Enforcing a Court Order/ Filing a Motion for Contempt
What do I do when my ex won’t follow the Court Order?
The short answer is you file a Motion for Contempt. The Judge will listen to you explain how the other side isn’t following the Order, and will enforce the Order. The Judge can Order anything that will fix the problem: a repayment plan, make up time for missed parenting time, instruction to the other side that their understanding of the Order is incorrect, parenting classes, and even incarceration in some circumstances. In some circumstances, the Judge can Order the other side to pay your attorney’s fees.
Deciding it is time to file, is a harder decision. Make sure that you have proper documentation of the issues. Have you discussed the issue with the other side in writing? When your ex-spouse violates your court order, email them. Give them a short description of what the issue is, what the Court Order says about the situation, and what you think the proper solution is. Try not to be argumentative. Ask them how they think the problem should be solved. Remember that this communication will likely be shown to the Judge if you and your ex- can’t reach a decision together, so at all times be polite and kind. If you have discussed the issue with your ex and the issue hasn’t resolved, it could be time to file a Motion for Contempt. A single violation is not always enough to justify court action, but don’t let things continue for a long time without seeking help. Sometimes, simply a letter from an attorney will fix the problem you are having. Give me a call, or schedule a consult so we can discuss your situation.
What Is Contempt?
Simply put, when you have a court order, and either person isn’t doing what the court order says, they can be found in Contempt. In order to be found in contempt, the Court has to find that the person could have done what the court order says, they just chose not to. This can be when someone does not pay child support, when they don’t list the house for sale, or when they don’t provide you with the information the court order says they have to.
What Can The Court Do About It?
At Court, the Judge can do anything to fix the violation of the court order, as long as they don’t modify the court order. Common remedies are ordering repayment plans, make up time for lost parenting time, or giving someone a deadline to do what they are supposed to do and setting a new hearing to make sure they have accomplished it.
Attorneys Fees
When the Judge decides that the other person could have complied with the court order, they just refused to do so, they can grant you an award of attorney fees. Awards of attorney fees are common in contempt cases, but never guaranteed. After all, if they had done what they were supposed to, you wouldn’t have had to pay any attorney fees. Judges realize this. When they other side really could have complied, and there is a statute authorizing it, they frequently give you some of the money back that you paid toward attorneys fees.
