Once a party obtains an order or divorce decree, situations may arise where the other party does not comply with the terms and provisions contained therein.
Such situations could be a denial of visitation or non-payment of child support. In order to obtain the other party’s compliance, a motion for contempt can be filed which will require the offending party to appear before the court and explain his/her non-compliance. If the offending party is found to have willfully disregarded the order or divorce decree, he/she can be held in contempt of court in which a number of remedies may be available to the court in order to obtain the offending party’s compliance with the order or divorce decree.
What Is Contempt?
Following the entry of a court order, or final judgment and decree of divorce, the parties are required to act as the order or judgment directs him or her to act. This is true whether the order was issued by a judge following a contested action, or whether the parties reached an agreement that was later incorporated into an order or judgment. If one party fails or refuses to abide by the provisions of an order, then the other party may file an action for contempt to compel the offending party’s compliance with the order. For example, if a father fails to make child support payments as ordered, the mother may file a contempt action to compel the father to make the payments.
If a party is found to be in contempt of court, the court has several remedies available to compel compliance; these include: payment of the injured party’s attorney’s fees, garnishment of wages, and even incarceration.
What Are The Consequences Of Contempt?
If a party is found to be in contempt of court, the court has several remedies available to compel compliance; these include: payment of the injured party’s attorney’s fees, garnishment of wages, and even incarceration.
Are There Any Defenses To Contempt?
A party can only be held in contempt if the non-compliance with an order is willful. This means that the party had the ability to comply, but refused. Some examples would be if a party lost a job and was unable to make certain payments because all financial resources had been exhausted, or if a party failed to make a child available for an exchange because the child had to have an emergency appendectomy at the time of exchange; in neither of these examples would the court likely find that the offending party is in wilful contempt of court.
Court orders are only effective if they are enforced. Kupferman & Golden, Attorneys at Law, is well positioned to help you either pursue or defend against an action for contempt to ensure the provisions the court set forth are being properly followed.
