Contempt Motions
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Posted: 02/24/2012
Contempt Motions
Contempt motions, in family law cases, may be filed when one of the parties has violated parenting time arrangements, failed to pay child support, failed to pay spousal maintenance, withheld property or relocated out of state, with a child, without court permission. If your former spouse has violated a court order, or if you are accused of failing to comply with the order of the court, our Michigan contempt attorneys can help.
Nature of Contempt
Contempt is defined as the disobedience of a family court order. Contempt is used to strongly encourage a party to comply with an order of the court. There are certain requirements that must be met for a court to make a finding of contempt, including:
- The court must have jurisdiction;
- The party filing a contempt motion must show what obligations were be performed under the order of the court and what constitutes their ex-spouse’s failure to perform; and
- The contemnor must be given an opportunity to be present at a hearing and show compliance with a court order, or explain the reasons for failure to comply.
The hearing will usually involve testimony from each side, along with the submission of documented evidence.
Penalties for Contempt
Once a party is found in contempt, the court may impose a conditional penalty, which may include jail time, a fine, payment of fees, transfer of property, judgment and other consequences. Penalties are imposed on a conditional basis to allow the contemnor a chance to comply with a court order. If the contemnor still fails to comply with the court order, a second hearing will be held and penalty imposed.
Always A Free Consultation
If you would like to have a consultation with an experienced Attorney, kindly contact The Cutler Law Firm at 248-489-8780 or complete THE CONTACT FORM and an Attorney will promptly respond to your inquiry.
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