Quite often a party to a divorce willfully disobeys the terms of a judgment or court order. In that case, the remedy is to file a proceeding that seeks to hold the disobedient party in contempt of court. For instance, if a parent is ordered to pay child support and does not do so, the other parent may file a contempt proceeding, or if your former spouse refuses to pay spousal support. The only defense to such a contempt proceeding is that the disobedient party does not have the ability to pay the support. Contempt can also be used to enforce your parenting time for wilful violations.
Contempt proceeding are a strong tool for enforcing judgments or orders of the Court. Remedial Sanctions can be imposed against the contemnor pursuant to ORS 33.105 (a): Payment of a sum of money sufficient to compensate petitioner for loss, injury or costs suffered by the moving party as a result of a contempt of court but not less than $1,000.00; pursuant to ORS 33.105(1)(c), an amount not to exceed $500.00 or 1% of respondent’s annual gross income, whichever is greater, for each day the contempt of court continues; and pursuant to ORS 33.101(1)(e), payment of any attorney’s fees incurred by the moving party as a result of a contempt of court
We have represented clients in a variety of contempt proceedings. If your former partner or spouse is not complying with a court order, we will work with you to determine whether you have a viable claim for contempt. If so, we will work with you to promptly file the appropriate documents to begin the contempt process. If your former partner or spouse seeks to hold you in contempt, we will work with you to determine whether you have a viable defense, and will work to resolve the issue outside of a court room.