Contempt
What is contempt?
In family law cases, contempt typically arises when one party refuses or otherwise fails to abide by the terms of a court-approved settlement, divorce decree, or other court order. There are many ways a party may be in contempt of a court order. For instance, if a parent actively interferes with the terms of a parenting time order, a finding of contempt may be appropriate. Another example is when one spouse is required to transfer property to the other spouse, but fails to do so.
What do I do if my ex-spouse is not complying with a court order?
In order to find a party in contempt, a court must find that the party in question acted in willful disobedience of the court's order. If an individual is in the position of having to seek Court intervention, a motion explaining the circumstances is filed with the Court and a hearing would be requested.
How do I show a Court that my ex-spouse is in contempt of a court order?
At a hearing, the party seeking the contempt citation has the burden of proving the other party has acted in willful disobedience of the Court's order. This could include evidence that one party repeatedly did not deliver the child for parenting time, or perhaps failed to make any effort to sell the marital. In short, it must be shown that an individual had an obligation to perform a certain action and failed to do so.
What will the Court do if my ex-spouse is found to be in contempt of a court order?
If it is shown that a party willfully disobeyed an order, the Court has the authority to tailor the appropriate punishment. While the options available to a Court are too numerous to list, typical contempt citations include the imposition of monetary penalties, award attorney's fees incurred in filing the contempt motion, and other remedies up to and including jail time. The primary purpose of contempt is to coerce action for the benefit of the aggrieved party.
When should I seek to hold my ex-spouse in contempt?
It is important to note that contempt actions are not appropriate to address minor grievances or isolated incidents of behavior. A party and attorney should not seek to use a contempt action in a vindictive manner. Rather, it is a remedy available when one party has resisted informal attempts to resolve a dispute and there are no other options available to obtain fulfillment of Court-ordered obligations.
