Virginia Post-Divorce Enforcement and Contempt Orders

After a divorce, both parties typically have ongoing responsibilities, such as paying spousal or child support, adhering to custody or visitation schedules, or following other court-ordered terms. If one party fails to meet these obligations, it’s essential to notify the court immediately.

Working with an experienced family law lawyer in Virginia to assist in post-divorce enforcement can significantly help manage the legal processes that follows a divorce, and the frustration one feels when the other party fails to comply with previous agreements and/or court orders. A knowledgeable attorney can help you through the process and understand what is enforceable, and the best way to achieve a positive outcome in your case, based on your circumstances.

Enforcement of Divorce Decrees in Virginia

A divorce decree or final order of divorce is a legally binding order issued by the court that outlines the rights and duties of both parties involved. This decree or order, issued by a Virginia circuit court judge, summarizes the divorce terms and ensures both parties know their responsibilities. It can cover many issues, including child custody, visitation plans, spousal support, and dividing property. Unless otherwise provided in the order, only the court can modify or change the terms; therefore, any updates or adjustments to the decree must be approved through legal procedures.

Contempt of Court

In Virginia, a party can be held in contempt of court when there is a showing that they knowingly and willfully violated a court order. The violation must be intentional to be found in contempt. If it’s proven that the order was violated but not intentionally, the court is less likely to enforce contempt charges and/or penalties. Judges have considerable discretion in determining how to address petitions to hold another party in contempt of court, and the resulting consequences.

To prove contempt in Virginia, the violation must be shown by a preponderance of the evidence. If it is determined that the infringement was willful, consequences may include:

• Monetary fines
• Wage garnishment
• Jail time (up to 12 months for civil contempt orders)
• Retroactive support payments
• Modification of custody and/or support
• Make-up parenting time in cases where a child was withheld from the other parent
• Payment of the petitioning party’s attorney’s fees

Defenses Against Contempt Orders

Not all cases are as simple as one party failing to comply with a court order, warranting a penalty such as those described above. Rather, there are a number of situations that can give rise to alternate outcomes. The following are some examples of legitimate defenses a court may consider for a party’s violation of a court order:

• Inability or impossibility to comply (e.g. the parent has involuntarily become unemployed and cannot make child support payments
• A party has made good faith efforts to comply, but they have been obstructed for some reason
• The court’s order contained some ambiguity leading to confusion or alternative interpretations of provisions
• Other extenuating circumstances such as emergencies involving the parent and/or the child

Working With a Virginia Post-Divorce Enforcement Lawyer

Divorce can be complicated, frustrating and emotional, and it’s even more frustrating when you feel you are the only one complying with the court’s orders, and the other person fails to meet their obligations. It’s important to understand the difference between a failed obligation, and what the court considers is a wilful violation of a court order warranting a contempt order with penalties. To explore your legal options, no matter what side you may be on, contact Castro Law today, so we can help assess your case.