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Holding the Ex in Contempt of Court

In a family law scenario, a person can be held in contempt of court if he/she has chosen to violate a court order. These court orders can be related to anything, from child support and child custody to alimony payments. If a person has violated a court order related to child support by failing to pay child support payments, he/she can be held in contempt of court.

If you have found that your ex-wife continues to violate court orders, she could be in contempt of court. For you to hold her in contempt, you must first prove that there is a valid court order that she is aware of, and that she is clearly violating the order. You must be able to prove that a violation of the order has taken place. You must also have provided a notice of contempt hearing to your ex-spouse.

For example, if you want to hold your ex-spouse in contempt, for violating a parenting plan, you must provide evidence that she violated the parenting plan in bad faith, and must prove that earlier sanctions by the court have not helped to correct her behavior. If you are the noncustodial parent, the parenting plan allows you to spend a certain amount of time with the child. This is a court – mandated order, and both of you are required to comply with it. If your wife prevents you from seeing the children, or acts in bad faith to hinder your access to your children during the times stipulated in the parenting plan, you can hold her in contempt.

Is your wife violating the terms of a parenting plan or any other court order? Speak to a Colorado divorce lawyer about how you can initiate contempt of court proceedings against her.