Divorce decrees outline how a couple’s marital assets should be divided, who is responsible for the debts, what the child custody arrangements look like, and the amount of child support or alimony payments. These court orders have legal ramifications if your former spouse refuses to comply with the custody schedule or make their payments on time.

A Guide to Kentucky Divorce & Contempt

What is contempt of court?

In broad terms, “contempt” is any action that is considered disobedient or disrespectful toward the court. In family law cases, this often means refusing to comply with a lawful, reasonable order—such as a divorce decree.

Failing to act in accordance with the decree, like refusing to pay child support or take a former spouse’s name off a debt, may result in contempt charges. Contempt charges can result in fines or jail time, depending on the issue.

Are contempt charges automatic?

Once the divorce decree is issued, the court won’t monitor the progress of your case to ensure both parties are following their obligations. If your former spouse is refusing to comply with the order, you’ll have to file a motion for contempt with the family court that originally presided over the case.

How do you file a motion for contempt?

The rules for filing petitions with the court vary from state to state. In Kentucky, you have to file a motion for a rule and hearing date with the court. This must include an affidavit describing exactly how your former spouse has violated the divorce decree.

Do you need an attorney?

For family law cases in Kentucky, attorneys aren’t required, and you have the right to file a motion for contempt on your own. However, the process can be complex and frustrating, and even minor mistakes can have a serious impact on a case’s outcome. Hiring a lawyer relieves this stress and uncertainty while maximizing your chances of success.

If your former spouse is refusing to pay child support or turn over property awarded to you in a divorce, trust the Law Office of Michael Davidson PLLC to help you achieve justice. They’re located in Lexington, KY, and these attorneys have helped countless clients navigate the complexities of the legal system during some of life’s most difficult experiences. Visit their website for more on their broad array of family law services, or call (859) 225-1717 to discuss your case with a seasoned, caring attorney.