When the New Hampshire Circuit Court Family Division enters an order, the parties are expected to follow it unless the court later changes, stays, or vacates it. If one party knowingly and willfully fails to comply, the other may ask the court to enforce the order through contempt.
Contempt issues can arise during a pending divorce or years after a final judgment. Common disputes involve unpaid child support or alimony, violations of parenting-time provisions, failure to transfer property or sign required documents, and other failures to carry out court-ordered obligations.
A contempt case is different from a modification. Contempt asks the court to enforce an existing order. Modification asks the court to change an order when New Hampshire law allows it. A party generally should not stop following an order simply because circumstances have changed or the order no longer seems fair.
A New Hampshire contempt enforcement lawyer can review the underlying order, determine whether the obligation is clear, evaluate the evidence of compliance or noncompliance, and address the remedies available to the court. Our New Hampshire divorce lawyers represent clients seeking enforcement as well as clients responding to contempt allegations.
Under New Hampshire Family Division Rule 2.31, contempt may be raised by motion when the underlying case remains open or by petition when the case must be brought back before the court.
What Is Contempt in New Hampshire Family Court?
Contempt is a court-enforcement remedy used when a party knowingly and willfully fails to follow a clear and valid court order.
To establish civil contempt, the person seeking enforcement generally must show that a valid order existed, the other party knew about it, and the other party willfully failed to comply. The wording of the original order matters. Before finding someone in contempt, the court generally must be able to identify a clear obligation that the person was required to follow.
A willful violation does not necessarily mean that someone acted maliciously or with bad intent. It generally means that the failure to comply was voluntary and intentional rather than accidental. If an order is vague or reasonably open to different interpretations, or if compliance was not reasonably possible, the court may determine that contempt has not been established.
Civil Contempt
Civil contempt is by far the more common form of contempt in New Hampshire family law cases. Its primary purpose is to enforce an existing order and obtain compliance, rather than simply punish someone for what has already happened.
For example, civil contempt may be used when a parent fails to pay court-ordered child support, a former spouse refuses to pay alimony, a parent repeatedly interferes with court-ordered parenting time, or a party refuses to transfer property or sign documents required by a divorce decree. The focus is usually on correcting the violation and making sure the court’s order is carried out.
If the court finds civil contempt, it has broad authority to fashion an appropriate remedy. Depending on the circumstances, the court may order payment of overdue amounts, require a party to complete a specific obligation, impose conditions designed to ensure future compliance, award attorney’s fees where authorized, or use other enforcement measures.
Criminal Contempt
Criminal contempt is less common in ordinary New Hampshire family law disputes. Its purpose is to punish conduct that defies the authority of the court rather than to compel someone to comply with an existing obligation.
For example, criminal contempt may involve conduct that seriously disrupts or disrespects the court’s authority, or a completed violation that the court determines should be punished rather than simply corrected. Because criminal contempt is punitive, the accused person receives greater procedural protections, and the alleged contempt must be proven beyond a reasonable doubt.
Most disputes involving support, parenting plans, property transfers, or other obligations arising from a New Hampshire divorce are handled through civil contempt and enforcement rather than criminal contempt.
Common Types of Contempt Cases
Contempt can arise when a party fails to follow a clear family-court order, but certain types of violations are especially common in New Hampshire family law cases.
Common examples include:
- Failure to pay child support: A parent may seek contempt when the other parent fails to pay court-ordered child support or allows a significant arrearage to build up.
- Failure to pay alimony: A former spouse may seek enforcement when the other spouse misses alimony payments, reduces payments without court approval, or stops paying altogether.
- Parenting-plan violations: Contempt may be appropriate when a parent repeatedly withholds parenting time, refuses required exchanges, returns a child late in violation of the order, or otherwise disregards a clear parenting schedule.
- Failure to divide or transfer property: A party may seek enforcement when the other person refuses to transfer real estate, divide a retirement or bank account, turn over property, or complete another financial obligation required by the divorce judgment.
