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Orange County divorce lawyer; The Maggio Law Firm

What Violations of Divorce Orders Justify A Contempt Filing?

Orange County divorce lawyer; The Maggio Law FirmIn 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.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.



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