Preparing for a Contempt Hearing

A contempt hearing tests whether nonpayment or disobedience of the order was willful and what should be done about it. The court’s job is to get compliance, not to punish for punishment’s sake—but you must show up prepared. Here’s a practical guide whether you’re seeking enforcement or defending against contempt.

Know the elements. Civil contempt generally requires: (1) a valid order; (2) knowledge of the order; (3) the ability to comply; and (4) a failure to comply. The key fight is often “ability to pay.” If you’re the movant, bring proof of the order, service, and the payment history. If you’re the respondent, bring evidence of your inability and efforts to comply.

Build the ledger. Print the State Disbursement Unit (SDU) history and create a simple chart: ordered amount per month, payments posted (with dates and sources), arrears running total, and interest “as of” the hearing date. Highlight gaps. If you’re defending, include partial payments to show good faith.

Proving ability—or inability. Ability can be shown with paystubs, bank deposits, gig payouts, and lifestyle evidence (recent travel, large purchases). Inability requires more than “I’m broke.” Bring layoff notices, new schedules showing reduced hours, medical restrictions, unemployment claims, job search logs, and applications. A vocational evaluation may be appropriate if underemployment is alleged.

Purge plans. Courts often set “purge” conditions—specific steps to avoid jail or further sanctions. Arrive with a workable purge: a lump sum (even modest), an arrears installment added to current support, and automated withholding or ACH. Propose a 60–90‑day review so the court can see progress. If you’re seeking contempt, present a plan the court can adopt—judges appreciate solutions.

Evidence and testimony. Keep your packet tight: orders, SDU statements, paystubs, EOBs/receipts for add‑ons, and any prior payment plans. Authenticate texts or emails by context and phone numbers. Object briefly to irrelevant or speculative claims. Stay calm and answer questions directly. Remote hearing? File exhibits early as a single bookmarked PDF.

Rights and risks. Contempt can lead to jail time in some cases; courts must provide due process and, in many states, consider appointed counsel if incarceration is on the table. If you face jail and cannot afford counsel, tell the court early. Never sign a stipulation you can’t meet just to avoid a bad day—broken purge plans lead to worse outcomes.

After the hearing. Get a copy of the minute order. If you’re paying, make the purge payment immediately and set up automation. If you’re receiving, monitor the SDU and report noncompliance at the review. Fix payroll and portal glitches right away with documentation.

Bottom line. Contempt hearings hinge on clarity and credibility. Bring numbers, show ability or real inability, and offer a practical path forward. Courts reward preparation and good‑faith compliance.

Common pitfalls. Skipping the hearing, blaming without documents, or promising a purge you can’t meet. If you need a short continuance to gather proof, ask early and explain exactly what you’ll file (bank statements, job search log, medical letter). Judges grant continuances for diligence, not for delay. Finally, don’t argue about unrelated custody or property disputes; keep the focus on compliance and math—what’s owed, what’s paid, and how to fix the delta.