In family law cases, court orders are not suggestions, they are binding legal directives. When one party fails to follow a court order, whether it relates to child custody, child support, visitation, or alimony, the other party has the right to seek enforcement. In North Carolina, the most common legal tool for this is filing a motion for contempt.
At James L. Jordan Law, we help clients understand how contempt works, when it applies, and how to use it effectively to protect their rights. If someone is violating a family court order, here is what you need to know.
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What Is Contempt of Court?
Contempt of court occurs when a person willfully disobeys a court order. In family law, contempt typically arises when one party fails to:
- Pay court-ordered child support or alimony
- Comply with a custody or visitation schedule
- Transfer property or assets as directed
- Follow terms outlined in a separation agreement or divorce judgment
Contempt is a serious legal matter. If the court finds someone in contempt, they can face penalties including fines, wage garnishment, or even jail time.
Two Types of Contempt in North Carolina
North Carolina recognizes two main types of contempt:
Civil Contempt
Civil contempt is used to compel compliance with a court order. For example, if a parent is ordered to pay child support and has the ability to pay but refuses, the court may find them in civil contempt and order them to pay or face further penalties. The goal is not punishment, but to force compliance with the order.
A person held in civil contempt can usually “purge” the contempt by taking a specific action, such as paying overdue support or returning a child for visitation.
Criminal Contempt
Criminal contempt is used to punish past disobedience of a court order. It may be used when someone shows blatant disrespect for the court, such as repeatedly ignoring orders or intentionally disrupting proceedings. Criminal contempt can result in fines or jail time, and unlike civil contempt, the goal is punishment, not compliance.
When Should You File a Motion for Contempt?
You may want to file a motion for contempt if the other party is:
- Failing to pay court-ordered support (child support or alimony)
- Denying your court-ordered visitation or custody rights
- Violating any other part of a final order or judgment
Before filing, it is important to determine:
- Whether the original order is clear and specific (vague orders are harder to enforce)
- Whether the violation was willful and not the result of an unavoidable circumstance (like job loss or illness)
- Whether you have evidence of the violation (such as missed payments, messages, or eyewitness accounts)
We recommend keeping detailed records of all violations, including dates, communications, and missed exchanges or payments.
How to File a Motion for Contempt
To begin the process, you or your attorney must:
- File a motion for contempt with the appropriate family court.
- Serve the motion on the other party.
- Attend a hearing where both sides present evidence.
At the hearing, the judge will determine whether the accused party knowingly and willfully violated the court order. If contempt is found, the judge will decide on appropriate penalties or conditions to purge the contempt.
What Happens at a Contempt Hearing?
During the contempt hearing:
- You must show that a valid court order exists
- You must prove that the other party had knowledge of the order
- You must demonstrate that the order was willfully disobeyed
The other party will have a chance to explain or defend their actions. If they claim inability to comply (such as inability to pay support), they must provide proof. The judge will decide whether the violation was willful and, if so, what sanctions are appropriate.
Possible Penalties for Contempt
If the judge finds someone in contempt, they may order:
- Immediate payment of support or a lump sum
- Make-up visitation or custody time
- Attorney’s fees paid to the moving party
- Fines or incarceration
- A deadline to comply to avoid further penalties
In some cases, a party may be jailed until they comply. For example, until they pay overdue support or turn over a child as required by a custody order.
Can You Defend Against Contempt?
Yes. Common defenses include:
- Lack of knowledge of the order
- Inability to comply due to financial hardship, illness, or other valid reasons
- Ambiguity in the order’s language
However, simply disagreeing with the order is not a defense. The proper way to change an order is through a modification motion, not non-compliance.
Final Thoughts
If someone is violating a court order and it is impacting your family, you do not have to tolerate it. Filing a motion for contempt is a powerful legal tool to enforce your rights and restore compliance. Likewise, if you are facing a contempt motion, it is critical to understand your legal position and prepare your defense.
At James L. Jordan Law, we represent clients on both sides of contempt actions. Whether you need to enforce a court order or respond to allegations of non-compliance, we will guide you through every step of the process with skill and clarity.
If you believe contempt may be an issue in your case, contact James L. Jordan Law today to schedule a confidential consultation.
