• Uncontested Divorces
• Contested Divorce
• Mediation
• Child Support
• Alimony / Spousal Support
• Child Support Modification
• Parenting Plans
• Child Custody / Visitation Modification
• Contempt Actions
• Separation of Marital Property
• Paternity / Legitimation
• Prenuptial Agreements
• Guardian Ad Litem

A motion for contempt is a request for the court to punish a party for failing to obey a court order.  A motion for contempt, or contempt action, in a family law matter will normally arise when one party fails to pay child support or refuses to allow visitation.  In order for a party to be held in contempt, however, the offending party must be found to have willfully violated the Court Order. Once a court determines there has been a willful violation, a court may order compliance, award attorney’s fees or even jail the offending party.

Typically, a contempt will arise because a party has either failed to pay his/her child support or alimony, allow court ordered visitation or transfer property as required under a court order. For a party that has failed to pay child support, if the Court finds that the party’s failure to pay was intentional and willful, it is not uncommon for a Court to put that party in jail until his entire past due child support obligation is paid in full.  Alternatively, courts have ordered non-custodial parents to pay bonuses or other large sums of money into a trust account for the purposes of paying child support, awarded custodial parents all dividends or other company payouts to a non-custodial parent and created other forms of punishment to ensure a child support obligation is paid in full.

For a party that has failed to allow visitation as ordered, a Court will typically allow the custodial parent another chance to comply with the Court’s order.  If a custodial parent continues to prevent a non-custodial parent from visiting with his/her child or children, a Court could switch custody to the non-custodial parent or even put the custodial parent in jail. 

It is important that all parties comply with the Court’s order.  No Court will tolerate a party disobeying its orders.  Since the parties’ settlement agreements typically become the Court’s orders, it is important the parties’ agreements preserve the parties’ rights to file for contempt, pursue attorney’s fees, and clearly defines each parties’ obligations.