More Family Topics
What is Failure to Comply
Failure to Comply is a term for the action, or lack of action, that causes a person to be charged with contempt of court. A common form of failure to comply is being substantially behind in paying child support. This status would be appropriate whether the fault was caused by a hardship or a willful intent to defy the relative court order.
The severity of the matter has a profound effect on how the potential outcomes. A contempt of court action can result in consequences including fines, compensatory visitation, a modification to the custody arrangement, and possibly jail time. In most cases, if someone is held in contempt, the court will first give them the opportunity to make amends for the violation.
Enforcement for Compliance
Enforcement of a court order is done through taking filing a contempt with a family court. Content remedies may be as simple as a letter from your lawyer the the other person, while other times it may be necessary to take the matter to court. The fundamental facts that support such action include the existence of a current court order and failure by a party to adhere to the requirements of said order. In most cases, proving contempt is not particularly difficult, however; the degree to which the other person is not in compliance can be rather subjective.
Non-Compliance Defense and Penalties
Anyone who has been accused of contempt is facing potential penalties including fines, jail time, and whatever is required to settle the grievance (i.e., pay all past due child support). In most failure to comply situations(contempt) a judge will offer the person an opportunity to correct the situation, however; this is not guaranteed.
When faced with any failure to comply matter, it is prudent for a person to seek representation by a family law attorney who also understands defense.