CONTEMPT

What Is Contempt In A Divorce or Separation Case?

CONTEMPT IS

FAILING TO FOLLOW A COURT ORDER

Contempt issues occur after there has been an Order entered, either by a judge or by consent of the parties, and one party does not follow the terms of the Court Order. When you fail to follow an order, the other party can threaten to file a Motion for Contempt against the opposing party. You can be charged with contempt of court when you intentionally ignore or violate a valid court order. Examples of contempt issues would be if you violate the following orders in your separation or divorce agreement:

  • Child custody order
  • Child support order
  • Visitation or time-sharing order
  • Domestic violence restraining order
  • Temporary partner/spousal support order

NC CIVIL COURT

PENALTIES FOR VIOLATING CIVIL COURT ORDERS

NC LAWS

Establishing Contempt in North Carolina

There are two (2) types of contempt in North Carolina – “civil contempt” and “criminal contempt”
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CHILD SUPPORT

A judge may hold a parent in contempt if they have refused to pay the full amount of child support ordered. Not only will the non-paying parent have to pay the child support that is owed, they may also be subject to the following penalties:

  • Garnishment of wages and/or income
  • Seizure of real and personal property including car or home
  • Seizure of insurance settlement
  • Lien on business or home for child support owing
  • Loss of occupational or professional license
  • Loss of driver’s license and passport
  • Interception of tax refund
  • Payment of other parent’s attorney’s fees
  • Federal criminal prosecution
  • Negative credit report
  • Fines, and
  • Jail time.
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CHILD CUSTODY

Common violations include: one parent keeping the children from the other parent, even though there is a court-ordered custody schedule in place; one parent bashing the other parent in front of the children; or one parent not allowing the children to talk on the phone to the other parent, even though the custody order provides that they can. Depending on what language is in your custody order, you could be subject to one or more of the penalties listed below:

  • Fines
  • Modification to the child custody agreement
  • Compensatory visitation
  • Jail time
  • Payment of your attorney fees by the other party
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VISITATION

Visitation violations may include:

  • Overstaying a visit with the child
  • Not dropping off or picking up the child at the predetermined place or time
  • Attempting to change the visitation schedule without the court’s authorization
  • Allowing a person to pick up the child without authorization from the court
  • Attempting to visit or contact the child at outside the times listed in the visitation order
  • Denying a parent of his/her visitation rights according to the order
  • Fines
  • Compensatory visitation
  • Jail time
  • Payment of your attorney fees by the other party

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Civil Contempt

N.C.G.S.& 5A
In order to have someone held in civil contempt you must prove: 1) the offender has the ability to comply, 2) the order is still in force, and 3) the refusal to comply must be willful. It is required that the order be in writing and filed with the clerk.
On the right are the NC Civil Contempt laws per Article 2.

Criminal Contempt

N.C.G.S.§ 5A
In order to have someone held in criminal contempt you must prove:
On the right are the NC Criminal Contempt laws per Article 2.