All orders, judgments, and decrees of the court in domestic relations matters including child support, alimony, custody, visitation and property division may be enforced by filing an action for contempt against the offending party.
Contempt is part of the court's inherent power to enforce its orders. The purpose of contempt is remedial, not punitive, to compel obedience to order of the court. Contempt must be a "willful" refusal of the party to obey the order, rather than an inability to do so.
As a general rule, the Superior Court which entered the order or judgment has exclusive jurisdiction to enforce it by contempt, but there are some exceptions to this rule.
The trial court in a contempt hearing has the authority to enforce the terms of its order, but not to modify the order. Enforcement sometimes includes incarceration.
Attorney fees can and often are awarded to either party within the sound discretion of the court.
Please call Daniels & Taylor, P.C. to schedule an appointment for a free initial office consultation with one of our Attorneys to discuss and evaluate contempt issues you are dealing with.
