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An important, if sometimes less noticed, part of the work that Arkansas family courts do is enter orders affecting parties' financial status and health. For instance, child support is often an important tool in providing for a child's needs, from necessities like shelter, food, and clothing, to simply having a little money to have fun. When couples divorce, the judge decides what will happen to the marital home, whether a party has to pay spousal support, etc.

Unfortunately, there are instances when parents do not pay child support or fulfill other obligations like they are supposed to. There are enforcement tools available to the other party to ensure they receive the funds owed to them or other rights given to them by the court.

A family law attorney with experience in this area can discuss the different enforcement tools available to individuals who are being denied what they were ordered to receive or being accused in court of not doing what they were supposed to do. Call a family lawyer at The Law Office of Geoffrey D. Kearney, PLLC. Our Little Rock office serves clients from neighboring cities and the entire state of Arkansas.

WHAT YOU NEED TO KNOW ABOUT ENFORCEMENT AND CONTEMPT IN LITTLE ROCK, AR

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Legal remedies are available for those whose parent or a former spouse refuses to pay child support, spousal support/alimony, or do some other action ordered by a judge. Here are a few things you need to know about these remedies:

Enforcement

A final judgment is a legal order that other remedies can enforce. Such an order might set forth a child support amount and due date, a time period in which a spouse is to receive alimony, require one party to buy life insurance for the benefit of the other, etc. The issuance of a final judgment does not remove the judge of jurisdiction over the case, and a party who fails to comply may liable for contempt.

Arkansas appellate courts have stated, "Disobedience of any valid judgment, order, or decree of a court having jurisdiction to enter it may constitute contempt, and punishment for such contempt is an inherent power of the court."

In civil contempt, the goal is to enforce a party's obligation and demand accountability for the failure to obey an order. The judge has the authority to hold the person in contempt. Potential consequences include attachment of property, wage garnishment, jail time, etc.

SEEKING ENFORCEMENT OF CUSTODY, SUPPORT, AND PROPERTY ORDERS

Parents seeking enforcement of custody, support, and property orders in Arkansas can experience frustration when the other party fails to abide by these orders. There are numerous ways available for enforcing an order:

  • Income withholding orders
  • Attachment of unemployment benefits
  • Attachment of settlements in a favorable lawsuit
  • Seizure of vehicles and other personal properties for public auction
  • Denial of the issuance of or revocation of passport
  • Suspension of professional license

The losing party may also be liable for the prevailing party's attorney fees.

The role of the judge in divorce and other family law cases is to ensure the interests of both parties are equally protected. Family lawyers aim to protect the interests of their clients, whether they are seeking enforcement or defending against a contempt action.

COMMON DEFENSES AGAINST A MOTION FOR CIVIL CONTEMPT 

Merely not doing what an order requires does not necessarily mean a party is in civil contempt. Under Arkansas law, disobedience must be "willful." Many factors may cause the inability to pay/comply, and these factors can often be raised as defenses to avoid liability for civil contempt. Note that these defenses should be timely raised.

The following are some common defenses raised in civil contempt proceedings:

  1. Inability to pay. The party's poverty or financial difficulty is a defense that does not automatically excuse noncompliance with an order or judgment. Still, it may be used to avoid a finding of contempt or sanction.
  2. Compliance with the order. The party may allege they actually did comply with the order, and the other party, or some other individual, has made a mistake.
  3. Insufficient details on the obligation. There are cases where a judge can deny the motion due to a failure to make sufficiently specific or definite allegations.
  4. Absence of notice of judgment. If the party did not receive notice of the entry of the judgment or it does not define their responsibility clearly, the party could raise this as a defense.

HOW IS CONTEMPT OF COURT ESTABLISHED?

First, there needs to be a valid order entered by the court. The contempt motion will be based on what is in the initial order. It should contain clear, valid provisions, and must be in compliance with applicable Arkansas family law statutes and case law.

Second, it is imperative to establish that someone has violated an order. This failure is at the center of a contempt action. The person who brought the action must prove that the alleged violator had knowledge of the order and that they intentionally violated it.

Contempt lawyers are well-versed in the applicable family law statutes and stand ready to advise their clients of their rights and responsibilities. Consult a Little Rock family law attorney if you have any questions or concerns about a judicial order.

WHY CHOOSE THE LAW OFFICE OF GEOFFREY D. KEARNEY, PLLC TO HANDLE YOUR ENFORCEMENT AND CONTEMPT CASES

The Law Office of Geoffrey D. Kearney is a law firm based in Little Rock, Arkansas with knowledge and experience in enforcement and civil contempt matters.

Contact our Little Rock office for a free consultation.

ENFORCEMENT AND CONTEMPT FAQS

Here are a few of the most commonly asked questions about enforcement and contempt orders. We encourage you to consult with family lawyers to discuss your case further.

How serious is contempt of court?

Violating a civil or criminal court order can be very serious and potentially result in jail time, fines, fees, and other penalties. You need to understand your rights and responsibilities when dealing with a civil or criminal court order.

A Little Rock enforcement and contempt of court attorney will be able to help you protect your rights. Being cited in contempt is a serious matter that should take seriously. On the flip side, it can be a very helpful tool for compelling a party to do what a judge ordered them to do. Calling a contempt attorney will help you understand your rights.

CONTACT A TOP LITTLE ROCK ENFORCEMENT AND CONTEMPT ATTORNEY TODAY FOR A FREE CONSULTATION

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The Law Office of Geoffrey D. Kearney, PLLC has experience handling lawsuits and other actions in Little Rock and has helped clients in the area to obtain the relief they deserve. If you are dealing with enforcement and contempt matters, contact the Law Office of Geoffrey D. Kearney for a free consultation today at (870) 376-3068 or email at GDK@gdkpllc.com.

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