- Failure to sign documents or take required action: Court orders may require a party to sign a deed, refinance property, provide records, maintain insurance, or complete another specific task by a certain date. A willful refusal to do so may support contempt.
- Failure to pay court-ordered expenses or attorney’s fees: A party may also use contempt proceedings to enforce a clear order requiring payment of medical expenses, educational costs, attorney’s fees, or another specific financial obligation.
- Violations of protective or restraining orders: Some violations may support contempt proceedings and may also carry separate criminal consequences.
- Failure to comply with other court orders: In some cases, contempt may involve violations of temporary orders, discovery orders, or other directives entered while a family law case is pending.
Not every missed payment, scheduling disagreement, or incomplete task amounts to contempt. The court will look at what the order actually required, whether the person knew about the obligation, and whether the failure to comply was willful.
Documentation is often important. Payment histories, bank records, emails, text messages, parenting app records, calendars, receipts, and copies of document requests can help establish the events and determine whether the parties comply with the court’s order.
How to File for Contempt in New Hampshire
A contempt case begins when someone asks the Family Division to enforce a specific court order. The other party must have willfully failed to follow that order.
The procedure depends in part on whether the underlying family case is still active or has already closed.
Under New Hampshire Family Division Rule 2.31, parties generally raise contempt through a motion or petition. They file a motion in an open case or a petition to reopen a closed case.
The process generally includes:
- Review the existing order: Identify the exact provision that has not been followed. Also check whether the order requires mediation or another dispute-resolution process before returning to court.
- Document the violation: Gather records showing what happened and when. Depending on the issue, useful evidence may include payment histories, bank records, emails, and text messages. Parenting calendars, receipts, or other documents may also provide useful evidence.
- File the appropriate contempt request: The filing should identify the order the other party violates, explain how the violation occurs, and state the relief the filing party seeks. New Hampshire provides a Petition for Contempt form for Family Division cases.
- Provide notice to the other party: The responding party must receive proper notice of the contempt proceeding and an opportunity to respond.
- Prepare for the hearing: Both parties may present evidence about the order, the alleged violation, compliance, and any defenses. When support or another financial obligation is at issue, the court may also require current financial affidavits and relevant financial records.
- Attend the contempt hearing: The judge will determine whether a party is in contempt and, if so, what remedy is appropriate.
If the court finds contempt, it has broad authority to enforce its order. Depending on the circumstances, the judge may require payment of overdue amounts. The judge may also order a party to complete a specific obligation. The judge may also address wage withholding, award attorney’s fees when authorized, or impose other measures to obtain compliance.
A contempt case depends heavily on the wording of the original order and evidence of the alleged violation. Therefore, careful preparation can make a significant difference. Our Manchester contempt of court lawyers can help evaluate the issue, prepare the filing, and present the enforcement request to the court.
Defenses to Contempt
A person accused of contempt may avoid a contempt finding by showing that the alleged violation was not willful. They may also demonstrate that the order lacked sufficient clarity or that compliance was not reasonably possible.
Common defenses may include:
- Inability to comply: A genuine inability to comply can be an important defense, particularly when an order requires payment or another action. Compliance may depend on circumstances outside the person’s control. For example, someone may unexpectedly lose a job, become seriously ill, or struggle to refinance a mortgage despite reasonable efforts. In such cases, the person may demonstrate that compliance was not possible rather than simply refuse.
- Compliance with the order: Sometimes the parties disagree about whether a violation occurred at all. A person accused of failing to pay support might produce bank records showing the payments occurred. Someone accused of withholding parenting time might provide messages or calendars showing that the scheduled time occurred.
- An unclear or ambiguous order: Contempt generally requires a clear obligation. For example, a parenting order may not identify a specific exchange time or location. Similarly, a property provision may not clearly state when a particular action must occur. In either situation, the court may conclude that the order is too uncertain to support contempt.
