Family Law Advisor®
Frequently Asked Questions
- Contempt of Court/Enforcement -
1) What is contempt of court?
-
When a person willfully and deliberately violates a court order
without a legally sufficient excuse (such as impossibility) the person
is said to be in contempt of court.
2) So if there are no court orders outstanding and my former spouse
is not paying child support, there’s no contempt of court?
-
That’s right.
3) And if there is in violation of an order, what do I do?
-
You can file a complaint for contempt of court.
4) How?
-
Unlike filing a motion relating to a pending case, in most states
you have to file a new case called a complaint for contempt.
5) What does this entail?
-
You have to complete a complaint (usually using the court’s form)
and have the complaint, along with a summons, served on the other
party.
6) That sounds difficult. How much will it cost?
-
Unlike filing for divorce, courts generally don’t charge fees for
complaints for contempt.
7) Most court actions take forever and my children have to eat. How
fast can I get into court?
-
Usually fast--no more that several weeks in many areas.
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