How do I enforce the Court Order?I often get the question, "What do I do when my ex-spouse doesn't follow the parenting plan?" It is a great question, but the answer isn't always what you want to hear. The short and simple answer is, "hire an attorney." I know it sounds awful. You went through all of this trouble to hire an attorney to get a divorce and parenting plan in place, and now you have to go back to Court just to make your ex follow it? I get it, I really do! However, there is a bright side. If your ex-spouse is found in contempt of court for failing to follow the court order, then you may be entitled to get your attorney fees paid.
WHAT ARE THE GROUNDS FOR CONTEMPT OF COURT?“(1) there is an actual violation of the court's order and either, (2) the alleged contemnor was able to comply with the court order, or (3) the alleged contemnor intentionally and contumaciously placed himself in a position so that he could not comply with the court's orders.”
In applying this standard, the movant (the person filing the contempt action) bears the burden of demonstrating a violation of the court's order. It is then up to the alleged contemnor to prove the inability defense by establishing that he or she did not intentionally bring about the inability.
WHAT ARE THE PENALTIES FOR CONTEMPT OF COURT?
The Penalties for being found in contempt of Court are fairly steep and include compensatory time, posting of a bond to ensure compliance, payment of damages, payment of attorney fees, and even jail time. The person being held in contempt is said to “hold the keys to the jail” as their release may be conditioned upon payment or compliance of the Court Order.
Learn more by going to Harris Law Online!