How Does Contempt Of Court Arise In Child Custody Cases

When it gets to divorce and custody cases, particularly ones requiring child support, things can always turn nasty. You can often get smacked with contempt of court for non-payment when you're not really in contempt. But you need to be able to say the difference, and you need to know what actual contempt is. This guide will allow you to appreciate the difference so that you can plan a better defense if this situation arises for you.

First off, contempt of any kind means "a willful violation of a court order." This essentially means that you purposely disobeyed the order because you choose to - whether or not you had the means. This means that your ex-wife cannot merely state, "he didn't give my money because he refuses to pay." She has to prove that it was willful and not due to circumstances such as a job loss or the genuine inability to pay for other reasons.

Sadly, the court system will often look at non-payment and consider it contempt without looking at the circumstances. This is not how it should be at all. There is supposed to be a remedial process as well. Their goal should be to help you "comply," not to punish you. You need to clearly understand the difference yourself before you find yourself in a courtroom with no defense.

When you understand what contempt of court regarding non-payment of child support is - you will be able to make the right choices. If you are simply refusing to pay without good reason, then be prepared to pay the cost. But if you are truly under challenging circumstances, know your rights and consult a child custody attorney at the earliest.

If you need an accomplished Attorney who understands the strain, the struggles, & what it demands to battle for your rights & benefits in child custody disputes. Look no further than the office of - Mr. Eric Nakasu, the Top Irvine child custody attorney. You will also discover how he has served others in related situations like your own, how he can assist you, & the best steps to develop a strong case. For a free initial discussion, call Mr. Nakasu at 1-(714)-916~9800.