Can a former spouse be held in contempt of court?

If your former spouse has failed to comply with a court order, you can seek relief from the court by filing a motion to hold the other party in contempt. Technically, a contempt action is appropriate anytime a party violates any provision of the decree or order.

When to file contempt of court motion in divorce?

Contempt typically arises when one party refuses or otherwise fails to abide by the terms of the court-approved settlement, divorce decree or other court order. If your former spouse has failed to comply with a court order, you can seek relief from the court by filing a motion to hold the other party in contempt.

What to do if your ex is in contempt of court?

Propose a resolution – Your goal in filing for contempt is to get the offending party to comply with the court order. It’s often enough to just show your ex that you are willing to go to court.

How can I be found in contempt of court?

To be found in contempt, it must be proven that the accused party: Lacks just cause or excuse for the violation. The burden of proof lies on the person filing the motion for contempt, so be sure you have solid evidence that an order was willfully violated if you choose to seek remedy from the courts.

Can a lawyer file a motion for contempt of court?

The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions.

Propose a resolution – Your goal in filing for contempt is to get the offending party to comply with the court order. It’s often enough to just show your ex that you are willing to go to court.

How does a contempt hearing work in divorce?

The burden of proof lies on the person filing the motion for contempt, so be sure you have solid evidence that an order was willfully violated if you choose to seek remedy from the courts. At the hearing, you will have to swear to tell the truth before you present your case. As the party alleging contempt, you will probably speak first.

How to deal with an ex spouse withholding child visitation?

If your attorney reaches out to the custodial parent (or the custodial parent’s attorney) with a letter stating that the interference with visitation is unacceptable, and you are willing to go to court to enforce your rights, it may be enough to encourage the custodial parent to comply with the visitation order and schedule your make-up time.

Can a noncustodial parent file contempt of court?

By contrast, if the noncustodial parent fails to return the child to the custodial parent on time or at all, or intentionally and repeatedly violates visitation times, the custodial parent can file a contempt motion. Being held in contempt of court is a serious matter that should not be taken lightly.

What happens if you disobey a court child custody order?

In this situation, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows the state where the parent has taken the child to issue an emergency order to return the child home. The important thing to remember, regardless if you are the custodial or noncustodial parent, is to always abide by the court child custody order.

Can a spouse be held in contempt of court?

Ways in which a divorce order can be violated include failing to pay spousal support, failing to pay child support, or hindering the right of the other spouse to see the couple’s children according to the visitation plan arranged by the court. If you are in this situation, you may want to file a motion to hold your ex-spouse in contempt of court.

Is there jail time for contempt of court?

These can extend to jail time until the non-compliance ends, but a judge does not always order jail time in these situations. You should remember that the purpose of a contempt order is not to punish your ex-spouse for what he or she failed to do, but to give your ex-spouse an incentive to comply with the divorce order moving forward.