If one parent knowingly does not follow a family court order after a divorce, including refusal to pay child support, that person could face criminal charges. The victimized parent will have the ability to fill out and file an Order to Show Cause and Affidavit for Contempt. A successful criminal case against the party will lead to criminal penalties – something that will motivate the person to obey the order in the future.
In a case involving a parent who refuses to follow a family court order, the victimized parent should try to reach out to the other parent through text or email before taking legal family law contempt action. There may be a misunderstanding. If the parent still refuses to fulfill the terms of the court order, however, the victimized parent can initiate a contempt proceeding.
A contempt proceeding can be a difficult and lengthy process. It is often best to convince the nonpaying parent to adhere to the terms of the court order before bringing the matter to a judge. This may be possible with assistance from a family law attorney, who can contact the nonpaying parent on a client's behalf and negotiate a solution. If the parent still refuses to pay, the attorney can help with a family law contempt proceeding.