What if the other party in my case is not following a court Order?

There are times when the other party does not follow a family court Order.  For good reasons or bad, that person just does not want to comply with what he or she is supposed to do.

A person can file a Motion for Contempt asking the court to find someone has not done something.  If the court finds someone has not followed a court Order, has the option of finding a person in contempt and ordering that person to pay the other person’s attorney fees and court costs.

Filing a Motion for Contempt involves several steps which include:

  • Drafting a Motion, an Affidavit with supporting texts, emails, invoices, etc., an Order to Show Cause and a proposed Order.
  • Obtaining a Motion date from the court.
  • Filing the documents and paying the necessary court filing fee.
  • Finding out from Court Administration if the court has signed the Order to Show Cause and if so, serving the other party with the documents.
  • Attending the hearing to speak with the judge about the case.

A Motion for Contempt can be an effective tool to have a person file a court Order. However, there are some circumstances that affect when a Motion for Contempt should be brought.  Using this tool requires planning and strategy especially if a prior court Order requires parents to go to mediation first before bringing a case back to court.

Do you have questions about your divorce or custody case?  Contact experienced family law attorney Jessica L. Sterle to schedule a consultation by calling (218) 722-2655.

Jessica Sterle