What is Contempt of Court in a Kentucky Divorce Case?
The legal side of divorce can get just as messy as the emotional side of it, particularly if one or both sides struggle to comply with the terms of their divorce or separation. If this occurs during your divorce, you’ll likely become familiar with the term “contempt of court.” This can complicate your divorce and sour relationships with the judge overseeing your case.
Learn more about contempt of court and what to do if you’re accused. Call John H. Ruby & Associates at 502-895-2626 to set up a time to discuss your concerns with our team.
What is Contempt of Court?
Contempt of court covers any act of disobedience or disrespect towards a court’s authority and orders. Holding someone in contempt is a way for the court to enforce its orders. Understanding this concept is essential in divorce cases because it shows you how important it is to follow a judge’s orders regarding custody, child support, and marital expenses—and to avoid intentionally irritating or disrespecting the court and judge.
Types of Contempt in Kentucky
In Kentucky, contempt can be classified into two main types: civil and criminal. Civil contempt is used to make someone abide by the terms of a court order. For example, if someone is ordered to pay child support and fails to do so, civil contempt can force them to pay what they owe.
Criminal contempt, on the other hand, is used to address actions that show blatant disrespect for the court’s authority, such as repeatedly ignoring court-ordered visitation schedules. While civil contempt aims to ensure that court mandates are followed, criminal contempt serves to punish and deter future disobedience. Both may play a role in your divorce case.
Common Scenarios Leading to Contempt in Divorce
Violating court orders during a divorce can lead the party in question to be held in contempt. Common issues include not paying child support or alimony as ordered by the court. For instance, if a parent misses child support payments, they could be held in contempt. Another scenario is failing to follow visitation schedules, which can disrupt the child’s routine and harm their well-being.
Additionally, not complying with property division orders, such as refusing to transfer assets or sell property as mandated, can also result in contempt charges. However, it’s important to note that your attorney may not recommend reporting every single episode of non-compliance.
If your ex returns your child an hour late from visitation, they may technically be out of compliance with court orders, but you’re likely to make the judge take your case less seriously and assume that you are looking for problems. Instead, your attorney may recommend documenting issues and bringing them to court when you have a clear pattern of contempt.
Consequences of Being Found in Contempt
The repercussions of being found in contempt of court in Kentucky are serious. Penalties may include fines and, in some cases, jail time, depending on the nature and severity of the contempt. Beyond these immediate penalties, a contempt finding can negatively impact your ongoing divorce case, potentially influencing decisions related to child custody, support payments, and property division. For instance, if you are found in contempt for not adhering to child support orders, the judge is likely to view your lack of cooperation negatively in future court appearances.
Defending Against Contempt Charges
If you are accused of contempt, there are different strategies to defend yourself. Begin by collecting any evidence that demonstrates your compliance with court orders or legitimate reasons for non-compliance, such as medical issues or unexpected financial setbacks. It’s vital to present this information clearly to the court. Consider the example we gave above about being late for drop-off after visitation. If you were in this position but had proof that you left at a reasonable time and were unavoidably delayed by a multi-car pileup, you could at least show the court that you tried to follow its orders in good faith.
Facing Divorce? Let’s Talk
John H. Ruby & Associates can help you choose your next steps as you work towards divorce. We’ll help you prepare for court and understand the importance of compliance with court orders. Schedule a consultation by giving us a call at 502-895-2626 or reaching out online.