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Enforcement of Court Orders
It is likely the most frustrating part of a divorce case, when the opposing party refuses to comply with a settlement agreement or court ordered judgment in a case. Your remedy may be to file a motion for contempt in the court where the agreement was entered or the order issued. Contempt actions can result from any civil action and are not limited to divorce cases.
Contempt is used when other forms of encouragement have failed and a party simply refuses to follow the terms of agreements that they've signed, or orders as directed by the Judge. For example, a person may be held in contempt for failure to pay support or provide certain information or documents, to allow for regular visitation, or to turn over property. The court will hold a hearing where both parties are usually represented and will consider whether the failure to comply with court orders occurred at all, and if so, whether it was willful or occurred through no fault of the non-compliant party.
Contempt of court is punishable by up to six months in jail per count of contempt. A party may ask the court to award attorney's fees as an additional sanction where it appears, after consideration of all the evidence, that contempt was willful.