After your case is finalized, you may require an additional legal counsel to enforce an order. For example, you may not be receiving the spousal support or child support that you were awarded and are entitled to receive. When a party fails to comply with the Court’s order, the Court can hold the non-compliant party in contempt upon request of the wronged party.
The most common contempt issues in family cases include failure to execute the settlement agreement, to pay child support or spousal support, to reimburse children’s expenses, or to honor the parenting plan.
To be found in contempt, the court must find that that the non-complaint party both did not follow the order and also that the failure to follow the order was willful. For example, if the non-compliant party did not pay child support as ordered, but it was because he or she was in the hospital and unable to work, the court may find that the failure to pay support was not willful. In that case, the party would not be held in contempt.
If the non-compliant party is found in contempt, the court can order a number of remedies ranging from requiring compliance with the court’s order to incarceration until the party complies with the order. The non-compliant party can be ordered to pay the wronged party’s attorney’s fees.
If you need to enforce an order, our attorneys can help you file a contempt action and advise you on the remedies available to you. If you served with a contempt action, an attorney can help you minimize the risk of incarceration or other negative consequences. To schedule a consult, contact us at 404-480-2701.