If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).
In Alabama, when a parent fails to make court-ordered child support payments, the other parent has the right to file a motion for contempt to address the noncompliance. This motion is a legal action taken to highlight the non-paying parent's disregard for the court's order. The consequences of being found in contempt of court can be severe. The court may enforce various penalties, including the potential loss of custody or visitation rights, and the non-compliant parent might be ordered to pay the legal fees and costs incurred by the other parent in bringing the motion. Additionally, coercive civil contempt measures may be used to compel payment, such as wage garnishment or liens on property. In cases of repeated failure to comply with child support orders, the court may escalate the matter to criminal contempt, which can result in jail time for the delinquent parent. It's important for parents facing such issues to consult with an attorney to understand their rights and obligations under Alabama law.