Negotiations were unpleasant, but you’re happy to have a court order. Unfortunately, celebrations will be short-lived because you discover your ex has already decided that compliance isn’t their strong suit. They have no intention of following the rules, putting them in contempt.
Whether it’s missed payments or ignored custody schedules, non-compliance isn’t just frustrating; it’s a legal issue. So, what can you do when your ex won’t follow the rules? Here’s what you need to know.
What is contempt, what are the possible consequences, and how can it occur in family law?
When you ignore court orders, putting you in contempt of court, you risk legal consequences, such as fines, wage garnishment, and jail time, depending on the circumstances of your case. In family law, contempt often comes up when someone misses child support payments, refuses to follow a custody schedule, or ignores court orders to divide property in a certain way.
There are other ways to be in contempt as well. If one party does not follow through on their end of the deal, the aggrieved party can take them to court to enforce the terms they’ve ignored. Courts take such non-compliance seriously, given that these court orders protect others’ health and well-being, including children.
Judges don’t expect perfection. Therefore, they will be reluctant to dole out punishments for minor or occasional infractions. What judges will take seriously, though, are those who scoff in the face of a court order to the detriment of others, especially children.
Someone displaying blatant disobedience should expect to face a judge’s wrath and, depending on the nature of the violation, face the accordant consequences. Frequent contempt by one party may even be grounds for modifying the agreement in some circumstances.
How can you prove contempt in court?
As with any legal matter, the more evidence you collect, the better likelihood you will have to prevail in a court action. Whenever there is a violation, create a written record, which should include the date of the incident, a brief description, corroborating evidence — text or email messages, receipts, evidence of missed payments, witness testimony — and the names and contact information for those witnesses.
Beyond having evidence to support your claim the opposing party is in contempt, you will need to demonstrate that they knew about the court order, had the means to comply, and willfully disobeyed it. In other words, you must show they intentionally failed to comply with a court order rather than didn’t comply due to a misunderstanding or circumstances beyond their control.
What should you do if your spouse or ex isn’t complying with a court order?
If your spouse or ex-spouse isn’t complying, you can take several steps to protect your rights. As stated above, document any and all violations by keeping detailed records of missed visits or payments, as well as any other violations. Save all correspondence, in particular, evidencing patterns of non-compliance.
Remember that involving the court shouldn’t be your first course of action. Before you turn to the court system, attempt to resolve your issue by communicating directly with your spouse or ex-spouse. Often, a direct conversation can result in resolution of the issue. Clarify the terms of the court order and what they have done to violate it, and ask why they aren’t complying.
If you don’t get anywhere with a conversation, document your efforts and evidence of non-compliance, and contact an Alabama family law attorney. They can help you understand your options and advise whether you have a strong case for contempt.
Should your attorney think you have a contempt case, they will file a motion with the court. Doing so will result in a scheduled hearing where you and your ex can present evidence to support your claim. Based on the evidence, a judge will decide whether they will enforce the court order by imposing the penalties detailed earlier, among others.
It should be noted that not everyone who violates a court order will be deterred by court intervention from doing it again. Many divorce clients end up in court again due to being repeat violators who “know best” or because they have no regard for authority. Having an Alabama family lawyer available on speed dial for immediate assistance can help with logistics while providing you with peace of mind.
When dealing with an ex’s refusal to follow the agreement, your lawyer will contact them on your behalf and attempt to resolve the situation without court intervention first. If your ex is unwilling to cooperate, your lawyer will involve the court and let a judge decide whether to enforce the agreement under their oversight.
Find an Alabama family law attorney to enforce a court order with a contempt action.
Dealing with someone who refuses to follow through on a court order can be exhausting. The good news is that you don’t have to handle it alone. At Summit Family Law, we’ll work with you to protect your rights and hold your ex accountable.
Our team of Alabama family lawyers understands how stressful and exhausting it is to deal with a non-compliant individual. With offices conveniently located in Huntsville and Birmingham, we are here to support you. Call us today or schedule a consultation.
