Orders issued at the conclusion of divorce proceedings often impose ongoing obligations on the parties involved. These obligations can include paying alimony or child support, dividing a pension or retirement account, or selling a home. In cases where parents share joint legal custody of their children, both parties must consult each other regarding significant decisions affecting the children's welfare. Parenting plans often specify the rights of parents to physical custody or visitation with the children at designated times. Unfortunately, it is not uncommon for parties to occasionally fall short in fulfilling their responsibilities. Noncompliance may sometimes be inadvertent, but in many instances, it is intentional.
A motion for contempt serves as the primary mechanism for enforcing court orders. Generally, a motion is a formal, written appeal to the court requesting intervention in a particular matter with a goal of achieving specific relief. Contempt is characterized by the willful violation of a clear, unambiguous court order. Therefore, to succeed on a motion for contempt, the party filing the motion must demonstrate that the other party violated a court order willfully or intentionally. Given this requirement, the noncompliant party may present evidence to argue, for example, an inability to comply with the order or a genuine misunderstanding of its terms. In alimony or child support cases, the payer might argue a lack of financial ability to make payments. Ultimately, it will be up to the court to decide the factual accuracy of these claims based on the circumstances and evidence presented during the trial.
If the moving party prevails on a motion for contempt, the court will likely issue orders requiring the noncompliant party to fulfill their obligations. The court may also impose penalties, which could include ordering the noncompliant party to cover the legal fees and court costs incurred by the moving party in pursuing the motion, or imposing sanctions. In extreme cases, particularly involving unpaid child support, the court might order incarceration for the noncompliant party for a specified duration or until a designated sum, often referred to as a "purge amount," is paid towards the overdue balance.
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If you have any questions regarding motions for contempt in divorce cases, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
