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.