In fact, sending the father to jail could make the situation worse because he won’t be able to earn a living while incarcerated. What are the consequences of breaking divorce decree by not paying child support? In this example, the father would still be responsible for paying the child support ordered unless (and until) he requests and is awarded a modification of child support-but it’s unlikely the court will send him to jail. For example, if a father stops paying child support because he lost his job, that action probably wouldn’t be enforceable by contempt, though the court may put other remedial measures in place. The court’s goal is to “fix the problem” by getting people to comply with the orders and through rehabilitation when possible. Filing for contempt of court divorce settlement charges should only be done if your orders are actually enforceable by contempt and if your ex intentionally disregarded the orders, even though he or she had the resources to comply with them.
When should you file for contempt of court in divorce charges? People are willing to break laws, and they do so on a daily basis, so divorce contempt of court is more common than you might think. That doesn’t mean your ex will follow it. It’s also important to keep in mind: When you have an order, it’s a directive. This occurs far too often when people draft their own orders or hire an inexperienced attorney who drafts a divorce court order vaguely, rendering the orders unenforceable. Sounds simple, right? In reality, enforcing orders in a divorce decree or child custody agreement can be very complicated, especially if the orders weren’t drafted properly. The judge may then impose fines, jail time or other penalties to encourage compliance in a contempt of court in divorce case. If the judge believes your ex willfully violated orders in the decree, he or she could hold your ex in divorce contempt of court, where contempt is the remedy of the enforcement action. When your ex does not comply with your divorce decree, what steps can you take and what does it mean to hold in contempt of court divorce? If your ex-spouse willfully disregarded orders set forth in the decree, you may be able to file a motion for contempt of final decree of divorce.
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