What happens if the other parent disobeys the custody, visitation or child support terms of an order?
In general, the remedy is to ask the judge to hold the other party in contempt of court. There is a formal way to do this and there are particular requirements that need to be observed in preparing contempt papers to submit to the court. The other party must then appear and explain why he or she did not pay child support or failed to return the child as scheduled, or explain away to the judge’s satisfaction whatever the alleged violation may be. If the judge finds a party in contempt that party can be ordered to serve up to five days in jail for each violation (but up to thirty days in jail for each month of failing to pay child support), to pay a fine of up to $1,000.00 per violation and to pay the other party’s attorney’s fees and costs incurred in prosecuting the contempt.
