Divorce orders are not always obeyed or followed. And when they orders are not complied with it often becomes necessary to seek enforcement of divorce orders by filing a Motion for Contempt.
The most common examples of post-divorce, non-compliance involve alimony or child support not being on time or not being paid at all. Next up is a child visitation schedule, not being followed.
While some variation in wording exists, a contempt motion essentially requires a judge to find that the Respondent (the individual cited for contempt) had 1) notice of 2) a valid court order and 3) the order has been disobeyed.
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. Be prepared for this – it is usually not difficult to forecast what these excuses will be.
Here is the best advice I can give you – when there are violations of court orders you have to be proactive. There is no benefit to sitting on your a$$ and bitching.
Waiting too long to file a Motion for Contempt may leave the judge with the impression that the issue is just not that important.
Please email me or call (203) 259-5251 if you would like more information on the enforcement of divorce orders in Connecticut.