Contempt of Court
A final divorce decree incorporates a myriad of court orders. One party may be ordered to pay the other spousal support, commonly known as alimony. There are orders concerning child custody, support and visitation. One spouse may have been ordered to pay certain debts or to sell properly. Anytime a court order has not been followed, the aggrieved party may file a Motion for Contempt of Court asking the court to compel the non-performing party to fulfill the obligations articulated in the original court order.
A hearing will be held where both parties can present evidence and cross-examine witnesses. If the court finds the party in contempt, it will fashion an order requiring compliance with the original order. The court may also impose fines for contempt and may even impose jail time on the offending party. Often, the person in contempt is ordered to pay the legal fees of the party who filed the motion.