Following a divorce, one party is frequently ordered to make support payments to the other. These payments may include child support or spousal support. There are also a number of other issues the Court’s order addresses. Unfortunately, some parties ignore court orders or refuse to make the ordered support payments. This is considered contempt of court in divorce. Duluth divorce lawyer David J. Ward knows how to seek enforcement. If you find yourself in a situation where your ex is not fulfilling his or her obligations under the Court’s orders, you need expert help. Contact the Ward Law Firm to discuss your options.
Contempt of Court in Divorce: When Should I File Charges Against My Ex-Spouse?
When someone ignores a court order, they may be found in contempt of court. When the Court holds a party in contempt, it has a great deal of discretion in fashioning a remedy to compel the offending party to come into compliance. It is also common for the offending party to be ordered to pay all fees and expenses associated with the filing of a contempt action, including court costs and attorney fees.
There are a number of reasons people file contempt actions. Some of the most common reasons are:
- Failure to pay alimony and/or child support
- Failure to abide by child custody and visitation orders
- Failure to take the steps ordered to facilitate the division of property ordered by the Court
At The Ward Law Firm, we understand the decision to file contempt charges is not an easy one. In rare cases, parties can come to an agreement to remedy the situation. However, in those cases where an agreement cannot be reached, you need a family law attorney by your side who understands contempt and enforcement proceedings.
Contempt of Court in Divorce: What Happens When Contempt of Court Is Filed?
In nearly all cases, ex-spouses who are receiving child support or spousal support need the income to support their household. The long-term financial problems that can result from not receiving these payments can be significant. Offending ex-spouses often give no thought to the potential financial disaster they have a hand in facilitating.
At the Ward Law Firm, we understand the decision to file a contempt action is not an easy one. Emotions often run high in any type of situation that involves money. Contact our office today and let us help you file the necessary paperwork to hold your ex-spouse in contempt of court. Depending on the severity of the issue, the court may elect to not only ensure you receive back payments, but your spouse may also be facing fines and jail time for their failure to uphold the terms of a court order.
Get Help from Duluth Divorce Lawyer David J. Ward
Keep in mind that there are a number of defenses available to a contempt action. Before taking action, it is critical that you discuss the situation thoroughly with a knowledgeable lawyer that can help guide you in pursuing the best course to achieve the results you deserve. Contact the Ward Law Firm today to schedule your REAL Case Analysis.