What We Do – Contempt
CONTEMPT
Contempt in relation to child support refers to the willful and deliberate failure of a parent to comply with a court order or judgment regarding child support payments. When a parent fails to pay child support, they may be held in contempt of court, which can result in severe legal consequences, including fines, wage garnishment, and even imprisonment.
Contempt proceedings can be initiated by either the custodial parent or the state’s child support enforcement agency. The custodial parent or agency must prove that the non-paying parent had the ability to pay child support but refused to do so, thereby violating the court order or judgment.
If found guilty of contempt, the non-paying parent may be ordered to pay past-due child support and could face additional penalties. In some cases, the court may order the non-paying parent to perform community service, attend parenting classes, or seek employment if unemployed or underemployed. Overall, contempt proceedings are an important tool for enforcing child support obligations and ensuring that children receive the financial support they need from both parents.
Types of Contempt
Civil Contempt
This type of contempt is used when a non-custodial parent fails to pay court-ordered child support. Civil contempt is meant to coerce the non-paying parent into compliance, and may result in fines, wage garnishment, or other penalties.
Criminal Contempt
Criminal contempt is used when a non-custodial parent willfully and intentionally violates a court order, and the court finds that their behavior is disruptive to the court’s ability to function or undermines the court’s authority. Criminal contempt may result in imprisonment or other criminal penalties.
Indirect Contempt
Indirect contempt is used when a non-custodial parent violates a court order by failing to follow a court directive other than paying child support. Indirect contempt may result in fines, community service, or other penalties.
CONTEMPT PROCEEDINGS
Contempt proceedings can be initiated by either the custodial parent or the state’s child support enforcement agency. The custodial parent or agency must prove that the non-paying parent had the ability to pay child support but refused to do so, thereby violating the court order or judgment.If found guilty of contempt, the non-paying parent may be ordered to pay past-due child support and could face additional penalties. In some cases, the court may order the non-paying parent to perform community service, attend parenting classes, or seek employment if unemployed or underemployed.Overall, contempt proceedings are an important tool for enforcing child support obligations and ensuring that children receive the financial support they need from both parents.
A lawyer can assist you in filing for contempt of court against the other parent in the following ways:
1. Advising on the legal process:
We may be able to guide you through the legal process of filing for contempt of court and explain the steps involved.
2. Gathering evidence:
Help you gather evidence to prove that the other parent has willfully violated the court order or judgment. This may include financial records, communications between you and the other parent, and any other relevant documents.
3. Drafting legal documents:
Help you draft the legal documents necessary to file for contempt of court, including the motion and supporting affidavits.
4. Representing you in court:
Represent you in court and argue on your behalf before the judge, presenting evidence and making legal arguments to support your case.
5. Negotiating a settlement:
In some cases, we may be able to help you negotiate a settlement with the other parent outside of court, which may include a payment plan for past-due child support or other terms to bring the other parent into compliance with the court order.
6. Exploring legal options:
Explore your legal options and advise you on the potential risks and benefits of pursuing a contempt order, as well as any other legal remedies that may be available to you.