Punishment for Civil Contempt
In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court.
May 03, 2024 at 10:00 AM
19 minute read
In an action for divorce, a court of record has the power to punish a spouse for contempt where he or she defaults in paying any sum of money required by the judgment or order. It may also punish a spouse for contempt where he or she disobeys any lawful mandate of the court. A spouse who is held in contempt of court may be fined or imprisoned, or both (Jud. Law §753(3)).
|Imprisonment for Nonpayment
In an action to punish a defaulting spouse by contempt proceedings for failure to make ordered payments of maintenance, child support, counsel fees, or other payments required by a judgment of divorce or support order, the punishment is a restraint of freedom until he or she pays. (Jud. Law §772). The defaulting spouse may pay and escape at once.
On the return date of an application to punish a spouse for contempt, the questions that are raised must be determined as with any other motion (Jud. Law §772).
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