvarez, of having knowingly, contumaciously and contemptuously disobeyed and violated the orders of the Court in this cause by the following:
1. On November 30, 2018, the Court ordered Respondent pay monthly child support in the amount of $1,522.47, and said Child Support Order was finalized and merged in the Default Decree of Dissolution filed on January 25, 2021.
2. Respondent is aware of the requirements of the Child Support Order entered on January 25, 2021.
3. Respondent has violated the Order of this Court, because he has failed to pay the required monthly child support amount, resulting in a child support arrearage of $11,339.84.
4. Petitioner demands that she be compensated for said child support Respondent has refused to pay.
5. On January 25, 2021, the Court also ordered Respondent pay monthly marital support in the amount of $200.00, and said Marital Support Order was included and incorporated in the Default Decree of Dissolution.
6. Respondent is aware of the requirements of the Marital Support Order entered on January 25 2021.
7. Respondent has violated the Order of this Court, because he has failed to pay the required monthly marital support amount, resulting in a marital support arrearage of $600.00.
8. Petitioner demands that she be compensated for said monthly marital support Respondent has refused to pay.
9. As a direct result of Respondent’s willful and contumacious behavior, Petitioner and the minor children have been deprived of the benefit as mandated and specified by the Court.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that upon hearing this cause, the Court issue its Citation for Contempt directing the Respondent to appear and show cause why he should not be held in contempt of this Court’s Order, and further be committed to the common jail until he shall sooner purge himself of contempt; and that Petitioner be awarded all other redress deemed just and proper by this Court.
Respectfully submitted,
/s/ Teofilo A. Diaz
Teofilo A. Diaz, OBA#30372
Counselor & Attorney at Law
11100 E. 96th Street #314
Tulsa, Oklahoma 74133
Telephone: (405) 208-8855
Email: [email protected]
ATTORNEY FOR PETITIONER
NOTICE OF HEARING
ARRAIGNMENT ON THIS APPLCATION WAS CONTINUED BY THE COURT TO THE 16th DAY OF JUNE, 2021, AT 10:00 O’CLOCK A.M. BEFORE THE HONORABLE JUDGE BARRY L. HAFAR.
VERIFICATION
STATE OF OKLAHOMA
ss:
COUNTY OF OKLAHOMA
Petitioner, Elizabeth Alvarez (now Gomez-Nevarez), of lawful age and being first duly sworn upon oath, states: I am Elizabeth Alvarez, the Petitioner above named. I have read the foregoing instrument and state that all statements contained therein are true and correct according to my best information and belief.
/s/ Elizabeth A.
Elizabeth Alvarez (now Gomez-Nevarez),
Petitioner
Subscribed and sworn to before me on this 28th day of April, 2021, by Elizabeth Alvarez (now Gomez-Nevarez), Petitioner above named.
My commission expires:
09/15/21
/s/ Cecelia Spain
CECELIA SPAIN
NOTARY PUBLIC
IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
Case No.: FD-2018-2845
FGN: 891037001
IN RE MARRIAGE OF
ELIZABETH ALVAREZ
Petitioner,
And
RAUL OSCAR ALVAREZ
Respondent.
CITATION FOR CONTEMPT
THE STATE OF OKLAHOMA
TO: RAUL OSCAR ALVAREZ
GREETINGS:
On the, 26th day of February, 2021, Petitioner, Elizabeth Alvarez, filed in this Court her Application for Contempt Citation alleging that you have willfully and contumaciously violated the Temporary Child Support Order entered on November 30, 2018, which was finalized in the Child Support Custody Order entered on January 25, 2021.
Upon review of the files and pleadings herein, including the Application of the Petitioner, and upon being fully advised by the premises, the Court finds that a Citation for Contempt should issue.
IT IS THEREFORE ORDERED by the Court that you, Juan Garcia, should appear before the Honorable Barry L. Hafar, a Judge of the District Court, at the Oklahoma County Courthouse, Oklahoma City, Oklahoma, on the 21st day of April, 2021, at 10:00 o’clock a.m. and then and there show cause why this Court should not find you in contempt of this Court’s Orders directing you to make the required performances payments, and accounting and commit you to the common jail until you shall sooner purge yourself of contempt.
YOU MAY SEEK THE ADVISE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS CITATION OR YOUR RESPONSE. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT A RESPONSE MAY BE FILED BEFORE THE TIME SET FOR HEARING SUCH CITATION.
BARRY L. HAFAR
Judge of the District Court
CERTIFIED COPY
AS FILED OF RECORD
IN DISTRICT COURT
MAR – 4 2021
RICK WARREN
COURT CLERK
Oklahoma County
/s/ Rick Warren
/s/ Teofilo A. Diaz
Teofilo A. Diaz, OBA#30372
Counselor & Attorney at Law
11100 E. 96th Street #314
Tulsa, Oklahoma 74133
Telephone: (405) 208-8855
Email: [email protected]
Attorney for Petitoner
HCS Pub. May 28, June 4, 11, 2021
