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 Arkansas, if a parent fails to make court-ordered child support payments, the custodial parent can file a motion for contempt to address the noncompliance. This legal action is taken because the non-paying parent is disregarding the authority of the court and its order. The consequences of being found in contempt can be severe. The court may order various enforcement measures, including garnishment of wages, seizure of property, suspension of licenses (driver's, professional, recreational), and even interception of tax refunds. Additionally, the non-compliant parent may be required to pay the other parent's attorney fees and costs associated with filing the motion for contempt. In cases of ongoing non-payment, the court has the authority to impose more serious penalties, such as loss of custody or visitation rights. For repeated and willful non-payment, the court may also consider criminal contempt, which can result in jail time. The aim of these measures is to compel compliance with the child support order and ensure that the financial needs of the child are met.