Court orders are meant to bring clarity, structure, and fairness during and after a divorce or custody battle. But what happens when your ex refuses to follow those orders, whether it’s about visitation, support payments, or property division? If you’re feeling frustrated, you’re not alone. Thankfully, family law provides a path for accountability: contempt of court.
Below, our friends from Vayman & Teitelbaum, P.C. discuss what to do if your ex isn’t following court orders.
Understanding what contempt means, and how to prove it, can help you take action and protect your rights.
What Is Contempt Of Court In Family Law?
Contempt of court occurs when one party willfully disobeys a court order. In family law, this often comes up in situations like:
- Failing to pay child support or alimony.
- Refusing to allow scheduled visitation.
- Ignoring orders to turn over property or comply with divorce terms.
- Disobeying restraining or protective orders.
To be clear, not every disagreement or misunderstanding qualifies as contempt. The key factor is willful noncompliance; your ex must have been aware of the order and intentionally chosen not to follow it.
Common Examples Of Contempt In Family Law
Skipping Child Support Payments
Your ex repeatedly misses payments without explanation, despite having the means to pay.
Withholding Visitation
One parent keeps the child from the other, ignoring the court-approved parenting schedule.
Refusing To Transfer Assets
After the divorce, your ex fails to follow through on giving you property or splitting retirement funds as ordered.
Disobeying Protective Orders
A court issues a no-contact or restraining order, and your ex violates it.
How Do You Prove Contempt?
To file a contempt action, you’ll need to demonstrate a few key things:
1. There’s A Clear Court Order
There must be a valid, signed court order in place that your ex had notice of. Verbal agreements or informal understandings aren’t enough.
2. The Order Was Willfully Violated
You must show that your ex knowingly and deliberately failed to comply. This is where evidence comes in.
What Kind Of Evidence Is Useful?
Documentation is your best ally. Depending on your case, you might gather:
- Bank records showing missed support payments.
- Text messages or emails where your ex admits to withholding visitation or ignoring orders.
- Screenshots from parenting apps or calendars.
- Police reports if a protective order was violated.
- Witness testimony from others who saw the noncompliance.
The more organised and factual your evidence, the stronger your case.
What Happens If They’re Found In Contempt?
If the court agrees that your ex violated the order, they may impose consequences such as:
- Fines.
- Payment of back support or reimbursements.
- Makeup visitation time.
- Attorney’s fees.
- Jail time in more severe cases.
The goal of contempt proceedings isn’t always punishment; it’s often used to compel compliance and get things back on track.
What If You’re Being Accused Of Contempt?
If you’ve been served with a contempt motion, don’t panic, but don’t ignore it. You’ll have the chance to explain your side. In some cases, genuine mistakes or unexpected circumstances (such as illness or job loss) may indicate that the violation wasn’t willful.
Still, it’s critical to speak with a family law attorney. A court won’t accept “I didn’t know” or “It wasn’t fair” as a valid excuse if you knowingly ignored an order.
Family Law Orders
Family law orders aren’t suggestions; they’re legally binding instructions designed to protect you, your children, and your financial stability. When one party doesn’t follow the rules, it creates chaos and stress. Contempt of court exists to restore balance and accountability.
If you believe your ex is ignoring court orders, don’t wait. Begin documenting the violations and consult with a family lawyer who can guide you through the subsequent steps.