Contempt of court

Mom or Dad isn't paying child support. The other parent won't allow a visitation with the child. The custodial parent is not sending the child to school or doesn't take them to the doctor. Both parents are not deciding major issues. There are many issues that custodial and non-custodial parents have. The system of divorce decrees and marital settlement agreements are rarely big enough to cover all the issues that could come up after a divorce. There are options. If the final judgment covers the issues you can hold them in "contempt of court". If they fail to respond to contempt then the court could hold them in jail until they comply.

What is contempt of court? Contempt of Court is when the court issues an order for failing by deliberate action to follow judges' instructions either out of court or in court.

When to use contempt of court: When the custodial parent or non-custodial parent is not following an item as described in the divorce decree. Contempt is used as a means of enforcement where the judge maintains jurisdiction over the parties until the child/children usually until they are 18.

Does filing a motion for contempt work?: In most cases, yes. Contempt is a court proceeding. The court has the authority to force the violator to pay a fine, perform the activity that was being complained of, pay a fine, pay attorney fees and court costs and in some cases force the violator to go to jail.

What to do when contempt fails? The options vary state to state. Consult a legal professional for options that would apply to your situation and state.

If I file for contempt of court what can the court do? The court has the authority to force the violator to pay a fine, perform the activity that was being complained of, pay a fine, pay attorney fees and court costs and in some cases force the violator to go to jail. The court can also combine one or more of those things.

How does the contempt proceeding work? Motion for contempt will allow you to set a proceeding. Each state has different rules but most have a hearing in front of a special master or commissioner. This frees up the judges to hear other matters. However, don't be fooled because the commissioner or special master act in the judges' place.

How do I use the option of contempt?: In most states you file a motion of contempt.

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