Contempt of Court can occur when someone fails to obey an existing Court Order. For a person to be in “Contempt of Court”, there must be: (1) a Court Order that clearly imposes an obligation, (2) an ability by that person to comply with the Court Order, and (3) a willful refusal by that person to obey the Court Order.
In a family law situation, there are times when one of the parties (either the former husband or the former wife) fails to comply with an Order issued by the family law court. When these circumstances occur, the other party may want to take some type of action which will make the uncomplying party obey the existing court Order. One of the options available for the party seeking compliance with the existing Order is the filing of a Motion for Contempt and Enforcement.
Requirements of a Motion for Contempt and Enforcement
A. Requirements for Motion for Contempt/Enforcement. Before a Motion for Contempt and Enforcement can be successfully filed, the following requirements must be satisfied:
1. Existence of a Court Order that clearly defines an obligation that the other party must comply with. For example, if the Court Order states that the Father must pay the Mother $100 in child support on or before the 10th day of each month until the child reaches the age of 18, then the Father’s obligation to make monthly child support payments appears to be clearly defined.
2. Ability of the Obligated Party to Comply with the Court Ordered Requirement. This means that if the Court ordered the Father to make monthly child support payments to the Mother, then the Court must receive evidence shows that the Father has the financial ability to make those monthly payments.
3. Evidence which shows that the Obligated Party has willfully refused to comply with the existing Court Order. For example, if the Father sill has the income and/or assets which would enable him to make the monthly child support payments, then this requirement would be satisfied. On the other hand, if the Father is no longer employed and/or no longer has the assets necessary to pay child support; and can show the Court that he has diligently sought other employment or other options which can help pay the child support, but has been unsuccessfully, then this requirement may not be satisfied.
Sanctions resulting from a Motion for Contempt and Enforcement
B. Sanctions Court May Impose If A Party Has Ability To Comply With Existing Order But Refuses To Do So. If the Court determines that the noncompliant Party has the ability to comply with the existing Order but intentionally refuses to do so, then Court may impose one or more of the following sanctions:
1. Incarceration. If the Court determines that the noncompliant party has intentionally refused to comply with the Court’s Order and has the ability to comply with the Order, then the Court has the authority to incarcerate the non-compliant party. The purpose of the incarceration is to put pressure on the non-compliant party and try to force them to comply with the Order. If the noncompliant party initiates action to comply with the Order, then the incarceration will end.
2. Fines. Another means for the Court to address the contempt issue is to Order the noncompliant party to pay a fine as a penalty for their noncompliance.
3. Other Sanctions. Depending on facts and circumstances regarding a Party’s noncompliance, the Court may order other sanctions. For example, if a Party is employed but refuses to pay child support, then the Court may order a wage garnishment.
For more information contact Max Factor.