- Substantial compliance: A party may have completed the essential requirements of an order even if there was a minor or technical deviation. Whether that is enough to defeat contempt depends on the order’s requirements. It also depends on whether the remaining noncompliance was significant.
- No willful violation: An accidental mistake, reasonable misunderstanding, or event outside a party’s control may show that the violation was not intentional. A missed payment caused by an isolated banking error, for example, is different from deliberately stopping payments. The latter involves intentionally failing to meet a court-ordered obligation.
- Payment or performance before the hearing: Correcting the problem does not necessarily erase what happened. However, it can influence the court’s evaluation of the case and the appropriate remedy.
Inability to comply is often one of the most important defenses in a contempt case. However, the person raising this defense generally has the burden of proving it. Simply saying that money was tight, work became difficult, or compliance was inconvenient may not be enough. Parties may need financial records, employment information, medical documentation, loan applications, correspondence, or other evidence to demonstrate reasonable efforts. Such evidence may also show that the person could not comply despite those efforts.
A change in circumstances also does not automatically excuse noncompliance. If a support, parenting, or other family-court order becomes unworkable, the safer course is generally to request a modification. Rather than simply stop following the order, ask the court to modify it. Until the court changes the order, the existing order usually remains in effect.
Get Experienced Representation for Your Contempt Case
Contempt cases can have significant financial and practical consequences for the person seeking enforcement. They can also affect the person accused of violating a court order.
For someone seeking enforcement, an attorney can review the existing order and determine whether contempt is appropriate. They can organize evidence of the violation and ask the court for a remedy that addresses the problem. For someone responding to a contempt filing, an attorney can evaluate whether the order was sufficiently clear. They can also determine whether the alleged violation actually occurred and whether a valid defense exists.
Turco Legal’s New Hampshire family law attorneys represent clients on both sides of contempt and enforcement proceedings. We can help you understand the court order, prepare for the hearing, and advocate for an appropriate outcome. Our approach considers the circumstances of your case.
To discuss a contempt or enforcement matter with our team, schedule a free phone or Zoom consultation online.
Frequently Asked Questions About Contempt and Enforcement in New Hampshire
What Is the Difference Between Contempt and Enforcement?
Enforcement is the broader process of asking the court to require compliance with an existing order. In contrast, contempt requires proof that a party willfully failed to follow a clear court order.
In some situations, the court may enforce an order or direct future compliance. The court can do so without formally finding the other party in contempt.
Can I Recover Attorney’s Fees in a Contempt Case?
Yes. In many New Hampshire family law contempt proceedings, the court must award reasonable attorney’s fees and costs. The prevailing party receives these awards. This requirement applies when the court finds that the other party failed to obey a prior order or decree. The failure must be without just cause. The availability of fees depends on the type of proceeding and the court’s findings.
What Can the Court Do If Someone Is Found in Contempt?
The court has broad authority to order relief designed to correct the violation and obtain compliance. Depending on the circumstances, the court may order payment of overdue amounts or require completion of a specific obligation. The court may also impose wage withholding, establish a lien, award attorney’s fees, or issue other appropriate enforcement orders.
Can Contempt Be Used to Enforce a Parenting Plan?
Yes. Contempt may be appropriate when a parent willfully violates a clear parenting order. Examples include repeatedly denying court-ordered parenting time or refusing required exchanges.
New Hampshire law also provides other enforcement remedies for substantial violations of parenting-time orders. These remedies may include compensatory parenting time in appropriate cases.
What If I Cannot Afford to Pay Court-Ordered Support?
A genuine inability to pay may be a defense to contempt. However, the person raising that defense generally must prove that compliance was not possible. A change in finances does not automatically change the existing order. Therefore, a person whose circumstances have materially changed should usually seek a modification promptly rather than simply stop paying. Any support that becomes due before a party files a modification request generally remains payable.