Court orders are serious maters but sometimes a party refuses to comply. In cases like this, a motion for contempt & enforcement may be your best remedy.
What do I have to prove to prove the other party is in contempt?
A party subject to a court order (such as a final judgment of dissolution of marriage) may be held in contempt for violating that order. The party bringing the contempt/enforcement action against the non-compliant party must prove that the other party “willfully failed” to abide by the court order. This essentially means that the non-complying party must have known about his or her obligations and purposefully failed to abide by the court order. A contempt action must be based on more than just mere forgetfulness from the non-compliant party. Additionally, if it is impossible for the party to abide by the court order, it is unlikely that the motion for contempt & enforcement will be granted.
What are the consequences for being in contempt?
Consequences for being in contempt vary but can include: attorney’s fees and costs to the compliant party, modifications of existing agreements and court orders, or even incarceration. If a motion for contempt has been filed against you or if you would like to file a motion for contempt/enforcement, contact us so we can assist you.
