subject: Contempt of Court – Could it Happen to You? [print this page] Things can often turn nasty in custody and divorce cases when it involves child support issues. When that happens, contempt of court can become a problem. You can be hit with contempt of court when you are truly not in contempt, and you need to understand the difference. Knowing the difference and understanding true contempt of court can help you with your defense.
A Willful Violation of a Court Order
That is the true meaning of contempt of court. Whether or not you had the means to pay your child support, you deliberately chose not to do it. What this means for you is if your circumstances have caused your lack of payment, your ex-wife can't say to the judge, "he just don't want to pay." The ex must be able to prove that it was on purpose and not through any fault of your own.
Courts Don't Always Get it Right
Many times today though, without considering the circumstances, the courts consider nonpayment of anything as contempt. But there is a remedial process in all of this that is supposed to take place. The purpose of the court is not to punish you but to help you comply with the court's orders. If you don't get the difference, then you will have no means of defense should you find yourself in this position.
A Strong Defense
Your defense in a contempt of court charge for non-payment depends on you being able to prove that you are not simply refusing to pay. If you know your rights, you can stand up and defend yourself when circumstances have prevented payment and not just your own willfulness.
