The more documentation you have, especially if there are repeated violations, the better contempt case your attorney will be able to present.
Here are a few details that can be helpful to record for each violation:
A family law attorney can help you prepare this filing, as well as craft the documentation you have collected into a case to present before the court in a contempt hearing. Contempt of court Wisconsin forms are found online on the Wisconsin Court System website.
There are several forms Divergent Familiy Law offers assistance with. Depending on your situation, you will need to file one or several of the following:
FA-609: Notice of Hearing and Motion to Enforce Physical Placement Order
FA-611: Order to Enforce Physical Placement Order
FA-4134V: Request for Court-Ordered Mediation
FA-4170V: Notice of Motion and Motion to Change: Legal Custody, Physical Placement, Child Support, Maintenance or Arrears Payment
FA-4172VA: Affidavit for Finding of Contempt
FA-4176V: Decision and Order for Contempt
The most common consequence of a finding of contempt is a fine, often coupled with attorney’s fees and damages related to the contempt. Another possible consequence is jail time, though this consequence is commonly reserved for more extreme cases, as removing one parent from the child’s life is generally not viewed as serving the best interest of the child.
If you are facing such a situation, it is crucial to consult with a qualified attorney who will guide you through the legal process and provide personalized advice.
Here are some general steps you may consider:
Review the contempt of court charge and understand the specific reasons for the allegation. Familiarize yourself with the court order or child support agreement that you are accused of violating.
Collect all relevant documentation and evidence to support your case. This includes financial records, communication records, receipts or any other evidence demonstrating your compliance with the court order or a legitimate reason for any deviations.
Speak with an experienced family law attorney who specializes in child support cases. They will provide guidance on the legal process and build a strong defense strategy based on the specific circumstances of your case.
File a formal response with the court, addressing the contempt charges and presenting your defense. Your attorney will assist you in preparing this response to ensure it adheres to the required legal standards.
Be present at all court hearings related to the contempt charge. It is important to comply with any court orders and provide necessary documentation or testimonies as requested.
Your attorney will help you present your case effectively in court. This often involves cross-examining witnesses, presenting evidence and arguing your position to demonstrate your compliance with the child support obligations or provide valid reasons for any deviations.
In some cases, it may be possible to negotiate a resolution outside of court. This could involve reaching a new agreement with the other party or modifying the existing child support order. Your attorney can help facilitate these discussions and ensure your interests are protected.
