What Violations of Divorce Orders Justify A Contempt Filing?
In the event of a violation of an order stipulated in the final decree of divorce, the court has the right to take immediate penal action against the party held in contempt of court. A contempt of court can result in either civil or criminal penalties, in accordance with the seriousness of the violation and its impact on the well-being of the other party. There are several scenarios wherein you can file a motion for contempt of court against your ex-spouse.
Child or spousal support orders
In case your spouse refuses to make a contribution towards the child or spousal support ordered by the court of law in the final decree of divorce or makes late payments on a regular basis, you can report the issue to the legal authorities as a contempt case and request adequate corrective action. In addition to this, a spouse who only pays a portion of the amount ordered as a contribution to the child or spousal support will also be held in contempt of court and instigate a penalty of some kind.
Child custody and visitation
Child custody and visitation are two of the most frequently violated aspects of a court order. There are several cases wherein one parent intentionally tries to violate the other partner’s right to exercise his or her share of the joint custody or parental visitation schedule. A failure to adhere to the parental plan crafted by the court of law as a part of the final custody arrangement is a major offense that is viewed as a contempt of court and commands stringent punitive actions. However, it is important for you to gather substantial evidence in the form of documents or soft copies of emails, text messages or other communications that might prove the violation.
Failure to seek employment
More often than not, when a court instructs a partner to seek employment for earning their livelihood, it is viewed as a mere suggestion and not a full blown order. If an individual intentionally fails at finding a job or means of livelihood as directed by the court in the final decree, he or she is liable to be tried in a contempt of court proceeding. In other words, a person’s willful failure to obtain some kind of work or training to fulfill his/her obligation of supporting his/her children will be held in contempt of court.
If you find that your ex-spouse is violating any court orders mentioned in the decree of divorce, you can seek legal consultation from an attorney and file a contempt action with the court.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.
Child custody cases have been known to cause even more stress, contention, and heartbreak than a divorce. Custody cases where parents were not married can be even more difficult. But…