Contempt Action in Missouri Family Law: Ensuring Compliance with Court Orders in Joplin, MO and Beyond
When a parent, spouse, or other party fails to comply with a court order in a family law case, you may need to take action to ensure the court’s decision is enforced. In Missouri, filing a contempt action can compel someone to follow a child custody, child support, spousal maintenance, or visitation order. Understanding when and how to pursue a contempt action is vital to protecting your rights—and ensuring fairness for your family.
At Flex Legal Group in Joplin, Missouri, we are committed to helping families navigate the complexities of contempt actions under Missouri law. If someone isn’t honoring the court’s orders in your case, we’re here to provide the support you need to enforce those orders.
What Is a Contempt Action in Family Law?
A contempt action is a legal process in which one party asks the court to hold another party accountable for failing to comply with a court order. In family law cases, these actions are typically used to enforce:
- Child support payments
- Visitation or parenting time schedules
- Spousal support (maintenance)
- Property division in divorce settlements
Relevant Missouri Code Sections:
RSMo § 452.340 – Governs contempt actions in child support and custody cases.
RSMo § 452.405 – Provides the basis for contempt when a parent refuses to comply with a custody order.
RSMo § 455.040 – Relates to the enforcement of family law orders involving spousal support or maintenance.
To succeed in a contempt action, you must demonstrate that the other party willfully violated the court order and that the violation has impacted your or your child’s well-being.
When Can a Contempt Action Be Effective?
While a contempt action is an effective way to address non-compliance, it’s important to recognize situations where it may work best.
3 Case Examples of When a Contempt Action May Be Effective:
- Failure to Pay Child Support
Case: In Joplin, MO, a father fails to pay his court-ordered child support for several months. The mother files a contempt action under RSMo § 452.340, and the court orders the father to pay the overdue support plus additional penalties.
- Parent Denying Visitation Rights
Case: A non-custodial parent in Webb City is repeatedly denied access to their child, despite a clear court order specifying visitation times. The parent files for contempt, and the court orders compensatory visitation to make up for the missed time and imposes penalties on the custodial parent.
- Failure to Pay Spousal Maintenance (Alimony)
Case: A former spouse in Carthage refuses to pay the spousal maintenance as stipulated in the divorce decree. The recipient spouse files a contempt action under RSMo § 452.340, resulting in the court ordering the overdue payments and garnishing the paying spouse’s wages.
When a Contempt Action May Not Be Effective
While contempt actions can often resolve disputes, there are situations where filing a contempt motion may not lead to a successful outcome or may not be the most effective option.
3 Case Examples of When a Contempt Action May Not Be Effective:
- Inability to Pay Child Support
Case: A father in Neosho, MO has lost his job and is unable to make the required child support payments. Despite his best efforts, he’s financially unable to pay the full amount. A contempt action is filed, but the court acknowledges his financial inability and issues a temporary modification to the child support order instead of punishing him.
- Visitation Denial Due to Parental Alienation
Case: A mother in Joplin repeatedly denies visitation because the child claims to be scared of the father, even though the father has done nothing wrong. The father files for contempt, but the court finds that the child’s objections are due to parental alienation—and instead orders counseling rather than issuing contempt sanctions.
- Spousal Maintenance Contempt Action in Case of Health Issues
Case: A spouse in Carthage, MO is unable to pay spousal maintenance due to significant health problems and is in the hospital. Although the spouse has missed several payments, the court will likely grant a temporary suspension of payments due to the health emergency rather than a contempt ruling.
How Flex Legal Group Can Help
At Flex Legal Group, our experienced family law attorneys understand the frustration of having a court order ignored, whether it’s child support, spousal maintenance, or visitation. We can help you file and pursue a contempt action if your court orders are not being followed. Our team is ready to assist with:
- Filing contempt actions for child support, visitation, or spousal maintenance
- Defending against contempt allegations
- Modifying child support or visitation orders when there’s a legitimate reason for non-compliance (e.g., illness, financial hardship)
- Enforcing court-ordered agreements to protect your rights and those of your children
If someone isn’t following a family law order, it can affect your finances, relationships, and well-being. We’re here to ensure that your case is handled efficiently and effectively.
Need help with a contempt action or enforcing a court order?
Contact Flex Legal Group in Joplin for a consultation today. We’re here to guide you through the legal process with care and determination to ensure that your family law rights are protected.