What Happens When One Ex-Spouse or Co-Parent Does Not Follow the Court’s Orders
When a judge issues an order in a divorce or custody case, whether it is about child support, parenting time, or property division, that order is not just a suggestion. It is legally binding. If one party refuses to follow it, the other party can file a motion for contempt.
What does contempt mean?
Contempt is a legal finding that someone has willfully disobeyed a court order. In the divorce and family law context, it often comes up when a parent refuses to follow the custody or parenting-time schedule, one party does not pay child support or maintenance (alimony), or a spouse fails to turn over property or follow other terms of the divorce decree or settlement agreement.
There are two types of contempt:
– Civil contempt, which is used to force compliance with a court order (e.g., “You will stay in jail until you turn over those documents”)
– Criminal contempt, which punishes past behavior (e.g., a fine or jail for ignoring a custody order)
In family law, civil contempt is more common, but both can have serious consequences.
If your ex-spouse or co-parent is not complying with a court order, your attorney can file a motion for contempt. This asks the judge the issue an order requiring the other party to appear in court and “show cause” why they should not be held in contempt.
At the hearing, the burden is on you to prove (1) there is a valid court order, (2) the other party knew about it, and (3) they willfully disobeyed it without a valid excuse. If the judge finds that the violation was intentional, they can impose penalties.
Contempt can be serious, and Kentucky judges have wide discretion imposing sanctions. Possible consequences can include fines, payment of the other party’s attorney’s fees, make-up parenting time, wage garnishment or interception of tax refunds, and jail time.
The goal is not always punishment; it is often to get compliance. For example, a judge might order a parent to allow make-up time for missed parenting time or give someone a deadline to pay back child support before additional penalties are imposed.
If you have been accused of contempt, you will have the opportunity present a defense. Valid defenses can include that (1) you did not know about the order, (2) you were incapable of complying, and (3) the other party is misrepresenting what happened.
If your ex-spouse or coparent is not following the court’s orders or if you have been accused of contempt, an experienced family law attorney can help you work through the process to either enforce compliance or defend you.