Contempt of Court in a Family Law Case: The Basics

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Introduction

This publication gives general information about contempt in family law cases.  It covers only the type of contempt most commonly used in family law cases, here called “coercive civil contempt”.[Remedial] The main goal of “coercive civil contempt” is to have a person who is violating a court order obey that order in the future. 

The definition of contempt is: Contempt: An act designed to obstruct a courts order. A willful disobeying of a judge's order. Often fathers are found in contempt for willful failure of paying child support.  Often it is not willful (but is supposed to be to have a finding of contempt) but the court uses contempt as an enforcement procedure against fathers.

Contempt is the intentional disobedience of a court order.The key word is really is your violation “willful.”  Many people including attorney’s and judges confuse the fact that contempt means non compliance.  Noncompliance, in and of itself, is NOT enough.  You must intentionally and willfully not comply; which means that you have the ability to comply and purposely DO NOT comply!  This is key in defending against contempt for non payment of child support.  If you can demonstrate that you did not pay because you could not pay, there, by definition, NO Contempt!


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