In part two, I discussed that in a contempt of court action imprisonment can be requested as a sanction based upon a party's failure to follow a court's order. Jail is one of the harshest sanctions that a court can impose, and a person may be represented by a court-appointed lawyer if jail is requested. Representation by a court-appointed attorney is contingent upon financially qualifying for that assistance.
In my previous contempt of court blog post I discussed that a judgment is one of the remedies that can be ordered if an individual fails to pay a court ordered support obligation. Other contempt sanctions can also be requested or imposed.
A contempt of court motion can be filed whenever someone intentionally disobeys a court order. The element of whether or not someone intentionally failed to follow a court's order is shown by proving that person acted in bad faith.
When someone fails to make court ordered child support payments, does not pay spousal maintenance or alimony, or fails to follow a parenting plan that person can be found in contempt. Contempt is intentional disobedience of any lawful judgment, decree, order, or process of the court. A party can be held in contempt of court if he or she refuses to follow the requirements of a temporary or a final order.
Whenever someone is not following a court order, such as, a parenting plan, an order of child support, a divorce decree, or even a temporary order that person can be found in contempt. There are other types of contempt, but I am addressing the contempt that frequently arises in the family law arena. Contempt of court occurs when a person intentionally disobeys a court order.