Facing A Contempt Family Law Matter?
Actions involving contempt occur when a party that is obligated to a court
order of judgment fails to abide by the requirements set forth within
the agreement. This can include both actions and lack of actions from
any of the parties involved in the order.
Some of the following may be considered contempt:
Failing to pay
- Ignoring visitation restrictions
- Bringing back children late all the time
Forgetting to pay
- Violating and order of protection in any way
If you need to hold an individual accountable to a court order or have
been accused of being in contempt, you need to act fast to protect your
rights and ensure a fair outcome. Reach out to our St. Charles County
family law attorneys in Chesterfield today or
fill out a free case evaluation.
The Test for Contempt
When seeking an order of contempt, the court will look to see whether or
not an individual had the means and ability to abide by the terms of the
judgment but still failed to do so.
The three prong test includes the following:
- There must be a judgment;
- The contemptuous party must be aware of the judgment; and
- The party willfully disobeyed the judgment terms.
Often these types of suits are followed with a request that the court determine
the damages or unpaid amounts owed, which may include legal and attorney fees.
Custody, Support, & Property Issues
Examples of contemptuous behavior may include not abiding by
visitation/custody terms set out in a parenting plan, failing to refinance a home, retaining
an item that is to be sold in a property division agreement, or not cooperating
with other terms contained in the judgment.
The family lawyers at Pedano, O’Shea, McGavic & Hogenmiller,
LLC are experienced in pursuing and defending against contempt motions
throughout Missouri. We can work vigorously to make sure that the judgment
is followed and the outcome is fair and just.
If you would like to discuss your contempt case with our office, we invite you to
call us today schedule a complimentary consultation.