During divorce proceedings, family law judges can order different arrangements for the involved parties to follow. Just because a particular agreement becomes a court order, however, doesn’t necessarily mean the parents will abide by its terms. If your ex has violated an order regarding asset division, legal decision making, parenting time, or some other aspect of the split, you may be able to enforce it by bringing a contempt action. 

A Guide to Contempt Actions Under Family law

What is a contempt action?

If your ex fails to comply with an aspect of the divorce decree, it’s called contempt of court. To enforce the mandate, request a hearing so a judge can determine if contempt charges apply.

If they do, your ex will have to comply. They may also face penalties for violating the order in the first place. Potential penalties include fines, jail time, counseling, and parenting classes. 

What might warrant a contempt hearing?

As long as your ex willfully violated a court order, you may take legal action. Common examples include ignoring debts, refusing to allow parenting time, and failing to pay child support. 

How do you proceed with a contempt action?

To bring a contempt action against your ex, file a motion in the same county where the arrangement was originally ordered. Upon completing any associated declarations or affidavits, you’ll have to serve your ex. A hearing will follow, and both you and your ex will get the opportunity to present your cases. 

Do you need to hire an attorney to file a contempt action?

While it’s possible to petition the court for contempt charges without legal counsel, it’s advisable to hire a lawyer. An attorney will help you complete all essential documents accurately before filing them with the appropriate parties. Your lawyer will also help you gather the evidence needed to present a strong case at the hearing so you can achieve the most favorable outcome possible. 

If your ex has violated your divorce decree, turn to the knowledgeable team at the Law Offices of Lenkowsky & Fontenot in Bullhead City, AZ. As a full-service family law team, they assist with prenuptial agreements, alimony, domestic violence cases, and legal decision making. Since 1985, they’ve helped clients resolve complicated disputes. To request a consultation and start your contempt action, reach out on their website or call (928) 758-4815.