A final divorce decree or custody order is not a suggestion. It is a binding court order, and failure to comply can result in serious legal consequences. When one party violates the terms of a court order, the other party can seek enforcement through a contempt action.
What Is Contempt of Court?
Contempt of court occurs when a person willfully disobeys or fails to comply with a court order. In family law, common examples include:
- Failing to pay court-ordered child support or alimony
- Refusing to follow the parenting plan or visitation schedule
- Not transferring property as required by the divorce decree
- Violating provisions regarding the children’s education, medical care, or other matters
Filing a Motion for Contempt
To initiate a contempt action, the aggrieved party files a motion with the court that issued the original order. The motion must specify which provisions of the order have been violated and how.
The Hearing
At the contempt hearing, the party filing the motion must prove that a valid court order exists, that the other party had knowledge of the order, and that the other party failed to comply. The burden then shifts to the alleged violator to show that the failure to comply was not willful.
Potential Consequences
If the court finds a party in contempt, the consequences can include:
- Fines payable to the court or to the other party
- Jail time in serious or repeated violations
- Attorney’s fees awarded to the party who had to bring the action
- Modification of existing orders to prevent future violations
- Make-up parenting time if visitation was denied
Defending Against Contempt
Not every failure to comply results in a finding of contempt. If the non-compliance was not willful — for example, due to a genuine inability to pay rather than a refusal to pay — the court may not hold the party in contempt. However, the burden of proving inability falls on the person accused.
Taking Action
If your former spouse is not complying with a court order, do not simply accept it. Document the violations and consult with an attorney about your options for enforcement.