Contempt of Court in Family Law: What It Is & Its Punishment

Oct 6

6 min read

Image of a judges desk as they writer something with a fountain pen.

When you’re going through a divorce or dealing with family law issues like custody, child support, or spousal support, the court’s orders are meant to be followed. But what happens when one person decides not to play by the rules?

That’s where “contempt of court” comes in.

Going through the Family law courts can already be stressful enough without worrying about whether the other party is respecting the judge’s orders. If they aren’t, you may need to ask the court to step in. On the flip side, if you’ve been accused of contempt, you’ll likely feel anxious about what that means for you.

We’ll break down what contempt of court means in family law, examples of it, the potential punishments, and what you can do to avoid winding up in contempt yourself.

What is contempt of court in family law?

Contempt of court basically means disobeying or disrespecting a court order. In family law, this can look like one party ignoring or refusing to follow the terms set out in a divorce decree, custody agreement, or support order.

Courts take this seriously because their role is to create enforceable orders that keep families stable. If one person refuses to comply, it undermines the whole system and can cause real harm, especially to children.

There are two broad types of contempt:

Civil contempt: This is more about compliance than punishment. The goal here is to get someone to follow the court’s order. For example, if a parent doesn’t pay child support, the judge might hold them in contempt until they catch up on payments.
Criminal contempt: This is less common in family law, but can happen if someone blatantly disrespects the court (like yelling at the judge) or keeps ignoring orders even after warnings. Criminal contempt is more about punishment.

In most cases, when we talk about contempt, we’re dealing with civil contempt.

What constitutes contempt of court in family law?

Not every slip-up or late payment will land someone in contempt. Courts understand that divorces and related cases can be emotional for those involved, and sometimes mistakes can happen. But willfully and repeatedly ignoring orders is a different story.

Here are the most common situations in family law that lead to contempt cases:

Contempt of court for child support

Child support is one of the biggest areas where contempt comes up. If a parent is ordered to pay child support but doesn’t, the court can step in.

Some examples of contempt for child support:

Refusing to make payments altogether.
Consistently paying late without a valid reason.
Underpaying on purpose when the person can afford more.
Hiding income or working “under the table” to avoid paying.

The court usually gives people a chance to make things right. But if a parent is clearly refusing to support their child financially, contempt charges can follow.

Contempt of court for child custody

Custody and visitation orders are designed to keep kids’ lives stable. When one parent disregards those rules, the court may intervene.

Examples of contempt for custody include:

Refusing to let the other parent see the child during their scheduled time.
Consistently dropping the child off late or not at all.
Taking the child out of state or out of the country without permission when the order requires approval.
Coaching or pressuring the child to avoid the other parent.

Custody violations are often emotional, but the court’s main concern is always the child’s best interest.

Contempt of court for spousal support

If alimony is ordered, both parties are expected to comply.

Contempt issues for spousal support include:

Failing to pay alimony at all.
Making partial payments without court approval.
Quitting a job intentionally to avoid paying.
Hiding assets or income to reduce support obligations.

While it may not seem as urgent as child-related issues, spousal support is still a binding order that the court expects to be followed.

What happens when you file contempt of court?

If you believe your ex-partner is ignoring a court order, you can file a motion for contempt. This is basically asking the court to step in and enforce its order.

Here’s how the process usually works:

File the motion: You or your lawyer submits paperwork to the court explaining which order was violated and how.
Service of motion: The other party must be officially notified of the motion.
Court hearing: Both sides appear in front of the judge. You'll need to show proof that the order was violated (like missed payments, text messages, or visitation logs).
Judge’s decision: The judge decides whether contempt occurred. IF yes, the judge can order remedies, like payment plans, make-up visitation time, or even fines.

It’s worth noting that the burden of proof is on the person filing for contempt. You’ll need solid evidence, not just accusations.

What happens if you are found in contempt of family court?

If the judge rules that someone is in contempt, the consequences can range from mild to severe, depending on the situation and the rules in your state.

Possible penalties include:

Payment plans: If it’s about money, the judge may order a catch-up plan.
Make-up time: In custody cases, the parent who lost out on visitation time may be given extra time.
Attorney’s fees: The person in contempt might have to pay the other side’s legal fees.
Fines: Monetary penalties are common.
Wage garnishment: For unpaid support, the court can order direct garnishment from paychecks.
Driver’s license suspension: Some states suspend licenses until support is paid.
Jail time: This is usually a last resort, but it can happen in serious or repeated cases.

Judges generally don’t want to throw people in jail, especially for child support, because it makes it harder to earn an income. But if someone flat-out refuses to comply, jail is a real possibility.

What to do if you are found in contempt

Being found in contempt of court isn’t the end of the world, but it is a wake-up call. If the judge has decided you didn’t follow the court’s orders, it’s on you to fix the situation.

Here’s what you should do:

Understand the judge’s orders clearly

Don’t leave the courtroom confused. Ask your attorney (or the judge, if you’re representing yourself) exactly what you need to do to get back in compliance.

Take immediate action

If the judge ordered you to pay missed child support or alimony, start making payments right away.

If it’s about custody, honor the schedule from this point forward. Showing effort goes a long way.

Keep proof of compliance

Document everything. Keep receipts for payments, record drop-off and pick-up times for visitation, and save all communication.

If the other side claims you’re still not complying, you’ll have evidence.

Work with your attorney

If you’re struggling to comply (maybe because of job loss, illness, or relocation), talk to your lawyer about filing for a modification of your divorce decree.

Judges are more likely to work with someone who’s honest about their situation than someone who simply ignores the order.

Don’t ignore deadlines or hearings

If the court sets a deadline for you to make amends, meet it. Missing deadlines only makes things worse.

Similarly, never skip a contempt hearing, which can lead to harsher penalties, even jail.

Show respect and willingness to change

Judges can tell the difference between someone who is trying and someone who is defiant.

Being respectful, apologizing when appropriate, and showing effort can make a huge difference in how the court treats you moving forward.

How to avoid being found in contempt

Nobody wants to deal with contempt charges. The good news is you can usually avoid it by being proactive and responsible.

Here are some tips to avoid being found in contempt:

Follow court orders exactly

Even if you disagree with the order, follow it.

You can always file for a modification later, but ignoring it will only make things worse.

Communicate early and honestly

Judges appreciate honesty and effort.

If you can’t make a payment, or if something comes up with visitation, let the other parent (and sometimes the court, depending on your custody agreement or divorce decree) know right away.

Keep records

Save proof of payments, communication, and visitation. This protects you if the other side claims you violated the order.

Seek modifications when needed

Life changes, jobs are lost, people move, and kids’ needs evolve.

If the order no longer works for your situation, go through the legal process to get it changed. Don’t just ignore it.

Respect the process

Even if things get heated with your ex, remember that the court’s orders are legally binding.

Staying respectful helps keep you out of trouble.

Final thoughts

Contempt of court in family law is no small matter. It’s the court’s way of ensuring its orders are taken seriously and that families, especially children, get the support and stability they need.

If you’re the one considering filing contempt, know that you’ll need strong evidence and patience. If you’re the one facing contempt, don’t panic - but don’t ignore it either. Take steps to fix the issue, communicate, and if necessary, get legal advice.

At the end of the day, contempt isn’t about punishment as much as it’s about compliance. Courts want people to follow through on their obligations, so families can move forward without constant legal battles.