Rights For Contempt Proceedings
Circumstances can always change after a divorce, especially for young parents. That is why the modification process is put in place. When an ex-spouse does not live up to his or her obligations, however, and no modification is sought, there can be serious legal consequences.
I am San Antonio-based family law attorney Matthew Obermeier. I represent clients throughout South Texas in contempt proceedings, whether they are defending or enforcing their rights when it comes to child custody, visitation, child support or spousal support.
How You Can End Up In Contempt
Despite what many people may think, being held in contempt does not automatically mean you will end up in jail. A judge will have discretion to issue fines or other orders as a means of enforcing the terms of your divorce or custody arrangement.
Some common violations that can lead to contempt proceedings include:
- Refusing to make regularly scheduled child support or spousal support payments
- Not making your child available for scheduled visitation
- Refusing to return your child to his or her parent after scheduled visitation time
- Not abiding by the property division order
- Violating other instructions as part of a court order, such as refraining from using drugs or alcohol
If you are facing contempt proceedings, I can protect your rights by ensuring the details of the court’s orders are clear and gather evidence that will strengthen your case. I provide personal representation to every client, meaning I will tailor my approach to fit your unique needs.
Additionally, it is important to remember no matter how hard it may be, you need to abide by the terms of the court’s orders. As your lawyer, I can help you seek or contest a modification when necessary. Family court judges will be less inclined to show sympathy if you attempt to take matters into your own hands.