A divorce decree is not a suggestion. It is a legally binding court order that is enforceable. When your ex ignores the terms of that order, you have the right to take legal action. From unpaid child support to violations of child exchanges, these breaches can have serious consequences.
At WSM, we are proud to represent women in Ohio, Indianapolis, Kansas City, Northern Kentucky, and Central Texas in enforcement and contempt proceedings. Whether you are seeking enforcement actions or have been accused of violating a court order, we’re here to help.
Call 380-212-3731 to schedule your free consultation.
Common reasons someone may be held in contempt include:
In some cases, the court may issue an enforcement order to compel a party to meet their obligations. Enforcement actions often involve:
Why Contempt Proceedings Matter
When your ex ignores the divorce order, those decisions can create stress, financial strain, and emotional exhaustion. You should not be left to deal with the consequences of their actions. Court orders carry weight, but enforcing those rights often requires actions on the party that has been adversely affected.
Remember, enforcement is not about getting revenge. Contempt proceedings exist to compel compliance following the issuance of a court order and to uphold the authority of the courts. By taking action through the courts, you can stand up for your rights by enforcing decisions that were made in your favor.
Your ex does not have the option of simply ignoring court orders. If they do, you can reclaim control by hiring an attorney.
You may have tried to be patient and flexible, but at some point, you have every right to take action if your ex refuses to abide by a court order. Common signs that it may be time to take enforcement actions against your ex include:
Any terms of a divorce provide potential grounds for enforcement actions seeking to find the other party in contempt, but it is important to remember that minor infractions may not be enough for a contempt finding.
Consulting with an attorney can help you better understand if you have grounds for enforcement. The courts often want to see that you tried to resolve the matter, but the other party refused to uphold their end of the bargain, or that there were repeated violations of a court order.
Contempt hearings are legal proceedings used to hold someone accountable for violating a court order, such as a divorce decree. If your ex is refusing to pay support, follow the parenting plan, or comply with any other terms of the agreement, you can file a motion for contempt.
This begins by submitting a formal request to the court that outlines how your ex has failed to meet their legal obligations. You will need to provide documentation or other evidence that shows a pattern of noncompliance.
At the hearing, both parties will have the opportunity to present their side. If the judge finds that your ex willfully violated the order, they may impose penalties. These can include paying your legal fees, wage garnishment, asset seizure, or even jail time in severe or repeated cases.
In parenting disputes, the court might award you additional time with your child to make up for what was lost. Working with an attorney ensures that your motion is properly filed and supported by strong evidence. At WSM, we guide our clients through the process with care and determination, always focused on getting results.
You may need to hire an enforcement and contempt divorce lawyer if your ex violates your visitation rights. Custody and visitation violations are common reasons one party seeks contempt hearings.
Emotions can run high if your ex refuses to allow you to see your child, changes the schedule without your consent, or manipulates your parenting time. Having legal representation can improve your odds of holding your ex accountable.
With the help of an attorney, you can document the violations, petition for make-up time or modifications to the order, or request emergency relief when the child’s safety is at risk. The courts take child custody violations seriously, but the allegations must be backed up with evidence.
An attorney can help you better understand what types of evidence you may need. Legal representation may also provide relief if your attorney is able to contact your ex’s attorney to negotiate a resolution to the violations.
If your ex is a little behind on child support or spousal support, that may be upsetting, but it doesn’t rise to the level of an emergency. There are many cases, though, where a violation of a court order creates an urgent need to take action in court.
If the other parent refuses to release your child, you can face a distressing situation that leaves you seeking immediate relief from the courts. In some situations, the other parent may even go so far as to bar you from seeing your child completely.
Other serious grounds for contempt hearings include stalking or harassment. In cases involving past abuse or threats by one spouse, courts often include provisions in the divorce order that prohibit the offending party from engaging in further harassment or contacting their former partner.
In these cases, a judge may order emergency relief. Temporary restraining orders, emergency custody changes, or emergency hearings can be requested to address serious concerns.
If your child has been withheld from you and you believe the other parent does not plan to return the child, a judge can issue an order for law enforcement to seize the child and return them to your care.
Courts take these acts of misconduct seriously. The parent who wrongfully withholds a child could face consequences that include loss of parenting time or changes to custody arrangements.
When your ex-spouse fails to comply with a court-ordered custody or support agreement, it can be emotionally exhausting and legally frustrating. But no matter how difficult the situation becomes, it’s important that you continue to follow the court order. Failing to do so—even in response to your ex’s behavior—could backfire and give them grounds to take action against you.
What to Do If Your Ex Violates a Custody or Support Order
If your ex is missing visitation, canceling parenting time without notice, or failing to pay child support, start by documenting each violation. Keep a detailed log of missed visits, late pickups or returns, and any unpaid or partial support payments. These records will be crucial if you need to take legal action.
While it’s often best to attempt a cooperative resolution first, especially when children are involved, sometimes enforcement is necessary. An experienced family law attorney can help you explore options like:
Mediation to renegotiate terms if the current order no longer works
Filing for modification of custody or support
Initiating enforcement through the court, which may include penalties for your ex
Judges may respond to serious or repeated violations by:
Modifying the custody order in your favor
Ordering make-up parenting time
Imposing financial penalties or even jail time in extreme cases
Child support doesn’t just go away. Even if your ex has financial difficulties, they are still legally obligated to pay what they owe—and unpaid amounts may accrue interest.
If informal solutions fail, enforcement actions can include:
Wage garnishment
Suspension of driver’s or professional licenses
Seizure of tax refunds or lottery winnings
Property liens
Payment of your legal fees
Fines or even jail in extreme situations
At WSM, we begin by seeking resolution through dialogue and mediation when possible—but we are prepared to act swiftly in court if your child’s needs are being neglected.
Being accused of violating a court order—especially when the accusations are false or exaggerated—can feel overwhelming. Sometimes, one party may try to use the legal system to retaliate or gain leverage.
Even if you and your ex informally agreed to changes in the parenting schedule or support, the original court order still stands unless officially modified. If you’ve been accused of contempt:
Stay calm and do not respond emotionally
Seek legal advice immediately to understand your rights
Gather documentation that shows your compliance or the informal agreements made
If your ex is violating the divorce order, don’t wait. The longer these violations go unaddressed, the more harm they can cause. WSM can help you take action, protect your rights, and find relief. Our enforcement and contempt divorce lawyers can help you understand your options. With a clear plan backed by solid evidence, you can secure a favorable outcome to your motion for contempt or enforcement.
Call 380-212-3731 today to schedule your free consultation. Let us help you enforce the order, restore your peace of mind, and move forward with confidence.
If you are accused of violating a court order, the first step you should take is to secure legal representation. A family law attorney who is familiar with your case can let you know your options. Having legal representation during an enforcement action can greatly improve your chances of avoiding serious penalties.
Yes. The courts have the authority to enforce their own orders through many means, including confining the violator in jail. Although jail is often reserved for serious violations or repeated violations of court orders, it is one possible outcome of an enforcement action.
You do not need an attorney to file a motion in family court, but having legal representation can greatly improve your chances of being successful. Filings must be accurate, and you’ll need to back up your motions with evidence and oral arguments before a judge.
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The information provided on this website does not, and is not intended to, constitute legal advice. All information and content available on this site is for general informational purposes only. The laws are constantly changing and can be interpreted differently by different judicial officers. The specific facts of your case could alter or otherwise render the information on this website inaccurate or otherwise inapplicable. WSM Law does not provide legal advice until a formal Engagement Agreement is signed by and between a client and the firm and an initial retainer payment is made; it is only after this that we can truly assess your case and provide legal advice.
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