Civil Contempt is usually used to collect child support obligations or to enforce visitation terms in the face of defiance. “ I will prosecute, or defend, both types of matters.”

Civil Contempt is normally used to enforce existing orders.

This means:
1. That there is usually an existing Court order against a party.

2. That the court found that the party had the actual ability to
comply with the order, either by:
a. delivering property in their possession,
b. stoping an activity in which they were engaged,
c. undertaking an activity they were capable of such as sign documents.
d. paying monies in their possession;
e. previously paying monies they had in their past possession,
f. paying monies that they had an actual ability to acquire in the past.

3. That the party having had, or having such an ability, has failed and refused to meet the terms of the order.

4. That the refusal was intentional, which includes just not taking care of business when it was possible to do so.

5. That the party has the present ability to comply, or has intentionally put themselves in a position where compliance is now impossible.

If you have been served an “Order to Show Cause” you are involved in a contempt case.

The punishment is usually to go to jail until the money is paid, or adequate arrangements are made to liquidate the amounts owed.

In visitation matters the normal result is either make up visitation or change of custody.