Family Law Cases May Bring Out Contemptuous Conduct

So, you’ve made it through your divorce, but now your ex-spouse is failing to pay the child support or is refusing visitation. What can you do? An attorney may file a petition for contempt against your ex-spouse for failure to comply with a court order. In the family law arena, the court has the power to compel compliance with its order and punish a non-compliant party.

Violation of any court order, including a judgment of absolute divorce, which may or may not incorporate a separation agreement, may constitute constructive contempt. Failure to pay alimony or child support, failure to comply with custody and visitation orders, as well as other issues, are often addressed with a petition for contempt.

A contempt proceeding should be brought in the same court that issued the initial order. The court will issue an order to show cause to the defendant, setting a hearing date for him or her to explain why they are not complying. The petitioner must prove, by clear and convincing evidence, that the defendant is in contempt of court.

When a court issues a civil contempt order imposing a penalty on the defendant, it must contain a purge provision with which the defendant can comply. Dodson v. Dodson (2004) is an interesting case illustrating the limits of the court’s contempt powers. Ms. Dodson brought a constructive civil contempt action against her husband for his failure to maintain insurance on a condominium pursuant to a pendente lite (temporary) order. The husband failed to make a payment after the bill was sent to his previous address, and coverage lapsed. A fire destroyed the condominium, and the wife sought compensatory damages from the husband.

The Maryland Court of Appeals held that Mr. Dodson could not be found in contempt, because contempt requires that the defendant have a present ability to comply with the court order. Because the husband could not change the past, he did not have a present ability to reinstate the insurance coverage as of the date of the fire. No contempt action would lie to impose a sanction for his past failure to comply with a court order.

Instead, Ms. Dodson could pursue a tort or breach of contract action to obtain damages from the defendant. The court ultimately held that compensatory damages could not ordinarily be recovered in a civil contempt action, and they could never be recovered in a civil contempt action based upon a past negligent act. The court refused to decide whether a willful violation of a court order could form the basis for compensatory damages in a civil contempt case.

As always, a petition for contempt must be brought within a certain period of time. In the case of contempt proceedings for failure to make a payment of child or spousal support under a court order, the petition must be brought within three years of the date that the payment of support became due.

If you find yourself frustrated by your ex-spouse’s failure to comply with a judgment of absolute divorce, you will have questions about these issues. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions.

If you need further information regarding this subject, reach out to the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville, by calling 410-244-1189 or by emailing david@diggslaw.com.

This branded content is brought to you by an expert in his or her respective field.