Being in Contempt of Court in Family Law Matters
Being held in contempt of court can sound frightening. But if you are faced with a parent who refuses to comply with an existing court order, contempt may also be an important enforcement tool. In family law, civil contempt orders are one way judges can ensure compliance with child support, child custody, and visitation orders.
These orders can carry significant consequences. In certain circumstances, parents who owe back child support may be found in contempt of court. If that happens, a judge may order jail time until the parent pays the overdue child support—known as arrears—or takes steps toward compliance.
At Stange Law Firm, PC, we represent parents in enforcement proceedings involving unpaid child support, denial of visitation, and other violations of family court orders. For many of our clients—and for the parties they take action against—the possibility of a contempt finding is very real.
Talk With a Lawyer About Contempt
Civil contempt law is nuanced and can be difficult to navigate without legal guidance. It is strongly recommended that you speak with an experienced family law attorney rather than attempt to handle these matters on your own. At Stange Law Firm, PC, we work closely with clients through every step of the enforcement process.
We provide the personal attention clients need during stressful legal disputes. Our attorneys give clients their cell phone numbers, respond promptly to emails, and communicate important case information through Your Case Tracker, our confidential online portal. When documents are added to Your Case Tracker, clients can view them immediately and submit questions or comments directly to their attorney.
Defenses to Contempt of Court
In many contempt cases, we work with our clients to identify potential defenses. While laws vary from state to state, two commonly recognized defenses often arise:
1. The Parent Did Not Disobey the Existing Court Order
A parent may demonstrate that they complied with the order or that the alleged violation did not occur. Sometimes misunderstandings or miscommunications form the basis of a contempt motion, and these can often be addressed with proper documentation and evidence.
2. The Parent Was Unable to Comply With the Order
A parent may show that they lacked the ability to comply, despite reasonable efforts. This defense is especially relevant in child support cases where a parent has lost employment, suffered a health setback, or encountered financial hardship. Courts typically require clear evidence of inability, not simply inconvenience or unwillingness.
Because contempt laws differ between jurisdictions, it is critical to speak with an attorney who understands the procedures and legal standards in your state.
Contact a Multi-State Civil Contempt Lawyer to Schedule a Consultation
To learn more about the law on civil contempt of court, contact our contempt of court lawyers online or by phone to schedule a confidential consultation.
