What is a Contempt?

Dec 12, 2010 by

What is a Contempt?

A party subject to a valid court order (such as child support, spousal support, or visitation) who, with knowledge of the order and the ability to comply, fails to comply with the terms of the order is subject to a contempt adjudication and statutory contempt penalties.

Orders enforceable by contempt include:

  • Support Orders: Child, spousal and family support orders are based on an obligation arising out of marriage and parentage and are imposed by law. They are not money judgments in civil actions for the payment of a “debt” within the meaning of the constitutional guaranty against imprisonment for debt and thus clearly are enforceable by contempt.
  • Child Custody & Visitation Orders: Child custody and visitation orders do not impose a “debt” obligation. Thus, e.g., the court may invoke its contempt power against a parent who unjustifiably interferes with the other parent’s court-ordered visitation rights or violates an injunction restraining relocation with the children.
  • Attorney Fees/Costs Orders: Need-based attorney fees and costs are awardable by statute in marital proceedings. The award is based on a law-imposed obligation (not arising out of a money judgment for a “debt”) and thus is enforceable by contempt.
  • Property Division Orders: A spouse who refuses to relinquish a specific item of property or to pay over a portion of a specific fund of money pursuant to a community property division order is subject to enforcement by contempt. The obligation is “law-imposed” (not a “debt”) because based on the parties’ statutory right to an equal division of community property upon termination of marital status.
  • Restraining Orders & Family Court Protective Orders: The court may properly invoke its contempt power to compel compliance with valid protective orders and restraining orders issued in a domestic relations proceeding.
  • Failure To Comply With “Declaration Of Disclosure” Requirements: A spouse who has complied with the statutory “declaration of disclosure” requirements in marriage dissolution proceedings has various statutory remedies against the other spouse who has failed to comply. One such remedy is a motion to compel a further response. If the noncomplying spouse fails to file a sufficient response, the complying spouse may seek monetary sanctions “in addition to any other remedy provided by law.”

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