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Family law judges expect that the parties will follow their orders. The reality, of course, is that many individuals often fail to do so. If this happens, the party who is in violation could be facing contempt of court charges. Whether it’s for civil or criminal contempt, the potential ramifications are serious and are intended to bring the breaching party back in line with the court’s order. What should you know about contempt of court in New York family law matters? Aiello & DiFalco LLP takes a look.
Understanding Civil Versus Criminal Contempt
Contempt falls broadly into two categories, civil and criminal. When someone engages in civil contempt, they have willfully disobeyed the court’s order. Civil contempt typically does not happen in front of the judge, so the party alleging it must produce evidence to support the claim. Failure to pay child support is an example.
Criminal contempt may involve either the obstruction of justice or actions that prevent the court from doing its work. Interrupting court proceedings is an example. Unlike civil contempt, which is indirect, criminal contempt is direct and usually happens in front of the judge.
Different Consequences of Contempt
Another way to understand contempt is to recognize the differences in punishments. The point of holding someone in civil contempt is to convince the contemnor (the person in contempt) to obey the court order. For instance, the court could send the contemnor to jail for refusing to pay child support. But as soon as the money is paid, the person would be released.
Criminal contempt, however, is met with a punitive response; that is, the objective is to punish the wrongful behavior. The contemnor may be sent to jail but the sentence would probably have to be served before the person is let out.
Jail and fines are the two primary methods by which courts enforce their orders through contempt. Additionally, a party who was forced to bring the contempt action may be entitled to recover attorney’s fees. Lastly, if the contempt is severe enough, it could support a party’s request to modify the order to minimize the likelihood of such problems in the future.
What Does “Willful” Mean?
Civil contempt is usually (but not always) used to enforce court orders related to child support, custody, and other domestic matters. As mentioned above, a party must be found to have willfully disobeyed the court order before the judge will find them in contempt. “Willful” means that the party has the ability to comply with the court order but has deliberately chosen not to.
For instance, a spouse or parent has money to pay alimony or child support but refuses to send it to the other party. Or a parent has lost their job and refuses to look for or obtain a new one. Still another example is choosing to work fewer hours than are available and then claiming that there isn’t enough money to pay support.
Willful contempt also occurs in matters that are not strictly financial. Refusing to allow the other parent to see the child when there is no valid reason to do so is willful contempt. Constantly keeping the child past the designated time to return them to the other parent is another example. Perhaps the court has ordered that one spouse is to turn over a piece of marital property to the other, but they have refused to comply within a reasonable amount of time. This, too, is willful.
Proving and Refuting Contempt Claims in New York Family Law
Regardless of which side of a family law case you are on, court orders are nothing to take lightly. You could deal yourself a severe setback and jeopardize your interests by failing to follow the court’s orders or by disrupting its proceedings. Our firm is here to assist you either prove contempt against the other party or defend you if you’ve been accused of it. If you’re dealing with a situation that involves alleged failure to obey a court order, give Aiello & DiFalco LLP a call now.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.