What if your former spouse or partner doesn’t follow the terms of a court order or written settlement agreement? Can they be held in contempt? Can they be forced to comply?

In family law cases, a person can only be held in contempt for failing to pay court ordered support to child or for paying support a spouse … or for violating a court Order in the presence of the Court, of course.   For all other non-support related matters, a motion for enforcement is the only way to seek compliance with the agreement or Order.

In family law cases, the failure to pay child support or spousal support (alimony) may result in a finding of Contempt.  A finding of Contempt may result in the imposition of fines or even incarceration.   To find someone in Contempt of Court, there must first be a violation of a valid Court Order and a finding that the violation was willful and intentional. The person who is alleged to have violated the Court Order must be given notice of the hearing date and time and must be advised in the notice that a finding of contempt may result in his or her incarceration.

Contempt and Enforcement actions are complicated legal matters.