Contempt and Enforcement are legal avenues in order to make a party to comply with a court order. Divorce decrees, Final Judgment of Dissolution of Marriage, Custody/Parenting Plans Orders, and Child Support Orders, all establish rights and obligations of each party in a family law case. At the Baird Law Group, our attorneys are experienced in representing people in cases involving contempt and enforcement.
The most common contempt actions are child support. If a party has failed to pay child support, then that party can be held accountable through a contempt proceeding. At a hearing, the judge will determine if the party ordered to pay the child support has willfully failed to pay. If it is found that he/she has willfully failed to pay child support, then the Court can do a number of things. The Judge can order he/she to jail until he has paid a set amount which will be applied to the past due child support (referred to as a "purge".) The Judge can order that he/she pay the child support within a certain amount of days or the Judge will issue a warrant for their arrest. The Judge can also order the non paying party to pay fines, court costs, attorney's fees and other monetary penalties.
Contempt actions can be brought for a party's failure to comply with an order regarding visitation/timesharing, custody/parenting plans, alimony, and provisions for the benefit of the child(ren) such as medical or life insurance. Contempt actions can be brought regarding any support related order to force the other party to comply with a court order.
Enforcement may be brought to have a party held accountable for failing to follow other provisions within a divorce decree or custody/parenting plan order, such as the selling of a former marital home, enforcing a party to refinance a mortgage or debt, and any act an order requires a party to do that is related to property which was owned by the parties. Penalties for failing to follow an order in an enforcement act mostly include fines and attorney's fees.
It is important that you have representation in any contempt and enforcement action. Please contact us so that we may help you in defending or pursuing a contempt and/or enforcement proceeding.
