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What Is Contempt of Court?

 Posted on November 27, 2015 in Family Law

contempt-of-courtContempt of court refers to any instance where a court order is not obeyed. When the court makes a ruling, it is legally binding. Even if you do not agree with a court ruling, you are required to abide by it unless and until you can have it modified or overturned. When a ruling has to do with a family or divorce issue, this is something that you need to work with an experienced family attorney to reverse.

Do not, under any circumstance, deliberately disobey a court order. This can result in civil or even criminal penalties for you. When a court order is made regarding your children, such as an order for child support or a child custody schedule, acting in contempt of court can have a negative impact on your future interactions with the court. This means that if you do choose to seek a child support or custody modification later, having an instance of contempt of court on your record can actively work against you and prevent you from having your request fulfilled.

Examples of Contempt of Court

Some examples of violations of family and divorce court orders include:

  • Failing to pick up or drop off a child at the scheduled time in a shared custody agreement;
  • Failing to make your required child support payments;
  • Failing to make your required spousal maintenance payments; or
  • Violating the terms of your parenting time order, such as having your child visit with you in your home despite the court forbidding it.

One or two minor violation instances are not enough to be charged with contempt of court. If you are 30 minutes late to pick your child up because of heavy traffic or miss a child support payment because of financial difficulties, you are not going to face serious penalties. However, making these kinds of violations a pattern will result in court action.

If you find you are unable to fulfill the requirements of your court orders, work with your attorney and the court to have them modified. For example, if you lose your job and can not make your child support payments, have your order legally modified instead of allowing yourself to fall behind on payments. If you need to alter your parenting schedule, even temporarily, work with your former partner and if necessary, the court, to create room in the schedule for this alteration.

Kane County Divorce and Family Attorneys

Court orders can be complicated and in some cases, feel like they are not fair. If you are facing a court order that you feel is unreasonable or unfair, work with an experienced family and divorce attorney to have the court's ruling modified. Our team of Kane County divorce and family attorneys at Goostree Law Group is here to help you work with the court to have your case modified to be more agreeable with your needs. Contact us today to get started on your case with a member of our firm.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

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