Contempt – when used as a legal term – refers to the willful disobedience of a court order. Family law matters are no exception to this concept, as courts hand down formal orders related to divorce, child custody, domestic violence, etc. all the time.
When one party deliberately fails to follow court-ordered obligations, such as child support, custody schedules, spousal support or visitation terms, the other party may file a motion for contempt. Alternatively, a judge may simply choose to hold the culpable party in contempt to make a point.
What does this mean for the person in contempt?
Orders from a family court judge carry the same legal weight as those in any other court. These orders are intended to protect the interests of children, spouses, etc. and to promote fairness between parties. If a parent refuses to return a child after their parenting time, withholds support payments without cause or otherwise disregards the court’s direction, for example, they risk being found in contempt.
There are two main types of contempt in family court: civil and criminal. Civil contempt is usually intended to compel compliance. For example, a judge might order someone to pay overdue child support or comply with a parenting schedule or face further penalties. Criminal contempt, on the other hand, is punitive. It is typically used when a person’s actions show blatant disrespect for the court or when past violations have not been corrected.
Penalties for contempt of family court can vary. They may include fines, wage garnishment, temporary modification of parenting time or even jail time in more severe cases. A court might also award attorney’s fees to the party forced to file the motion.
With that being said, not every failure to follow a court order is considered contempt. Sometimes circumstances change unexpectedly, such as job loss or illness, and a parent may fall behind on obligations. The court generally expects the person in that situation to seek a formal modification rather than simply stop complying.
Being held in contempt of family court is a serious matter. Seeking legal guidance can help you to better understand your rights.