Contempt

When a person is not following the court order, the proper way to handle it, is by the filing of a contempt action, formally known as an enforcement.  The order that is being requested to be enforced must be specific and clear.  If an enforcement is filed and the order is not specific, the Court can clarify the order to become specific.

If an enforcement is filed for failure to pay child support, denial of possession, other related child issues, and spousal support, the person filing the enforcement may request jail time of up to 180 days.  If the court finds the person in contempt, the court generally awards the person filing attorney’s fees.  Depending on the type of enforcement will depend on the remedy available.  Enforcement for child issues have statute of limitations.

An enforcement for property is not enforceable by jail time, but there are many remedies available to collect a civil judgment once the enforcement is granted.  Generally, if the enforcement is granted, attorney’s fees are generally awarded. Enforcement for property issues have statute of limitations.

We have handled numerous enforcements on child issues, property issues, and spousal support.