FAMILY LAW -- CONTEMPT AND POST DIVORCE ISSUES
Stop wondering whether you should file a contempt motion. Let us provide you an honest, tough assessment of your contempt case.
If a party fails to abide by a term of the settlement agreement, parenting plan or any other part of the court order, they may be cited for contempt and compelled to rectify the situation.
In a child support contempt case, the judge is going to look at the reason why the non-custodial parent did not pay the child support amount. And, the court is going to see whether the non-paying party did anything to obtain relief from the support obligation prior to filing for the contempt.
Be aware that a custodial parent cannot waive their child's right to child support. And, the court will look to how much arrearage accumulated prior to you initiating litigation. The prosecuting party should be able to defend your actions should they be called into questions. Let us evaluate your case to determine whether you should proceed and whether you may be able to be awarded attorney's fees for your expense.
Sometimes contempt actions open the litigation floodgate to other modification actions. We advise our clients on the risks associated with litigation and what may transpire should you begin the contempt litigation.
