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 Montana, if a parent fails to make court-ordered child support payments, the other parent has the right to file a motion for contempt with the court. This motion is a formal request for the court to enforce the child support order and address the non-compliance of the non-paying parent. The consequences of being found in contempt of court can be severe. The court may order various sanctions to compel compliance, including the potential loss of custody or visitation rights, and the non-compliant parent may be required to pay the legal fees and costs incurred by the other parent in bringing the motion. Additionally, if the failure to pay child support is persistent and willful, the court may impose criminal penalties, which can include jail time. The aim of these measures is to ensure that child support orders are taken seriously and to provide a mechanism for enforcement to support the child's well-being.