Enforcement and Contempt Actions

What is an enforcement action in a family law case?

A legal action brought by a former spouse or partner against the other for failing to comply with his or her obligations set forth in a court order.

What is a contempt action in a family law case?

A type of enforcement action when one party willfully violates a clear term or obligation within a court order. In this event, the non-violating party may seek an order to enforce the obligation AND an order holding the violating party in contempt of court.

What happens if I am found in contempt?

If the Court finds that a party has willfully violated their obligation in a court order, it has various tools to enforce its order and/or to punish a party for the violation depending on the circumstances, including attorney’s fees, fines, and, in some extreme cases, incarceration.

My former spouse is not paying child support. Can I file an enforcement action?

Yes. The failure to pay child support and alimony are very common enforcement actions. If the terms of child support are clearly spelled out in a court order and your former spouse is failing to make those payments, then you can file a motion for enforcement and/or contempt.

For legal advice on pursuing or defending an enforcement action, please click here to schedule a consultation with Attorney Larkin.