Contempt Motions and Hearing in Family Court – Child Support and Custody
Before discussing the issue of a “Contempt Motions and Hearing in Child Support and Custody Matters Within the NC Family Courts“, it is important to note that NC Fathers is not a law firm, nor are we attorneys and you should not take this as legal advice. If you find that you need to file a contempt hearing or motion in the NC Family Courts, or one is filed against you, then you need to contact a licensed attorney within your county. This article is not legal advice, and here for educational purposes only. NC Fathers is an advocacy organization for all NC non-custodial parents, step-parents, grandparents, and other family members who we believe have had enough with the bias in the family courts, and watching custodial parents having free reign to do as they please. And, with a readership of over 1800 people daily, inevitably the issue of contempt hearing and motions come up with our group as it relates to child custody and child support enforcement proceedings. A contempt motion or hearing is simply something your attorney (or you if you are representing yourself) files with the court on your behalf when you feel that the other party is not following orders imposed by the courts. As a non-custodial family, you are probably aware of contempt hearings brought upon you by child support enforcement when you are late or not paying child support and you realize that you always lose these hearings. The State of NC is very serious about child support, if you don’t pay (or can’t pay which is usually the case), then you will likely face jail because you are in contempt of a court order. The court does not care if you lost employment, have a serious medical issue, your dying, or a family member is having a medical crisis, you are to pay child support and there are no discussions about it. Of course, as non-custodial parents and families, we are all aware that custodial parents have extensive tax incentives, social services incentives, and financial incentives to rely on that you will never have access to. However, what we find is that when you, the non-custodial parent files a contempt motion because perhaps the custodial parent is refusing to follow the visitation agreement or some other order of the family courts, things aren’t as serious are they? If you are found in contempt of court, you go to jail. If a custodial parent is found in contempt of court, which is unlikely, then they are usually only given a warning, or multiple warning, and they walk from court laughing knowing that you just spent over $1,000 to get absolutely nothing.
In fact, we have a non-custodial father within our organization who has filed 15 contempt motions over the past eleven years after the custodial mother refuses to follow the visitation agreement and she is never held liable for her actions and this father has spent over $18,000 on the contempt hearings in attorney fees. This is in addition to the $22,000 child custody hearing. Unfortunately, his case is not unique. Of course, none of this should be of shock to you if you are a father or woman in the paternal family as it is common knowledge in our culture that fathers rarely win anything within the NC Family Courts except jail sentences for being in poverty.
If you are reading this site as a NC non-custodial parent, step-parent, grandparent, or other family member then we encourage you to review OUR GOALS, consider joining our MAILING LIST, and FACEBOOK PAGE as we continue with our mission of reforming the NC Family Courts to be less divisive and more about equally shared parenting. Furthermore, we hope you will click on the RED and BLUE graphic below to get a rather exhaustive reminder of the contempt that Judges have for non-custodial families in NC.
Judges, Contempt Hearing and Motions Within the NC Family Courts
NC Fathers would like to be able to tell you that there are ways that you can win in the NC Family Courts if you find that you are best served in filing a contempt motion or hearing in a child custody matter, but the reality is that family court Judges across this country have been trained by lobby groups that have a vested interest in the “mother take all family court” system and it does not appear that anything is changing. We think this is not changing because there is no organization of non-custodial families or Father’s rights groups that hold Judges and Politicians accountable, where there are very well funded and entrenched groups that advocate for mothers.
However, we are not suggesting that you give up on the process or your children if the custodial parent is not following a court order, and we strongly encourage you to document your case very well and present everything to your attorney. But having said that, I would not expect much. Each day in North Carolina, custodial mothers do very bizarre things that have serious impacts on their children and non-custodial families and they are rarely held accountable. This has allowed mothers to be socialized into thinking they can do anything they want to and will never be held accountable. Or, if they are held accountable, it’s very insignificant.
Probably the single greatest problem we have with filing a contempt motion or hearing in the NC Family Courts when it is over visitation is that for going on eight decades now just about everyone in the family court system has had no problem talking about “deadbeat fathers” and “absent fathers” and the minute that we do stand up for our kids, we are usually forced to sit down, and sit down hard. Additionally, NC law provides for reimbursement for the person filing a contempt motion in the family courts to be payed by the offender if the contempt violation is found to be validated and ruled as such, but this very rarely happens.
A Sure Way For NC Non-Custodial Families To Win a Contempt Motions in Child Custody and Visitation Hearings
NC Fathers strongly believes that the minute NC non-custodial families, from all ethnic, political party affiliation, and economic backgrounds unite around one central organization and have their voices heard through voting and activism, Politicians and Judges in NC will take note and provide a better family court system that is truly built around equality and the best interest of the children, not the best interest of mothers and children only. Moreover, we can not express enough how important it is for women in paternal non-custodial families to start speaking out on the biases that are systemic withing the NC Family Courts. Each times that a NC Father is sent from the court room hanging his head after spending thousands of dollars to have his visitation upheld via a contempt motion and was denied that, many women in paternal families get stung as well.
Please, consider sharing this important article on Contempt Motions and Hearing in Child Support and Custody Matters Within the NC Family Courts with other NC non-custodial families on sites like Facebook, Twitter, and Google+ so that greater awareness is obtained, and we have can build an organization that works to reform the family courts.
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9/2015 – Updated tags for Contempt Motions and Hearing in NC Family Court – Child Support and Custody