Motions for Contempt of Court and orders of enforcement are used when a party does not satisfy by the terms of a prior court order. Contempt actions are often used to enforce a child support or alimony order a party refused to pay.
For divorce cases, contempt means, “a willful violation of a court order.” Often that a former spouse did not obey a final agreement for alimony and child support payments. Once a contempt motion is filed and served on the opposing party, the petitioner must show the court the other party has failed to comply. A contempt case can be defended by saying that the former spouse did not commit a violation or that the violation was not willful.
If the judge finds a spouse has committed contempt, they can order a contempt enforcement. This ensures the alimony and / or child support is paid. The court and the former spouse found to be in contempt can negotiate how these payments are made - for example, by installment or in one lump sum in addition to regular payments. The court can also choose to control the bank accounts of the person found to be in contempt.
If your former spouse violated a court order and you are seeking enforcement of the order or your former spouse filed a contempt motion against you and you are seeking legal representation to defend you against the motion, call us today for a free initial consultation.
The Office of William J. McClellan will stand by your side through any family need. Call now to get started on your case.