How to File Contempt of Divorce Decree in NY

It is a terrible idea for an ex-spouse or other party to simply not follow the stipulations laid out by a New York court order. This principle applies across many kinds of cases, including divorce proceedings.

Stepping outside of the lines of the court's authority in this way can lead to a contempt motion being filed. The information below provides essential information for parties involved in these kinds of circumstances, including what the filing process looks like.

Understanding Contempt of Court in Divorce Cases

Contempt of court, in this context, is a serious offense that occurs when a party disobeys a lawful court order in a divorce case. In New York, when a party violates such an order, doing so can result in severe penalties, including fines and jail time. Understanding the landscape of such matters is essential to navigating the divorce process.

As is the case in many other kinds of family law cases, it is highly recommended to retain the services of a trusted NY attorney if the best possible outcome is to be sought. They can also advise on how to get a copy of my divorce decree in NY. Do not simply allow a former spouse or other relevant party to ignore their obligations where there is evidence of same.

Types of Contempt

Technically speaking, civil and criminal contempt of court are the two known types. However, they fall under the categories of direct and indirect contempt, which will be covered as well.

Civil contempt occurs when a party willfully disobeys a court order, such as failing to pay court-ordered child support. This is said to be a coercive violation (the idea is simply to influence the offending party to follow the order), and it will usually be categorized by the rights of the non-offending party being harmed.

On the other hand, criminal contempt obstructs justice or demonstrates behavior that affects the execution of court operations. It is characterized by a sense of intent on the part of the offender. A punitive violation occurs here, as the court will aim to punish the offending party to assert authority.

Direct Vs. Indirect Contempt

Direct contempt occurs when a party disobeys a court order in the presence of the judge, while indirect contempt occurs when a party violates the order while the judge isn't around.

Who Can Be Held in Contempt of Court

Any party in a divorce can be held in contempt, including spouses, attorneys, and witnesses. Such persons can be held in contempt for disobeying any type of court order, including those related to child support, spousal maintenance, child custody, and property division. This is not a matter that courts take lightly, which is why it tends to be a last resort.

Requirements for Filing a Motion in New York

The motion of contempt must be filed in the same court that issued the original court order. It must be served on the other party, who will have the opportunity to respond. The court will consider the alleged circumstances and determine whether to hold the violator in contempt.

Parts of Contempt Findings

Whether a spouse or other party fails to pay child support, transfer property, or commit another violation, there must be several elements in place for contempt to be at play:

• A court order must exist with no ambiguity.

• The offending party must have known about the order.

• Evidence must support that the order was ignored or intentionally opposed.

• There must be an injured party (one who was caused harm) associated with the disobedience.

If an ex-spouse fails to make maintenance payments after a divorce, for example, the affected person may move to file contempt. The attorney representing the person who didn't receive the expected spousal support will aim to demonstrate where the elements above are at play.

Gathering Evidence for a Contempt Filing

Evidence can include documents, such as financial or communication records, which demonstrate the other party’s failure to comply with the court order. Witness statements can also be used, such as testimony from a child custody evaluator or a financial expert. The evidence must be sufficient to prove that the other party willfully disobeyed the court order.

Filing Contempt in Court

The motion must be filed with the court clerk and served on the offending party. Upon receipt, there will be a chance to defend against the matter. A court hearing will be scheduled to determine whether to hold the violator in contempt.

It is highly recommended to get this filing done through an experienced attorney. Note that while the lawyer will serve the papers and assist throughout the process, the burden of proof falls on the affected party.

Penalties for Contempt of Court in New York

The associated penalties for contempt of court can include fines, jail time, or both. Other consequences, such as a judgment against the violator or an order to complete a specific task, may be imposed. Any penalties will depend on the circumstances of the case and the severity of the contempt. For more information, an experienced Albany family attorney may be able to help.

For example, while not always the case, civil contempt will typically be punished with fines. However, a former spouse who violates a protection order by entering the other person's home and committing an act of domestic violence will likely face jail time.

Defending Against a Contempt Motion

A party can defend against contempt by presenting evidence that they did not willfully disobey the court order. They can also argue that the order was unclear or ambiguous or that they were unable to comply with the order due to circumstances beyond their control.

Recall the four elements of contempt findings above. Defenses will typically aim to imply that one or more of them do not apply to the situation.

Protection of Rights in a Divorce Case

Working with an experienced attorney is the best way to protect rights in divorce proceedings. Doing so helps those involved to navigate the contempt process in a way that considers their best interests. A family lawyer is also a key part of favorable negotiations and will offer excellent legal representation in court.

Schedule a Free Consultation Today with an Experienced Family Law Attorney in NY

Filing contempt can be a complex and time-consuming process. Furthermore, there is no guarantee of a particular outcome, especially in the absence of a qualified legal professional.

Divorce & Family Legal is known for its best-in-class legal representation of clients in these kinds of matters. If you are in a situation where contempt is at play, schedule a free consultation with us today!