Courts can punish parties for failing to comply with court orders by issuing a finding of “contempt.” Contempt actions normally arise in family law after a divorce has already been finalized, and one party fails to comply with the settlement agreement. For example, the failure to pay child support could cause a contempt action to arise. In order for a party to be held in contempt of court, the court must find that the offending party willfully violated a court order.

If a court finds that a party willfully violated an order, the court can punish the offending party by simply ordering the party to comply with its order or to pay the innocent party’s attorney’s fees. The court can even order the incarceration of the offending party until the party complies with the court’s order. A party can be held in contempt for any violation of a court order, but a contempt action typically arises when a party has failed to pay child support or alimony. Other violations that may rise to a contempt action include failure to allow visitation or failure to transfer property as required under a court order. It is important that all parties comply with a court’s order. No judge will tolerate a party who willfully disobeys an order. If your ex-spouse is willfully violating a court order by failing to pay child support or allow visitation, please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 to schedule a consultation. It should also be noted that it is important the original divorce order is clear as to the parties’ obligations in order to preserve the parties’ rights to seek a contempt order from the court in the future. In many divorces, the parties will enter into a settlement agreement. That settlement agreement is later incorporated, by reference, into the court’s final order of divorce; therefore, the parties’ agreement becomes the court’s order. Thus, it is important that the parties’ settlement agreement clearly identifies exactly when obligations arise, what the party’s obligation is and how that party’s obligation should be satisfied.