When a parent fails to follow a court order in a family law case, such as child support or child custody, they may be held in contempt of court. Contempt occurs when one party violates a court order, and the other party must file the appropriate documents with the court to initiate an enforcement action. If someone is found to be in contempt of a court order, they may face serious consequences, including fines, payment of legal fees, community service, and even jail time in grave situations.
If you or someone you know is facing or suspecting non-compliance of a family court order, it’s important to understand your legal options and seek guidance from an experienced attorney as soon as possible. Reaching out to a skilled Tennessee family law attorney is essential to ensure any potential violations are addressed properly and that the most effective legal strategies are used to protect your rights and enforce the court’s orders.
What Happens Why Someone Is Non-Compliant with a Tennessee Child Custody or Child Support Order?
In Tennessee, enforcing court orders related to child support or custody is a critical aspect of family law. When a party fails to comply with such orders, the other party can seek enforcement through legal means. This process typically involves filing an Order to Show Cause and an Affidavit of Contempt, followed by a court hearing. The court hearing will determine whether contempt has occurred and decide on appropriate remedies or penalties.
Tennessee law provides both civil and administrative methods to enforce child support and custody orders when a parent is not compliant. For delinquent child support orders, the Tennessee Department of Human Services (TDHS) Child Support Program may take actions such as intercepting tax refunds, garnishing wages, placing liens on property, seizing bank accounts, suspending licenses, or denying passports. These are considered involuntary payments, meaning they can be enforced without the parent’s consent. In more serious cases, a custodial parent may file a petition asking the court to find the non-compliant parent in contempt. If the court finds the failure to pay support was intentional, consequences may include fines, repayment of past-due support, covering the other parent’s legal fees, or even jail time. However, judges have discretion in determining consequences. If the non-paying parent shows a valid reason, like illness or job loss, the court may offer temporary relief or modify the order. However, if the failure to comply was deliberate, the court may impose a harsher penalty.
Rules for Parents -Your Legal Duty to Follow Custody and Support Orders Despite the Other Parent’s Violations
Even if the other parent fails to comply with a child custody, parenting plan, or child support order, you are still legally required to follow the court’s orders exactly as written. One parent’s violation does not give the other parent the right to ignore or modify the order on their own. For example, withholding a child from the other parent due to unpaid support is a common but very serious mistake. Courts do not look favorably on parents who take matters into their own hands, and doing so can hurt your credibility and your case. Withholding parenting time from another parent is not allowed. Only the court has the authority to modify or enforce its orders. If your co-parent is not following the terms of your custody or support agreement, the best course of action is to remain in full compliance yourself and seek enforcement through the proper legal methods. While it may be frustrating or feel slow, handling the situation legally will protect your rights, and more importantly, your children’s rights, in the long run. Consult with the family law professionals at J. Ryan Johnson Law to learn more about how to properly navigate during this difficult time.
Contact A Tennessee Family Law Enforcement Attorney
A court order requires both parties to comply. Failure to follow the court’s order can lead to serious legal consequences. If one party is in violation, the other has the right to petition the court to enforce the order. This allows the judge to assess the violation and determine the appropriate course of action, including any penalties for noncompliance. If you’re seeking trusted legal support to ensure a court order is enforced, the experienced attorneys at J. Ryan Johnson Law can help you follow the correct legal methods. Contact us to consult with a Tennessee family law attorney today.