A court order governing divorce, child custody, child support, or visitation is legally binding on both parties. When one party fails to follow it, the other is not left without recourse. A contempt petition is the legal mechanism for enforcing a family court order, and Mississippi courts take violations seriously. At Tollison & Webb P.A., we file contempt petitions on behalf of clients whose court orders are being ignored and defend clients who have been accused of contempt throughout North Mississippi.

What Is Contempt of Court in a Family Law Matter?

Contempt of court occurs when a party willfully fails to comply with a court order. In the family law context, common violations include failure to pay court-ordered child support, withholding court-ordered visitation, failure to comply with property division terms in a divorce decree, failure to maintain court-ordered health insurance for a child, and violation of the terms of a protective order. The key element is willfulness. A party who genuinely cannot comply with an order due to circumstances beyond their control may have a defense to contempt, but a party who chooses not to comply does not.

Common Types of Contempt Petitions We Handle

Child Support Contempt

Failure to pay court-ordered child support is one of the most common grounds for contempt in Mississippi family courts. When a parent falls behind on support payments, the amount owed becomes a judgment debt that continues to accrue interest. We file contempt petitions against non-paying parents and pursue all available enforcement mechanisms, including wage garnishment, license suspension, and incarceration in appropriate cases. We also represent parents who have been accused of failing to pay support and help those with genuine hardship pursue a formal modification rather than facing contempt.

Visitation Contempt

When a custodial parent withholds court-ordered visitation from the other parent, it is a violation of the court order and grounds for contempt. Repeated denial of visitation can also be grounds for a custody modification in cases where the pattern of interference with the other parent’s relationship with the child rises to the level of a material change in circumstances. We file contempt petitions for parents whose visitation is being denied and seek enforcement of the parenting plan along with appropriate sanctions against the violating parent.

Property and Divorce Decree Contempt

Divorce decrees often require one or both parties to take specific actions, such as transferring property, refinancing a mortgage, maintaining insurance, or paying specific debts. When a party fails to comply with these terms, a contempt petition is the appropriate remedy. We handle contempt proceedings arising from violations of divorce decrees and property settlement agreements, seeking both compliance and compensation for the harm caused by the violation.

Protective Order Violations

Violations of protective orders are among the most serious contempt matters in the family law context. A protective order violation is not only grounds for civil contempt but may also constitute a criminal offense. We represent clients seeking enforcement of protective orders that have been violated and work to ensure their safety is protected through all available legal mechanisms.

Consequences of Being Found in Contempt

A party found in contempt of a family court order in Mississippi faces a range of potential consequences depending on the nature and severity of the violation. These include fines, an award of the other party’s attorney fees and court costs, make-up visitation or parenting time, modification of the underlying order, and in serious or repeated cases, incarceration until compliance is achieved. The court has broad discretion in fashioning an appropriate remedy, and the goal is generally to compel compliance rather than simply to punish.

Defending Against a Contempt Petition

Not every contempt petition is well-founded. A party may have a valid defense based on inability to comply, ambiguity in the order, changed circumstances, or the other party’s own failure to comply with their obligations. We represent clients who have been served with contempt petitions and evaluate the merits of the claim carefully. Where a defense exists, we present it effectively. Where genuine non-compliance exists due to changed financial circumstances, we pursue a formal modification of the underlying order as the appropriate path forward.

Frequently Asked Questions

Can I stop paying child support if my ex is denying me visitation?

No. Child support and visitation are separate legal obligations, and withholding support because visitation is being denied will result in enforcement action against you. The proper remedy for denied visitation is a contempt petition for the visitation violation. We can pursue both issues simultaneously through the correct legal channels.

How long does a contempt proceeding take in Mississippi?

Contempt proceedings can move relatively quickly compared to other family court matters because they involve enforcement of an existing order rather than resolution of a new dispute. The timeline depends on the court’s docket and whether the matter is contested. Emergency relief may be available in situations involving immediate safety concerns or serious ongoing violations.

Can contempt result in jail time in Mississippi?

Yes. Mississippi courts have the authority to incarcerate a party for contempt of a family court order, particularly in cases of willful non-payment of child support or repeated violations of a custody or visitation order. Incarceration is generally a last resort used when other enforcement mechanisms have failed or when the violation is particularly egregious, but it is a real consequence that courts impose in appropriate cases.

What if I cannot afford to pay the child support I owe?

Genuine inability to pay is a defense to contempt, but it must be proven and it does not eliminate the underlying debt. If your financial circumstances have changed significantly, the appropriate course of action is to file for a modification of the support order as soon as possible rather than simply stopping payment. Courts cannot retroactively reduce child support arrears, and the longer you wait, the larger the debt becomes. We can help you pursue a modification and address any pending contempt matter at the same time.

What if my ex has violated a protective order?

Contact law enforcement and an attorney immediately. A protective order violation may be both a civil contempt matter and a criminal offense. Your safety is the first priority. We handle civil enforcement of protective orders and work in coordination with law enforcement and the criminal process to ensure violations are addressed through every available channel.

Contact a Family Law Attorney in North Mississippi

If a court order in your family law matter is not being followed, or if you have been served with a contempt petition, contact Tollison & Webb P.A. to schedule a consultation.

Call (662) 234-7070 or contact us online.