What is Contempt?
Contempt is willful disobedience of a court order when the paying parent had the ability or capacity to comply with the order. If a parent has done everything in his/her power to pay what the court order requires, but still has been unable fully comply, the Court will not find the parent in contempt. But if the Court determines that a parent willfully failed to comply and could have, the parent can be jailed until such time as the support owed, or a portion, is paid. Contempt is the last resort to make a parent comply with an order. Contempt is a matter with serious consequences. Motions for contempt are heard by the Family Court Judge. (Please note that even if a non-custodial parent fails to pay court ordered child support, that is NOT a basis to refuse the parent parent-child contact. Conversely, if a custodial parent refuses to honor the non-custodial parent’s visitation rights, that is also not a basis for the non-custodial parent to stop paying child support. To do either of thes
