When a party fails to abide by the terms of a court order, the aggrieved party may ask the court that the party who is not abiding by the terms of the order be held in contempt of court. The penalties may include jail and/or fines, and the successful party is normally entitled to attorney fees. In order to be successful, it must be shown that the offending party deliberately failed to abide by the order of the court.
In the event that child or spousal support is not paid, it is presumed that the party not paying is in contempt and the offending party has the burden to prove to the court that extenuating circumstances precluded him/her from meeting the support obligation.
In the event that one parent withholds parenting time or visitation from the other party, the offending party may be brought before the court and ordered to show cause why he/she should not be held in contempt. Jail and fines are included in the penalties. With the filing of a Complaint for Contempt regarding parenting time, a Motion to Enforce Visitation is often filed to obtain make-up time for visitation denied, and to give the court an opportunity to make changes in the visitation that are necessary and in the best interests of the child/children.
If a party fails to provide property, pay debts, pay attorney fees, or fails to comply with any other property issues ordered by the court, the offending party may be brought before the court to show cause why he/she should not be held in contempt.