Alabama Contempt Attorneys

If you got a divorce, then your case was finalized by a judge entering a divorce decree. If you and your former spouse did not reach an agreement on the terms of your contested divorce, then the judge decided who got what on the matters you could not agree on in your decree of divorce. If you and your ex-spouse did agree on the terms of your divorce, the judge made your agreement enforceable by ordering you to comply with the terms in your divorce decree. Either way, you are bound to follow the terms of the divorce decree ordered by the judge in your case. After the decree has been entered, if you do not feel that your former spouse is keeping up their obligations as laid out in the decree, you can file a Contempt Petition with the Court.

In Alabama, to find your ex-spouse in Contempt of Court you can file a Rule Nisi or Contempt Petition against your former spouse to compel them to comply with the obligations. Some common reasons to file a Rule Nisi or Contempt petition are failure to pay child support, prohibiting communications with a parent and their child, failure to pay medical expenses for a child, not paying court-ordered insurance, failure to comply with visitation conditions, withholding of awarded moneys and/or property, and any other obligations imposed by the court. There is a filing fee for this petition and it can vary by county. A Rule Nisi Petition is filed in the county where the divorce decree was entered in most cases.

It is best to hire an Alabama Contempt Petition attorney to file this case for you, since they can present your side of the story to the court in a way that sheds the best light on the situation and brings relevant facts and law to light. To do something like this, our local contempt petition lawyer will require something called a retainer. Most family law attorneys work on an hourly rate and bill out of this retainer for the work performed.

Our family law attorney will have to quote you an initial retainer based on your particular situation. If you call today we can give you a phone consultation for the divorce attorney to quote you a retainer over the phone. If you cannot afford to pay a retainer, there may be some situations where other options are available. For instance, if your former spouse is not paying child support you can contact your local DHR office and they can sometimes help.

Once you file the petition, the court eventually schedules a hearing. The defending party (your ex) has to testify under oath to the court why they are not following the terms of the agreement or otherwise prove that they are in compliance. If the court finds that they are not abiding by the terms of the divorce decree, the Judge can order them come into compliance within a certain period of time. If the party refuses to comply, the judge can have them put in jail or fine them substantial amounts until they follow the judge’s orders.

If you need to file a Contempt Petition in Montgomery, Birmingham, Anniston, Huntsville, Decatur, Prattville, Alabaster, Talladega, Jasper, Gadsden, or anywhere else in Central or Northern Alabama and you have a former spouse that is not abiding by the rules set out in your divorce decree, you have options. The most common way to address this, if discussing it with them will not work, is filing a Petition for Rule Nisi with the court.

The hearing will determine if they are not in compliance with your divorce decree, and if not, the judge can attempt to make sure it is carried out. Our attorneys usually do this on a retainer basis. Since this kind of motion involves a hearing and a non-compliant ex-spouse, the fees can fairly expensive. Amounts can vary, but most cases will require thousands of dollars up front. Our experienced Birmingham family law attorney can sometimes work with you on the fees and we do take partial payments up front sometimes. If you call our family law attorney today, we might be able to work something out.

Not every contempt allegation means a person has intentionally violated a court order. In many Alabama family law cases, individuals face contempt petitions due to circumstances beyond their control, such as job loss, medical issues, changes in income, or misunderstandings about court-ordered obligations. Being accused of contempt is serious, but it does not automatically mean the court will find you in violation.

To hold someone in contempt, the court must generally find that the person had the ability to comply with the court’s order and willfully failed to do so. If you were unable to comply due to circumstances outside your control, you may have valid defenses available. Common defenses include lack of financial ability, lack of notice of the order, partial compliance, or ambiguity in the original court order.

If you have been served with a Rule Nisi or Contempt Petition, it is critical to act quickly. Ignoring the petition can result in fines, wage garnishment, suspension of licenses, or even jail time. Our Alabama family law attorneys help clients prepare evidence, financial documentation, and testimony to explain their situation to the court and protect their rights.

Whether you are seeking enforcement of a court order or defending against allegations of contempt, having an experienced attorney can make a significant difference in the outcome. We work to present your position clearly and persuasively so the court understands the full context of your situation.

1. What does it mean to be held in contempt of court in Alabama?

Being held in contempt of court means a judge has determined that a person failed to follow a court order, such as a divorce decree, custody order, or child support order. Contempt can result in fines, court-ordered compliance, wage garnishment, or even jail time depending on the circumstances.

2. What is a Rule Nisi in an Alabama divorce case?

A Rule Nisi is a type of contempt petition filed to require a former spouse to appear in court and explain why they have not complied with a prior court order. It is commonly used to enforce child support, visitation, medical expense payments, and other divorce-related obligations.

3. Can I go to jail for contempt of court in Alabama?

Yes, in some cases. If a judge finds that a person willfully violated a court order and has the ability to comply but refuses to do so, the court may impose jail time until compliance occurs. However, incarceration is typically a last resort, and courts often provide an opportunity to correct the violation first.

4. What should I do if my ex-spouse files a contempt petition against me?

You should speak with an Alabama family law attorney immediately. Contempt petitions move quickly, and you will need to present evidence showing compliance or a valid reason for non-compliance. Failing to respond or appear in court can result in serious penalties.