St. Louis Divorce & Family Law Attorney - The Betz Law Firm

St. Louis Divorce & Family Law Attorney - The Betz Law Firm

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contempt of court

What Happens if My Ex-Spouse is in Contempt of Court?

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If you feel that your ex is intentionally violating a court order and need help with proceeding, we can help!

Going through a divorce is hard enough mentally and emotionally. But when your ex is failing to comply with the terms of your divorce ruling, it makes it all the more stressful and challenging.

If your ex-spouse has failed to comply with a court order, you can seek relief from the court by filing a motion to hold your ex in contempt. Therefore, if you feel that your ex is intentionally violating a court order and need help with proceeding, contact The Betz Law Firm.

What Does Being in Contempt of Court Mean?

A person can be held in contempt of court for many different reasons. Examples include refusing to turn over subpoenaed evidence, refusing to pay court-ordered child support, or improperly communicating with jurors outside the courtroom.

The term “contempt” refers to any offense where a person is disobedient to or disrespectful toward a court of law or interferes with its orderly process.

Holding another party in contempt is a powerful tool to help individuals hold their ex-spouse accountable for violating a court-ordered divorce ruling. A contempt of court is essentially an action taken when the other party violates the terms set out by the court.

Reasons Your Ex-Spouse May Be in Contempt

During or after a divorce, contempt occurs when one party isn’t abiding by the terms of the divorce decree. A motion for contempt of court can be filed any time after your ex violates the court order in question. Some of the most common reasons for holding a person in contempt include:

  • Failure to pay child support
  • Late child support payments
  • Failure to pay spousal support
  • Failure to comply with property division ruling
  • Violating child custody agreements

Keep in mind that if you file a motion for contempt, the burden of proof is on you. This means that you will have to prove that your ex is in violation of a court order. For this reason, it is essential to have legal representation from an experienced divorce attorney during this process.

At The Betz Law Firm, we will handle filing the motion, arranging to have the motion served to your ex-spouse, and will help you build a strong case that the violation occurred.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

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Jul 27, 2021 @ 3:26 pm

St. Louis Family Law Attorney Discusses Contempt of Court

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Contempt of court involves a spouse or parent disobeying a court order, an act that unfortunately our firm has much experience with.

Going through a divorce is often a complicated and difficult process. However, when a spouse or parent is in contempt of court, an already difficult situation may get even harder. Violation of custody and support agreements are taken very seriously in the state of Missouri.

If one parent violates the terms laid out in the agreement, he or she can be subject to punishment by the court. This could include but is not limited to, fines and jail time.

Contempt of Court and Child Support

The court system has many ways that it can enforce orders, but one of the most effective is the ability to hold a person in contempt. Being found in contempt can result in fines and jail time. However, in the case of child support, it must be shown that the party is able to pay or voluntarily put themselves in a position where they cannot pay.

Once a St. Louis court has accepted a child support agreement between a divorcing couple, the non-custodial parent is obligated to make the payments accordingly. If the parent fails to do so, they will be found in contempt of court and this is a punishable offense.

Before a contempt of court order is filed, there are other forms of enforcement our legal team can try. Some of these include:

  • Wage Deduction
  • Income Tax Refund Interception
  • Drivers License Restrictions
  • Passport Restrictions

Dealing with a parent that is violating their court orders is a sensitive issue that requires a clear understanding of how the law works so as to protect your rights and those of your children. It is important to seek out experienced St. Louis divorce attorneys when you are dealing with such a situation.

Contempt of Court and Child Custody

When a St. Louis court agrees to a custody arrangement, they are doing so with the best interests of the children involved. So, when a custody agreement is violated, it is particularly disturbing because it means that it is interfering with the children’s ability to spend quality time with the non-custodial parent.

There are a number of scenarios that can involve contempt of court and child custody. Some of these include:

  • Communication interference
  • Not allowing visitation
  • Not allowing visitation for non-payment of child support
  • Taking the child without the other parent knowing or giving permission
  • Not complying with a visitation schedule

Dealing with this situation can adversely affect the children that are involved. A qualified St. Louis Family Law Attorney will help ensure that you restore an arrangement that is in the best interest of your children.

Contact a St. Louis Family Law Lawyer

The Betz Law Firm takes the violation of child support and custody orders as seriously as the St. Louis family court system does. The orders were made to protect the children involved and provide them with the best environment, one that they can thrive in.

Contact us today by calling (314) 801-8488 or fill out our online contact form to request a free and private consultation. Our goal is not to put disobeying parents behind bars, but to get them to act responsibly and in the best interest of their children.

Aug 2, 2019 @ 3:55 pm