When dealing with child custody or child support orders in Alabama, it’s natural to expect everyone to follow the court’s instructions. After all, court orders aren’t mere suggestions. But what happens if your ex isn’t the rule-following kind and won’t stick to the plan a judge has laid out for them? Whether it’s missed child support payments or ignored custody schedules, contempt actions can be an effective and powerful way to hold them accountable. With this in mind, here’s what contempt is, how it works in Alabama, and what you need to know to take action.
What Is Contempt in Alabama Family Law?
Contempt, in simple terms, means willfully disobeying a court order. This usually comes up when one parent refuses to follow custody arrangements, doesn’t pay court-ordered child support, or otherwise disregards a judge’s ruling. The purpose of a contempt action is to enforce the court’s authority and make sure the violator follows orders from here on out.
To bring a contempt action in Alabama, you need to show (1) there is a valid court order in place, (2) the other person is aware of the order, and (3 they are intentionally refusing to follow it. It’s not enough to prove they missed one child support payment or showed up late to a custody exchange once; the court will look for a pattern of noncompliance or outright refusal to cooperate.
Filing a Contempt Motion for Custody and Support
The first step in an action for contempt is to file a motion with the court. Your motion will explain how the other party has violated the court’s order and ask the court to intervene.
Upon receiving your motion, the court will schedule a hearing. At the hearing, you and your ex will each have a chance to present your side of the story along with any supporting evidence you have that could strengthen your case.
If the court finds your ex in contempt, it can address the situation in various ways. How will depend on the nature of the violation and what the court believes is an appropriate way to resolve it.
For unpaid child support, the court might order wage garnishment, seize tax refunds, or even hold the nonpaying parent in jail until they pay what they owe. If custody violations are the issue, the court could impose stricter rules to prevent future problems or modify the custody arrangement if it has proven too difficult to follow. The judge might also require the violating parent to pay the other parent’s attorney’s fees and court costs.
Remember, the court’s goal isn’t to punish for the sake of punishing. Its goal is to fix the problem while reinforcing that court orders are binding. That’s why remedies often focus on addressing the harm caused by the violation and encouraging compliance moving forward. Courts in Alabama want to see resolutions that benefit children and families, so while penalties like fines or even jail time are possible, the court’s purpose in using them is to get the order back on track.
FAQs About Contempt Actions for Child Custody and Support in Alabama
If you’re considering filing a contempt motion in Alabama, you probably have questions about the process. Here are a few common concerns people have.
What if my ex says they couldn’t afford to pay child support?
If your ex claims they couldn’t afford to pay child support, and that’s why they didn’t, the court won’t just take their word for it. The court will look into whether their failure to pay was willful.
If the violator has lost their job or faced unexpected financial hardship, the judge might allow them to catch up. However, if the court finds that they ignored their obligation and have no interest in fixing the situation, it is a different story — a story the court won’t take kindly to.
Can I file for contempt if my ex is consistently late for custody exchanges?
Yes, repeated lateness is a violation. While minor delays may not seem serious in isolation, a pattern disrupts children’s routines and causes unnecessary stress for them and you.
What if my ex refuses to return the kids after a visit?
Refusing to return children as scheduled is a serious custody violation and an emergency issue. The court may take immediate action to address this, especially if there are concerns about the children’s safety.
Do I need a lawyer to file a contempt motion?
While you can represent yourself in a contempt action, having a skilled and experienced Alabama family law attorney can make the process smoother while helping you avoid mistakes. In addition to providing strategic advice, they’ll help you gather evidence, file paperwork correctly, and present your case effectively in court.
Find an Alabama Family Law Attorney to Support Your Contempt Motion
Dealing with a co-parent or ex who will not follow court orders can be incredibly frustrating, but an experienced Alabama family law attorney can help. At Summit Family Law, our Alabama team of legal professionals has extensive experience helping clients through all aspects of contempt actions and at any point in the process. Whether you seek to enforce an order or have violated one, we are tough but empathetic and can help you move forward confidently.
With offices conveniently located in Birmingham and Huntsville, we are here to support you. Contact us today or schedule a consultation.
