Below, our friends from Vayman & Teitelbaum, P.C. explain possible outcomes for when an ex does not follow court orders.
Understanding Contempt In Family Law
When a divorce or family law case is finalized, the court’s orders are legally binding. These may include child custody arrangements, child support payments, visitation schedules, and alimony. But what happens when one party doesn’t follow the rules?
Whether your ex is refusing to pay child support, consistently showing up late (or not at all) for custody exchanges, or ignoring the terms of your divorce settlement, you may be dealing with a legal issue known as contempt of court.
What Does Contempt Of Court Mean?
Contempt of court in family law refers to any willful disobedience of a court order. It’s a legal way to hold someone accountable for not meeting their obligations, especially in matters that impact children or financial well-being.
To prove contempt, you must show:
- A valid court order exists.
- The other person is aware of the order.
- They have deliberately failed to comply.
- Their noncompliance was not due to circumstances beyond their control.
Missing one or two payments due to a genuine financial emergency may not qualify. But persistent refusal to comply, without attempting to communicate or resolve the issue, can open the door to enforcement through contempt.
Common Situations Where Contempt May Apply
Unpaid child support: If your ex isn’t making full or consistent payments, and there’s no modification in place, contempt may be a valid step.
Denied visitation: If one parent withholds court-ordered visitation without cause, they may be in violation.
Failure to transfer property or assets: If the divorce agreement includes property division or the sale of assets, and one party refuses to follow through.
Ignored custody agreements: Regularly picking up or dropping off a child outside agreed-upon times, interfering with school or extracurriculars, or unapproved travel.
What Can You Do?
Document everything: Keep detailed records of missed payments, text messages, emails, or calendars that show violations. Documentation is crucial.
Try communication first: Sometimes a conversation can resolve misunderstandings or temporary lapses, especially if they’re new or uncharacteristic.
Work with an attorney: If violations continue, an attorney can file a motion for contempt on your behalf. This formally asks the court to review the situation and take corrective action.
Court hearing: The court may hold a hearing where both sides present evidence. If the court finds the other party in contempt, consequences may include fines, wage garnishment, makeup parenting time, or even jail time in extreme cases.
What If You’re The One Accused?
If your circumstances have changed, such as job loss, health issues, or unexpected emergencies, you may not be able to comply with a court order. In that case, the best course of action is to seek a modification as soon as possible rather than ignore the order.
Acting early shows the court you’re taking your responsibilities seriously, which can protect your legal standing and credibility.
Enforcing Accountability
Family court orders exist to create structure, protect children, and ensure fairness after divorce or separation. But when one party refuses to follow the rules, it can cause real stress and harm.
Contempt isn’t about punishing someone for mistakes; it’s about enforcing accountability and protecting your rights whether you’re trying to get the support your child deserves or secure parenting time that’s being denied. Understanding contempt of court gives you a path forward.
If you believe your ex is violating a court order, don’t wait. Speak with a family lawyer to explore your options and get the clarity and enforcement you need.