How to Prepare for a Child Support Contempt Hearing in Minnesota

Child Support & Contempt 

In Minnesota, child support obligations may be enforced by civil contempt proceedings.   If a court finds that jail time can compel compliance with a child support order, the court can order incarceration.  Because of the gravity of a contempt hearing, a court must hold an evidentiary hearing before determining whether contempt has occurred or the possible penalties. That means each party may call witnesses and present evidence as well as cross examine the opposing party's witnesses. 

 

Defenses

A person who faces a contempt hearing must present evidence to demonstrate their attempts to comply with the child support order and any reasons why they were unable to do so. This may mean presenting evidence of partial payments, medical issues, psychological issues, job loss or job searches. A experienced lawyer is invaluable to crafting effective arguments supported by relevant evidence.    

 

Potential Consequences of a Contempt Ruling

If found in contempt, consequences may include fines, wage garnishment, or payment of the other party’s legal fees. In severe cases, license suspension or even incarceration may be ordered. These measures aim to enforce compliance rather than punish.

Disagreeing with the Court’s Decision

If you believe an error occurred during the hearing, you have the right to appeal the decision. In Minnesota, appealing the court's ruling requires demonstrating a legal error or insufficient evidence supporting the original decision.

Preventing Future Contempt Hearings

To avoid future hearings, maintain open communication with the other parent. Proactively address potential payment challenges and review your financial situation regularly. If circumstances change significantly, consider filing a motion to modify the support order before arrears accumulate.

The Role of Legal Representation

An experienced attorney can guide you through the legal process, help organize necessary documentation, and present a convincing financial situation to the court. Legal expertise is invaluable in strategizing the best defense and negotiating favorable resolutions.

If you're facing a contempt hearing, contact Maury D. Beaulier 952-442-7722.