Contempt of New York Court Orders

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DISOBEYING A NEW YORK COURT ORDER

In New York, contempt involves actions that disregard or disobey a lawful court order, engage in misconduct within the court’s presence, or otherwise obstruct the court’s process and interfere with a judge’s ability to administer justice. Being in contempt can arise from failure to comply with orders, tampering with official documents, withholding evidence, disrupting court proceedings, or defying the authority of a judge.

Contempt proceedings fall into various categories, including civil contempt, criminal contempt, direct contempt, and indirect contempt, each of which serves to uphold respect for the court’s process and authority.

Civil vs. Criminal Contempt

Civil contempt occurs when someone willfully disobeys a court order. For example, if a parent fails to pay court-ordered child support, he or she can be held in contempt of court. Civil contempt is generally indirect because it does not occur in front of the judge and there must be evidence to prove contempt.

Criminal contempt involves the obstruction of justice, or behavior that inhibits the court from carrying out its operations. This may include actions such as yelling at or threatening the judge, and is usually direct because it typically happens in front of the judge in court.

Consequences for Civil and Criminal Contempt

It is within a judge’s power to impose sanctions, such as a fine or jail, against people who are held in contempt. Punishment for criminal contempt is punitive, meaning courts use it to punish parties for impairing their ability to function properly. In civil contempt, the goal of punishment is to coerce the contemnor into obeying the court’s order, and he or she will be released from jail as soon as they comply. In family law, for instance, holding someone in civil contempt may be a way of enforcing child support, custody and visitation orders, or alimony.

WHAT IF I REFUSE TO PAY COURT-ORDERED CHILD SUPPORT?

If you refuse to pay child support in the state of New York, several enforcement actions may be taken against you, including administrative and judicial processes:

Administrative/Automated Enforcement Processes:

Temporary Increase in Support Payment: If child support payments fall behind, the order may be temporarily increased by up to 50% above the court-ordered amount until the arrears are paid off.

Tax Refund Offset: Any federal or state income tax refunds you’re expecting may be redirected to pay off past-due child support.

Lottery Prize Intercept: If you win a lottery prize in New York State and owe past-due support of at least $50 with winnings of at least $600, OCSE can intercept the prize to fulfill the obligation.

Property Execution (PEX): Delinquent parents’ bank accounts and financial assets may be seized to satisfy past-due support obligations if certain criteria are met.

Driver’s License Suspension: If the amount owed in child support equals or exceeds four months of the current obligation amount and you’re not paying by payroll deduction, your driver’s license may be suspended.

Credit Bureau Reporting: Delinquent accounts may be reported to major Consumer Reporting Agencies if you owe at least $1,000 in child support or are two months in arrears.

Referral to Taxation and Finance: Cases may be referred to the NY State Department of Taxation and Finance for asset seizure if the amount owed meets specific criteria.

Passport Denial: If you owe at least $2,500 in child support, your passport application may be denied unless you can prove an emergency circumstance or pay the arrears in full.

NYC Business and Professional Licenses Denial: Restrictions may be placed on issuing or renewing licenses by NYC agencies if you owe back child support equal to or greater than four months of current support.

Judicial Enforcement Processes:

Violation Petition: After administrative enforcement remedies have been exhausted, a violation petition may be filed to enforce the child support order.

Money Judgment: A decision in court that you’re behind in child support payments, with accumulating interest until paid off.

Lien: A lien may be placed on your property, requiring payment of child support debt before the property can be sold or transferred.

Cash Deposit: You may be required to deposit money toward future child support payments.

Referral to STEP: Unemployed or underemployed noncustodial parents may be required to participate in the Support Through Employment Program (STEP) to find employment and make child support payments.

Arrest/Incarceration: An arrest warrant may be issued if you fail to appear in court or seriously fall behind in payments, potentially leading to jail time.

Suspension of State-Issued Licenses: Licenses issued by various state agencies may be suspended if you owe child support arrears equal to or more than four months of current support.

Referral for Criminal Prosecution: Willful nonpayment of past-due child support can be a federal offense, leading to criminal prosecution.

Participation in a Work Program (STEP): If deemed unable to provide financial support due to lack of employment, you may be referred to the Support Through Employment Program for assistance in finding a job and making child support payments.

