Enforcing Family Court Orders With Contempt Actions

Court-issued orders during or after divorce proceedings, such as a child support order or visitation schedule, are legally binding. Failing to abide by the conditions listed in the order can lead to you being held in contempt and will subject you to court penalties.

This article provides a broad overview of contempt, including what constitutes contempt, the consequences of contempt, and how to file for contempt.

What is Contempt?

It’s possible to violate a court order at any time during the divorce process. Common violations that can result in contempt include:

• Failing to pay child support or alimony
• Not following a custody schedule
• Ignoring a court-ordered asset distribution

However, in order to prove someone is in contempt, the accuser must show that their opponent has intentionally or willfully violated the order. Proving a level of disregard for the court order is key. To find someone in contempt, the accuser must show the accused party:

1. Knew about the order
2. Had the ability to comply with the order but knowingly violated the conditions
3. Lacks any valid excuse for the violation

Since the accuser has the burden of proof, it’s important you have sufficient evidence to support your claim before filing for contempt.

Example of Evidence Needed To File For Contempt

If your ex fails to allow you to see your kids during your prescribed parenting time, but the reason she did so was because she had a flat tire, then you almost certainly wouldn’t convince the court that she was in contempt. However, if she repeatedly comes up with excuses for not allowing you to see the children, and you can show that those excuses are disingenuous, then you will have a strong case for filing a contempt motion.

It’s also a good idea to send the offending party a warning letter before actually filing for contempt. The court will see this as an act of good faith and proof that you are not simply trying to stir up trouble with your ex. Include in the letter a clause specifically defining how they can fix the situation before going to court. For example, if they owe you child support you could give them a certain number of days to pay the support before you seek court enforcement.

If they continue to disregard the order, you can show the court you made a good-faith effort to resolve the issue without going to court, but the opposing party simply won’t comply.

Consequences of Contempt

Contempt can include both civil contempt and criminal contempt penalties that range in severity depending on the infraction. These include:

• Fines
• Compensatory visitation
• Change in custody arrangements
• Jail time

Typically, if the court determines someone is in contempt, they’ll give them a chance to make up for the violation. That might involve paying back support or giving the opposing party additional parenting time for failing to meet a visitation schedule. If they’re able to meet those make-up requirements, the court likely will not punish them any further since the entire point of a contempt action is to seek compliance.

If an issue like withholding visitation is an ongoing problem, the court can award extra time with the kids and even modify the custody arrangement, which requires the contempt charge to be filed with a motion to modify.

It’s generally rare for a court to issue jail time over contempt, although the option does exist. Usually, the threat of jail time is enough to persuade the offender to comply.

Some states will also issue damages on top of contempt sanctions to cover the losses that resulted when the other party failed to act. For example, if your wife was supposed to pay off a credit card so you could secure a loan for the business you own but she fails to do so, the loss of business would constitute damages that you could request she pay for.

How to File for Contempt

Filing for contempt is similar to filing for divorce. A new case is open and a motion is filed within the divorce case. Your ex-wife will need to be properly served.

Then at court, you must show evidence that contempt took place and prove that the violation was willful.

Before you file, however, here are some steps you should consider taking to be sure filing for contempt is worth the time and effort.

1. Read your decree: Read and re-read the language in your divorce decree so you are absolutely sure that a violation has occurred. Keep in mind you must prove your ex had the ability to uphold the order and intentionally ignored it. This requires solid evidence that will hold up in court.
2. Contact an attorney: Although you can represent yourself in a contempt action, it is a better idea to speak with an experienced family law attorney. Even if you opt out of hiring an attorney, seeking consultation can provide you with valuable information to help get an idea of your chances of success. If your case is successful, the offending party may be required to pay your attorney fees.
3. Propose a resolution: Your goal in filing for contempt is to get the offending party to comply with the court order. It’s often enough to just show your ex that you are willing to go to court.
4. File a motion: If you’ve exhausted all other efforts and your ex still won’t comply, you then need to file a motion of contempt form in the same court clerk’s office that issued the order. The court will ultimately issue a hearing date. Your attorney will handle this part, but you’ll need to research your local court’s procedures if you’re representing yourself.
5. Serve your ex: The offending party needs to be officially notified of the coming charges, usually by a process server. Once the contempt hearing is scheduled, paperwork needs to be served to every involved party.
6. Attend the hearing: At the hearing, the judge will hear evidence from the alleging side in addition to the defending party’s reasoning for failing to comply. After hearing both sides, the judge will decide whether or not contempt occurred. If there is enough proof, an order will be given specifying how to resolve the issue.

If you believe your spouse is intentionally refusing to follow a court order, speak with a family law attorney as soon as possible.

What is a Show Cause Hearing in Family Court?

Depending on the county or state you file, a “show cause hearing” may be necessary. Your locality may refer to it by different names, such as “order to show cause,” “rule to show cause” hearing, or a “motion for an order to show cause.”

• Demonstrate the details of how your spouse isn’t complying with the court order.
• Fill out any required court forms.
• Request and assemble all relevant documents before your hearing.
• Prepare to testify at the hearing to “show cause.”
• Your spouse will have the opportunity to explain why they aren’t following the order.
• Wait for the court to provide a final judgment on the contempt issue.

If your wife is in contempt, you can file this legal request to obtain specific relief and to get her to comply.

Why Work with Cordell & Cordell

The compassionate and understanding attorneys at Cordell & Cordell are firmly committed to championing men’s rights in family court. Founded in 1990, we are a community of talented legal professionals who focus exclusively on men’s divorce and family law. We are proud of our 94% client satisfaction rate and strive to provide high-quality service to each and every one of our clients.

Testimonials

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

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Hold Your Ex Accountable in Court

Divorce is difficult enough, but it’s even worse when your ex-spouse refuses to comply with a court’s order. Whether this is withholding visitation or, if you’re the custodial parent, refusing to pay you child support, we’ll help you resolve your situation in the easiest way possible.

If your ex-spouse continues her non-compliance with court orders, we’ll initiate contempt proceedings and aggressively fight on your behalf for visitation, child support enforcement, or any other obligations she’s neglecting to fulfill.

To schedule a consultation, contact us at 866-DADS-LAW (323-7529) or fill out our convenient online contact form and a member of our legal team will get right back to you. We proudly serve clients in more than 100 offices across the nation.