Family Law Contempt – If a Party is not complying with a Court Order
If you have been through proceedings in the Family Court Division, a Judge may have entered an Order requiring you and the opposing party to perform certain obligations. This could include a Final Judgment of Dissolution of Marriage ordering a party to pay alimony to the opposing party or a Parenting Plan ordering a timesharing schedule for a minor child and parent.
Unfortunately, many times a party may fail to honor these obligations. One former spouse may fail to pay financial obligations ordered by the court or a parent may fail to deliver a child to the other at the appropriate time. In such cases, if the parties cannot communicate constructively with each other, legal action must be taken.
A Motion for Contempt & Enforcement can be filed requesting the Family Court find the non-performing party in contempt. A hearing will be held where the party that has filed the Motion for Contempt & Enforcement must show that the other party has not obeyed the prior court order.
If after the hearing, the non-performing party is found in contempt, the Court may order appropriate remedies in addition to any restitution including payment of attorneys’ fees or costs, fines, jail, or any other relief permitted by law. Alternatively, however, the Court may fail to find the non-performing party in contempt and may order other remedies if the non-performing party can prove that he or she did not have the ability to comply with the prior Court Order.
There are two sides to every story and the attorneys at Fletcher & Phillips have handled both sides. If you have questions about Family Law Contempt and Enforcement, please contact the lawyers at Fletcher & Phillips at 904-353-7733