.png)
When a judge issues a court order, whether it’s about child custody, support, visitation, or property division, both parties are legally bound to follow it. But what happens when one person ignores or violates that order? In New Mexico family law, that’s where contempt of court comes in.
Understanding what contempt means, how it works, and what to do if it happens can make a huge difference in protecting your rights and ensuring fairness in your case.
What Is Contempt of Court in New Mexico Family Law?
In simple terms, contempt of court occurs when someone willfully disobeys a lawful order from a judge. In family law, this often happens when one party refuses to comply with orders related to:
-
Child support payments
-
Spousal support or alimony
-
Visitation or parenting time
-
Custody exchanges or communication rules
-
Division of property or transfer of assets
Contempt isn’t just about minor disagreements or misunderstandings—it’s about a clear and deliberate refusal to follow a court order.
Two Types of Contempt in Family Law
-
Civil Contempt
Civil contempt is designed to make someone comply with a court order. The person held in contempt can “purge” or fix the situation by following the order—for example, paying overdue child support or allowing a missed visitation. The main goal is compliance, not punishment.|
-
Criminal Contempt
Criminal contempt, on the other hand, is meant to punish willful disobedience of a court order or disrespect toward the court. This type can lead to fines or even jail time. It’s more serious and is often used when the person repeatedly ignores orders or disrupts court proceedings.
How Contempt Is Proven in New Mexico
Before a judge finds someone in contempt, certain elements must be clearly proven:
-
There is a valid and enforceable court order.
-
The person knew about the order.
-
The person had the ability to comply.
-
The person willfully chose not to follow it.
Judges in New Mexico take contempt matters seriously, but they also ensure due process. The accused party will have the opportunity to explain their actions before any penalties are issued.
Consequences of Being Found in Contempt
Depending on the nature and severity of the violation, a judge can impose various penalties, such as:
-
Ordering payment of overdue child or spousal support
-
Awarding attorney’s fees or court costs to the other party
-
Suspending driver’s or professional licenses
-
Modifying visitation or custody arrangements
-
Imposing fines or even brief jail time
The goal is not always punishment—it’s often to encourage cooperation and uphold the integrity of the court’s orders.
What To Do If Your Ex Violates a Court Order
If your co-parent or ex-spouse is ignoring a court order, it’s important to act through the proper legal channels rather than taking matters into your own hands. You can:
-
Document Every Violation – Keep records of missed payments, denied visitation, or ignored communication.
-
Consult Your Attorney – A family law attorney can help you decide whether filing a Motion for Contempt is appropriate.
-
File a Motion for Contempt – This legal filing asks the court to enforce its order and hold the other person accountable.
-
Attend the Hearing – Be prepared to provide evidence and show that the order was clear, enforceable, and violated willfully.
Defending Against a Contempt Motion
If you’re the one accused of contempt, you still have rights. You may be able to show that:
-
You didn’t understand the order clearly.
-
Circumstances changed and made compliance impossible (for example, job loss or illness).
-
You’ve made a good faith effort to comply.
A skilled family law attorney can help present your case and protect you from unfair penalties.
Why Legal Help Matters
Contempt cases in family law are serious—they can affect your custody rights, financial situation, and even your freedom. Whether you’re seeking enforcement of a court order or defending against a contempt claim, having the right attorney makes a major difference.
At Genus Law Group, we’ve helped countless New Mexico families navigate complex post-divorce and custody disputes. We ensure your court orders are respected and your rights are upheld through every step of the process.
