Connecticut Contempt
What can be done when a court order is not obeyed? For example, what can be done after a divorce judgment when an alimony or child support order has not been paid in a timely fashion or not paid at all? How about when there are unreimbursed medical expenses owed or court ordered visitation has been withheld?
The most common enforcement mechanism in Connecticut is a Motion for Contempt.
While some variation in wording exists, a contempt motion essentially requires a judge to find, by clear and convincing evidence. that the Respondent (the individual cited for contempt) had 1) notice of 2) a valid court order and 3) the order has been disobeyed.
Defenses
Once these elements have been established, the Respondent has the opportunity to present defenses as to why he or she should not be held in contempt. In theory, there are a number of defenses available to a Respondent but, in practice, there are only two which are used with any regularity.
1) Inability to comply with the order. If a Respondent can satisfy a judge that the noncompliance was not willful this will avoid a contempt finding. For example, a recent job loss, a lack of other financial resources and efforts to borrow the money are often strong arguments against a contempt finding of a financial order. However, the judge will typically inquire as to whether the job loss was truly involuntary and what, if any, efforts have been to made to gain employment since.
2) Uncertainty as to the terms of the order. If the terms of the order are ambiguous a Respondent may persuade a judge that the noncompliance was not willful. A “good faith” argument that there was legitimate misunderstanding may therefore avoid a contempt finding. On the other hand, if the divorce terms are reasonably clear or if the terms are subject to a reasonable interpretation, you may catch the judge’s ire by making an argument where no bona fide dispute exists.
Penalties
Possible penalties for being found in contempt include payment of the moving party’s legal fees and, in the case of repeated or blatant noncompliance, incarceration. Of course, judges have the authority to impose other penalties unique to the case circumstances.
Contempt Consultation and Representation
I represent clients in Family Court and all related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a Connecticut Contempt matter.