Contempt of a Court Order
When a parent violates a court order, it may be necessary to file a petition for Contempt of Court. Contempt cases allow a judge to enforce a previously issued order with available penalties such as payment of past due money, make-up custody time, or even jail confinement. Critical aspects of any contempt case include:
Documenting that an order was issued to the party in violation.
Proving the violation of the court order.
Demonstrating that the violation was deliberate.
FAQs
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Yes, you can likely file for contempt if there is an order in place and your ex is intentionally refusing to follow the terms set out by the judge.
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Yes, a judge can issue an order to incarcerate a person in contempt. It's important that you hire an attorney in a contempt case, particularly if incarceration may be requested.
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It may be difficult for your ex to prove that you intentionally refused to pay child support if you have been unemployed, unable to find another job, and lack the funds to pay the amount you are required to pay.