Q: Rx-wife is continually in contempt of court per their parenting plan in which the judge enforced, but that judge wont
Hold her in contempt. What can I do legally?
A: The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the law and your judge to help consider your options. Best wishes.
A: If a party is not following the divorce decree, one of the most common methods of enforcing the terms of the Decree is a contempt action. If a contempt action was tried and was not successful, then the next step depends on the specific facts of the case. It may be that the terms of the decree were not clear enough for the Court to enforce regarding custody or parenting time. In that situation, it may be time to file a modification action to change or clarify the custody or parenting time order. The judge may have also provided some guidance as to how to handle the situation in the future. It such a situation, it may make sense to follow the judge's instructions (and keep proof of doing so) and then file a contempt action again if you tried to follow the court's advice and the other party still refuses to follow the parenting plan. There may be other options as well depending on the specific facts of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.