Understanding Civil Contempt in Family Law Cases

Civil contempt in New York family law refers to a party’s willful disobedience of a court’s lawful writ, process, order, or rule. This type of contempt is common in family law cases where one party neglects their obligations under court orders related to child custody, child support, or spousal maintenance. For example, if a party disregards an order of the court to pay child support, they may be treated as contempt. The purpose of civil contempt is not to punish but to compel compliance with the court’s ruling, ensuring that the process, order, rule, decree is respected.

Direct vs. Indirect Contempt in Family Court

In New York, contempt can be classified as direct or indirect. Direct contempt occurs in the court’s presence or so near thereto that it interferes with its orderly process. This could involve outbursts or disrespectful behavior in the courtroom. On the other hand, indirect contempt involves actions taken outside the immediate view of the court, like refusing to pay ordered child support, which still obstructs the enforcement of a rule, decree, or command. Both forms are addressed by the court to maintain the integrity of its lawful writ process order.

Key Requirements for Filing a Contempt Motion

To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it. For example, if a party violates a writ process order rule for child custody, the court can hold them as a person in contempt if their actions obstruct the enforcement of the order. A successful contempt motion often involves showing that this non-compliance has caused harm to the other party, such as depriving a custodial parent of court-ordered child support.

Consequences of Being Held in Civil Contempt

If a person in contempt is found guilty, New York family courts have several options for enforcing compliance with their orders. Common penalties include fines or even jail time, especially if the non-compliance continues. The severity of these consequences depends on the degree to which the person’s actions interfere with the court’s orderly process and obstruct justice. Judges are vested with the authority to issue penalties in order to compel adherence to the superior court’s rulings, maintaining respect for the process order rule decree.

How Contempt Affects Divorce and Custody Orders

Contempt proceedings can be a crucial tool for enforcing compliance with divorce and custody agreements. If one party fails to uphold a lawful writ process order concerning child support or visitation, the injured party may file for contempt to ensure the terms of the agreement are met. Holding a party in contempt can be effective in reinforcing the rule, decree, or command issued by the court. In contentious cases, judges may take strict action against those who willfully ignore their order of the court, especially if the actions are seen as obstructive thereto as to obstruct court-ordered processes.

Steps to Take if You Are Accused of Contempt in Family Court

Here are steps you can take to protect yourself from contempt:

Respond Promptly
Address the contempt charge immediately upon receiving notice. Ignoring the charge can lead to further penalties and complicate your legal situation.
Understand the Allegations
Carefully review the notice of contempt to understand which rule, decree, or command of the court you are accused of violating. Knowing the specifics of the accusation is essential for building a defense.
Consult a Qualified Family Law Attorney
Seek the assistance of an experienced family law attorney who can help you navigate the complexities of contempt proceedings. Your attorney will provide guidance on how to respond effectively to the charges.
Prepare Your Defense
Work with your attorney to gather any evidence that may explain or justify your actions. If the violation of the order of the court was unintentional, your attorney can help present mitigating factors to the court.
Follow All Court Orders Carefully
Until the matter is resolved, strictly adhere to all court orders to avoid further accusations of contempt. Demonstrating compliance with the court’s rule, decree, or command can work in your favor.
Attend All Court Hearings
Ensure you are present for all required court appearances. Being a person in its presence and showing respect for the court’s authority can positively impact your case.
Consider Options for Compliance
If possible, take steps to comply with the order you are accused of violating. Showing an effort to correct the issue may help reduce the court’s response or penalties.
Follow Legal Advice Closely
Trust your attorney’s guidance throughout the process, as they can help you avoid actions that could worsen the charge or increase penalties.

Protecting Your Rights in Contempt Proceedings

Contempt actions are serious in New York family court, as they directly affect the rights of both parties involved in a case. If you believe your ex-spouse or co-parent is in violation of a lawful writ, process, order, taking legal action may be necessary. However, proving contempt requires detailed documentation of the violation. Courts carefully assess evidence to determine whether a party’s actions were indeed treated as contempt and if they were intended to interfere with the court’s orderly process. Ensuring compliance with family court orders helps maintain the fair administration of justice in the superior court system.

CONTACT A NEW YORK FAMILY LAWYER FROM BRIAN D. PERSKIN & ASSOCIATES P.C.

In a divorce, if either party to a divorce violates the court ordered divorce decree, they can be held in contempt of the court. If your ex-spouse has violated any aspect of your final decree of divorce, you can file a motion for contempt of court. If you need legal help filing this motion, need assistance with a contempt case, or have any questions about contempt, contact an attorney from Brian D. Perskin & Associates P.C.

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