What happens if I am held in contempt of court for not abiding by visitation order?

Question

My ex-wife and I live on opposite ends of the country. Sending the kids is expensive. When she doesnt pay her full child support the expense is impossible. She is now taking me to court for enforcement of visitation order which has a contemp of court attached to it. What are the possibilities that the judge will hand down? The court gave her 3 visitations for the year. 2 of the visits are to be shared cost 50/50, one visit is my full responsibility. She only asks once a year for the ticket thats my responsibility and never for the ticket that we share the cost on. She does not pay her child support and changes her job when the child support services find her.
Please no answers that I can not withold visitation for lack of child support, I know this. My question is what will happen to me if I am held in contempt of court?

Answer 1

Yes you will be in contempt of court...BUT from what I am reading and understanding SO IS SHE!!!! She does not pay as she should, she does not excercise her visitaion rights unless you are forking out some money. Everything you have stated about her, shows she is more in contempt than you. I hope you have a good attorney and have told them all of these things, because you are in better shape than she is. She doesn't pay her child support and shows instability on keep ing a job because she does not want to pay??? Sorry, but she is a sorry excuse for a mother in my book.

Depending on your state, which apparently the judge went in your favor as sole custodian for a reason, you are okay. You may be scolded verbaly, but I REALLY doubt anything else will happen...ASK YOUR ATTORNEY!!!. She has some nerve wanting to take you to coiurt when you have all of this against her. Anything else you have against her, i would give to your attorney as well. I cannot stand a deadbeat parent that thinks they have rights.

Answer 2

Depending on the judge, you could end up in jail. That would be the worst. Have you considered hiring an attorney and getting the visitation order fixed. If she's only asking for them once a year and refusing to pay 1/2 for 2 of the visits, that is something that can be brought up in court. If she is behind on her child support you can use that as an incentive for her to agree to changing the visitation. Has she thought about just coming to where you live to see the kids(flying one person is cheaper than flying kids)?

Answer 3

Why don't you ask a lawyer instead of people who have no knowledge of the law & facts.

If you get a lawyer you may well not be held in contempt. Your ex's failure to pay support is arguably a reason you cannot afford to pay for plane tickets. However, your words "full support," leaves open a big hole in meaning. If she's just a few dollars short or late, such an argument won't fly. Then you are looking at a compulsion order -- most likely to fly the kids out - & possible contempt if you fail. The worst possible order: The court may transfer custody to your ex. You need a lawyer; not computer correpondents.

Answer 4

Contempt of court is usually the predecessor to a bench warrant. When there's a bench warrant on your record it means that you can/will be arrested. Either the sheriff will show up at your house or if you get pulled over for anything while driving -even a "fix-it" ticket, you are going to jail.

If I were you I would petition the court for a modification in your visitation agreement. You need to show that she is not paying the child support and that she makes no effort to visit the kids herself, and only wants you to foot the bill. Keep any correspondence. I would record her phone calls (even though you can't use them in court you can play them for your attorney). If you can't afford an attorney, go to legal aid. Most of this stuff involving filing court papers you can actually do yourself, it's just a matter of finding out which documents you need to fill out and how to file them. Legal aid can help with that.

Good luck!

Answer 5

I realy don't think she will enforce it. First of all, she is also in comtempt and in direct violation of the order by not paying child supprot. If she was to try to take you to court over this, her cost would be alot more. Most states put people in jail for non payment of support. I suggest you get a lawyer as well and file a suit against her for non-payment.

Answer 6

You could go to jail, depending on the hard on the judge has for you, until you decide to obey the order.

Keep in mind that child support and visitation are always two separate issues, and are not dependent upon compliance with the other.

Plane tickets don't cost that much if you get them in advance; you're trying to rationalize poor planning,

Answer 7

probably nothing....however, I would meet her contempt of court charge with a counter contempt for failure to pay child support. My guess is the Court will do nothing but lecture you on the importance of following court orders. Don't sweat it, you can only do what you can under the circumstances. Good luck.

Answer 8

Call your lawyer, he should be able to get all visits 50/50 this is wrong, It get hot when women try and pass the buck on this, she should be da-- glad there is a father in her kids life willing to take the responsibly you have, seems she don't. Sock it to her every way you can. And always be the Dad you are now.

Answer 9

First, you need to prove that you are abiding by the rules of the visitations and that she is failing to live up to her part of the bargain.

if found in contempt, you may have to pay a fine, as jail time is not a viable option.

Answer 10

You can be arrested. Simply put.

It also gives her amunition to try to get them again. But since the court orders aren't being followed by either party maybe much won't be done.

But, they'll arrest you and you'll go to jail. Probably not for long though.