When the Other Parent Refuses to Follow the Court’s Orders, You Have Legal Options
Court orders in Tennessee — including parenting plans, child support orders, alimony awards, property division orders, and divorce decrees — are legally binding. When one party refuses to comply, the court allows you to file a Petition for Contempt (also called an “Enforcement Action”) demanding compliance and, in some cases, punishment.
Whether you are dealing with unpaid support, withheld parenting time, refusal to follow transportation rules, or violations of your Permanent Parenting Plan, we help enforce your rights quickly and effectively.
What Is Contempt in a Tennessee Family Law Case?
Under Tennessee law, contempt is the court’s way of enforcing its orders. A person may be held in contempt if they:
- Willfully violate a court order
- Fail to pay child support or alimony
- Deny scheduled parenting time
- Disobey parenting plan terms
- Refuse to return a child after visitation
- Ignore requirements like counseling or drug testing
- Fail to transfer property or refinance debt under a divorce decree
Contempt may be civil (to force compliance) or criminal (to punish past behavior).
Common Situations Where We File Enforcement Actions
1. Denied Parenting Time / Custodial Interference
Examples include:
- One parent refusing to exchange the child
- Repeated late returns
- Interference with phone calls or communication
- Refusal to follow holiday schedules
- A parent unilaterally changing the parenting plan
Courts take these violations very seriously, because they directly affect the child.
2. Failure to Pay Child Support
The State of Tennessee and local courts aggressively enforce support obligations. Consequences for non-payment include:
- Wage garnishment
- License suspension
- Intercepting tax refunds
- Jail time for willful non-payment
Even if the other parent is struggling financially, they cannot simply stop paying without court approval.
3. Failure to Pay Alimony (Spousal Support)
Alimony arrears accumulate interest and are enforceable through contempt actions.
Courts expect strict compliance with alimony terms.
4. Violations of the Permanent Parenting Plan
Including:
- Failure to communicate
- Refusing to follow medical decision-making rules
- Ignoring transportation responsibilities
- Interfering with extracurricular decisions
- Refusing to share important information
Even small violations can be part of a larger pattern the court will recognize.
5. Failure to Transfer Property After Divorce
Examples:
- Not signing over a vehicle title
- Refusing to vacate or sell the marital home
- Failing to refinance joint debt
- Hiding or selling assets
Property division orders are enforceable, and violations are actionable.
Penalties for Contempt in Tennessee
A judge may impose serious consequences, including:
For Civil Contempt:
- Jail time until compliance
- Daily fines
- Attorney’s fees paid by the violating party
- Make-up parenting time
- Modification of the parenting plan
For Criminal Contempt:
- Up to 10 days in jail per violation
- Fines up to $50 per act
- Permanent record of the violation
Courts have broad discretion in determining penalties.
How We Prove Contempt
To win a contempt action, we must show:
- A valid court order exists
- The other party knew about the order
- The other party violated the order
- The violation was willful
We gather evidence such as:
- Text messages
- Emails
- Parenting plan exchanges
- Witness statements
- Payment records
- Screenshots and call logs
- Police reports (if applicable)
Judges take patterns of repeated violation very seriously.
Defending Against Wrongful Contempt Allegations
We also represent clients who are accused of contempt. Defenses may include:
- Lack of willfulness
- Misunderstanding of the order
- Ambiguous language in the plan
- Inability to pay (if proven with documentation)
- Health or emergency circumstances
- The other parent’s interference or misconduct
Contempt allegations can affect custody, reputation, employment, and future court decisions — we defend them aggressively.
Modification as a Solution
Sometimes repeated violations show that the parenting plan is no longer working.
In these cases, alongside enforcement, we may seek a modification of:
- Parenting time
- Decision-making authority
- Transportation responsibilities
- Communication guidelines
- Relocation restrictions
- Child support (if appropriate)
A modification can prevent future conflict and protect the child’s best interest.
Why Take Contempt Actions Seriously?
Violations erode stability for children and undermine the authority of the court. Tennessee judges view:
- Interference with visitation
- Non-payment of support
- Repeated violations
- Disrespectful conduct
…as major red flags. These behaviors can result in:
- Loss of parenting time
- Loss of primary residential parent status
- Increased supervised visitation
- New decision-making restrictions
Acting early prevents a single problem from becoming a long-term pattern.
How We Help
At Goble & Yow, we:
- Review your court orders
- Collect and organize evidence
- File a Petition for Contempt
- Seek attorney’s fees
- Request make-up parenting time
- Argue for compliance or sanctions
- Protect your rights at every court appearance
We also guide you on how to document future violations properly.
Next Steps
If the other parent is ignoring your parenting plan, withholding your child, refusing to pay support, or violating any court order, you don’t have to tolerate it.
We help you enforce your rights quickly and effectively.
Contact us today to schedule a consultation.