A family law contempt action can be a civil or criminal process which is used when one party is in violation of a court order. In the civil context, the goal of the action is to correct the problem, but if criminal contempt is pursued, the violating party pay be sentenced to five days in jail per violation. Family law orders are often ignored by one or both parties causing significant frustration for both sides throughout the case. It is an expensive and lengthy process to enforce court orders and the parties regularly end up disappointed by the court’s treatment of the violations.
The word “contempt” is frequently used to describe one party’s violation of a family law court order. For example, if one parent fails to make a court-ordered child support payment, the other parent might tell his or her lawyer that the supporting parent is in “contempt”. However, despite his or her violation of a court order, a person is not in contempt of court until that finding has been made by a judge. Therefore, if you wish to pursue a contempt action, you will have to file that request with the court before the other party will actually be in “contempt”. In addition, the general public is familiar with terms such as contempt. In a support case, the supported spouse may want to hire a lawyer to “contempt” the other side if he or she is not paying support.
Although contempt is a common method of relief shown on television and in movies, it might not be the most practical in the family law area. Considering the child support example, sentencing a non-paying party to jail time might cause him or her to lose wages or even his or her employment. In family law, attorneys often caution clients not to “kill the goose that lays the golden egg”. If the supporting spouse loses his or her job, he or she will be unable to pay support. This discussion also comes up in contentious divorce cases where a vindictive spouse may want to use information acquired during marriage to get the other party fired from his or her job. Unfortunately, an unemployed spouse cannot provide financial support to his or her former spouse and children.
The family code provides litigants with a myriad of options to enforce court orders, especially child support orders. It is advisable to consult with a certified family law specialist before filing an action for contempt. Such actions may cause more harm than good in your family law matter.
Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.