In Contempt Of Divorce Court
Many people get so caught up in the emotional tangle of divorce that they seem to forget that it is actually a legal act, and that the orders and laws that comes with a divorce decree must be followed. Those pieces of paper signed by the family court judge carries weight, responsibility and the potential to be held liable if they are not followed. Read on to learn more about running into trouble by being charged with contempt.
Divorce Orders
Divorce is not just one action, but can be several depending on several factors, such as children, property, debt and more. Additionally, not all orders come with the final decree, some can happen as soon as you decide to divorce and can continue throughout the process. It should also be noted that all orders pertaining to minor children never expire and are always left open. Orders that involve issues like custody, visitation and child support may need to be altered as circumstances change, as financial situations change and as the child grows older. Here are some common divorce-related orders that you might encounter during your divorce experience:
1. Child custody (temporary during the separation and permanent with the final decree).
2. Child support (naming who is responsible and the amount).
3. Child visitation
4. Provisions concerning who is responsible for paying health insurance for the minor child.
5. Debts (who must pay what debts)
6. Property (who get the house, etc)
6. Alimony or spousal support (this may be temporary during the separation, permanent or rehabilitative).
7. QDRO (though technically not part of the divorce decree, it allows spouses to share retirement account funds without incurring penalties)
Contempt Charges
The definition of contempt, in this instance, is not as readily apparent as it first may seem. It's not about refusing to obey an order, but more about willful disobedience. Contempt is:
1. Knowing about an order.
2. Understanding the implications but refusing to comply with it.
3. Being able to comply with the order but refusing to do so.
4. Disobedience of the order without a valid excuse.
Here's an example of disobedience that might not qualify as contempt. A parent took a minor child out for a scheduled visitation to the ballgame. The parent needs to return the child back to the custodial parent by 9pm, since it's a school night. On the way home, they had car trouble and ended up arriving several hours too late. It's not considered contempt since they had unexpected problems. When you consider whether or not the other parent is guilty of violating an order, be sure that you are not accusing without proof and validity.
Punishments
For someone to be jailed for contempt, it must be a particularly egregious act. Most often, it's a deadbeat parent who refuses to honor the child support agreement who ends up behind bars. Even then, the courts recognize that a parent who is jailed is not very likely to get caught up on payments. The punishment threatened is meant to be a deterrent, but do not just disregard the judge's orders in your divorce settlement. Contact a firm, like Madison Law Firm PLLC, for more help.