contempt

noun

con•tempt

When someone treats court orders like suggestions, and isn't following the rules. Gavvl Law is here to enforce your rights, fix the mess, and bring order back to your life.

Ready to Get Started?

Use our Contempt Motion Fee Estimator to Find the Right Service and Get Started

Filing a motion for contempt is a legal process used to enforce a court order in family law cases, such as child support, custody, or parenting time. The first step is to identify the specific violation of the court order and ensure it was intentional and significant, such as failure to pay child support or denying court-ordered visitation. Next, the party seeking enforcement must draft a Motion for Contempt, which includes details about the court order being violated, specific instances of non-compliance, and a request for enforcement or penalties. This motion is then filed with the same court that issued the original order, along with any required filing fees.

After filing, the motion and supporting documents must be served to the other party, typically through certified mail, a process server, or the sheriff’s office, depending on local rules. Once the motion is served, the court schedules a hearing. At the hearing, the accusing party must prove that a valid court order exists and that it was knowingly violated. The accused party has the opportunity to defend themselves, often by demonstrating that the violation was unintentional or due to circumstances beyond their control.

If the court finds the accused party in contempt, it can impose penalties, such as fines, wage garnishment, makeup parenting time, or, in severe cases, jail time. The court may also allow the violating party to "purge" the contempt by complying with the order within a specified timeframe. Following the hearing, the moving party should ensure that the court’s directives are carried out. If the violation continues, further legal action may be necessary.

Consulting an attorney throughout this process can help ensure the motion is properly prepared and presented for the best chance of success.

A purge order is a court directive that allows a person found in contempt of court to avoid or reduce penalties, such as fines or jail time, by meeting specific conditions set by the court. In family law cases, a purge order is often used to enforce compliance with court orders related to child support, custody, or parenting time. For instance, if an individual is found in contempt for failing to pay child support, the court may issue a purge order requiring them to pay a specified amount or follow a payment plan within a certain timeframe.

By fulfilling the conditions outlined in the purge order, the individual can "purge" the contempt and avoid further consequences. Purge orders provide an opportunity to remedy non-compliance while ensuring that court orders are followed and the rights of the affected party are upheld.

In family law cases, being found in contempt of court for violating an order, such as those related to child support, custody, or parenting time, can result in significant legal consequences. The court may impose fines as a monetary penalty to deter future violations. Additionally, the party in contempt may be ordered to pay the other party’s attorney’s fees and court costs incurred in bringing the motion for contempt. In severe cases, the court may order jail time, particularly if the contempt involves repeated or egregious violations.

To encourage compliance, the court may issue a purge order, allowing the contemnor to avoid further penalties by meeting specific conditions, such as paying overdue child support or allowing makeup parenting time.

Other consequences can include wage garnishment, suspension of professional or driver’s licenses, or modifications to the existing court order. The specific consequences depend on the nature of the violation and the court’s determination of what is necessary to ensure compliance moving forward.

Defending against a motion for contempt in family law cases involves responding to allegations of willfully violating a court order, such as failing to pay child support, denying parenting time, or not following other directives. The first step is to carefully review the Motion for Contempt and the specific accusations made against you. It is crucial to identify the court order being referenced and understand the exact nature of the alleged violation. If you believe the claims are unfounded or the violation was unintentional, you will need to gather evidence to support your defense.

Next, prepare your response for the scheduled contempt hearing. Bring documentation, such as payment records, communication logs, or proof of extenuating circumstances (e.g., illness, job loss, or emergencies), that explains why the court order was not followed or demonstrates compliance. You may also argue that the violation was unintentional or unavoidable due to circumstances beyond your control. If the court order was vague or unclear, this may also be a defense.

At the contempt hearing, present your evidence and arguments clearly and respectfully to the court. You have the right to testify on your own behalf and to cross-examine any witnesses presented by the other party. The court will evaluate whether your actions were willful and whether the alleged violation justifies a finding of contempt. If the court determines that you were in contempt, it may impose penalties, such as fines or corrective measures. In some cases, the court may allow you to "purge" the contempt by taking specific actions to comply with the order, such as paying overdue child support or allowing makeup parenting time.

To defend against a motion for contempt effectively, it is important to prepare thoroughly and follow all court procedures.

In a contempt case, the court may require the party found in contempt to pay the attorney’s fees of the other party. This is common in family law matters where one party has violated a court order, such as failing to pay child support, denying parenting time, or refusing to comply with a custody arrangement.

The rationale for awarding attorney’s fees is to compensate the non-violating party for the expenses incurred in enforcing the court order. Without this provision, the wronged party might face significant financial burdens simply for seeking compliance with an order already issued in their favor.

To request attorney’s fees, the aggrieved party typically includes this demand in their Motion for Contempt. At the contempt hearing, they must demonstrate that the other party willfully violated the order. If the court finds the violation was intentional, it may order the contemnor (the party in contempt) to reimburse the legal fees and court costs of the motion.

It is important to note that the awarding of attorney’s fees is at the court’s discretion and may depend on factors such as the severity of the violation, the financial circumstances of the parties, and the necessity of legal intervention to enforce the order.

When the Child Support Enforcement Agency (CSEA) files a contempt action, it is typically in response to a parent’s failure to comply with a child support order. CSEA acts on behalf of the child and the custodial parent to enforce payment obligations and ensure the child’s financial needs are met. Contempt actions are filed in the court that issued the original child support order, and the non-compliant parent (referred to as the obligor) is summoned to appear at a hearing.

Penalties for Contempt Filed by CSEA:

If the court finds the obligor in contempt for failing to pay child support, the penalties can include:

Fines: The obligor may be ordered to pay a monetary penalty.
Wage Garnishment: The court may require automatic deductions from the obligor’s wages to satisfy the support obligation.
Payment Plans: The obligor might be ordered to comply with a repayment plan to address arrears.
License Suspension: Professional, driver’s, or recreational licenses can be suspended until compliance is achieved.
Interception of Funds: Tax refunds, lottery winnings, or other income can be intercepted to satisfy unpaid child support.
Jail Time: In severe cases, particularly for repeated or egregious violations, the court may impose jail time. However, the court often provides a purge order, allowing the obligor to avoid jail by meeting specific conditions, such as paying a lump sum toward arrears.

CSEA contempt filings are a powerful enforcement tool designed to ensure compliance with child support orders. If you are facing a contempt action from CSEA, consulting with an attorney is highly recommended to navigate the process and explore options for resolving arrears or defending against the allegations.

Choose the Amount of Support You Need

Limited Scope Representation

A lawyer helps with specific parts of your case, like drafting documents or attending a single court date, while you handle the rest. It’s a cost-effective way to get legal support where you need it most.

Full Representation

A lawyer handles every aspect of your case, from start to finish, giving you comprehensive support and peace of mind throughout the legal process.