Contempt in Chancery Court in Mississippi: What It Means and What to Do
When a person fails to follow a court order—whether related to child custody, child support, visitation, or divorce—they may be held in contempt of court. In Mississippi, these cases are handled by the Chancery Courts, which oversee most family law matters.
At Gulf Coast Family Law, PC, we help clients throughout the Mississippi Gulf Coast understand their rights, protect their interests, and take action when someone refuses to obey a court order. Whether you need to file for contempt or are defending against a contempt charge, this guide is for you.
What Is Contempt in Mississippi Chancery Court?
Contempt occurs when someone willfully violates a court order. In family law, this often involves:
- Failure to pay court-ordered child support
- Denial of court-ordered visitation or custody
- Failure to follow property division terms in a divorce
- Ignoring alimony or spousal support requirements
The goal of a contempt action is not just punishment—it’s enforcement. The court wants to make sure the original order is followed.
Types of Contempt in Mississippi
There are two primary types of contempt in Mississippi Chancery Court:
1. Civil Contempt
This is used to force compliance with a court order. The court may order jail time, but the person can avoid or end it by complying (e.g., paying overdue support).
2. Criminal Contempt
This is punishment for violating the dignity or authority of the court. It can involve fines or jail time that cannot be avoided by later compliance.
In family law, most contempt cases are civil. Our team at Gulf Coast Family Law, PC can help you determine the right approach based on your unique situation.
When Can You File a Contempt Action?
You may be eligible to file for contempt if the other party has:
- Missed child support payments
- Violated custody or visitation orders
- Failed to transfer marital property or assets as ordered
- Ignored financial or insurance provisions in your divorce decree
To file, you must show that the other party knowingly and willfully disobeyed the court’s order. Our firm can assist with the filing, service of process, and hearing preparation.
What Happens at a Contempt Hearing?
During the hearing, the judge will review:
- The original court order
- Evidence that it was violated
- Whether the violation was intentional
If contempt is proven, the court may order:
- Payment of arrears (missed child support)
- Make-up visitation time
- Fines or attorney’s fees
- Jail time (typically for serious or repeated violations)
Contact us today to discuss your case before taking any action.
Defending Against Contempt in Mississippi
If you’re facing a contempt action, you have the right to defend yourself. Possible defenses include:
- Lack of financial ability (in child support cases)
- Misunderstanding of the order
- Emergency situations (e.g., health or safety issues)
- Proof that you actually complied
Do not go to court without experienced legal help. A finding of contempt can damage your reputation and affect future custody or support cases. Let us help protect your rights.
Frequently Asked Questions (FAQs)
Q: Is contempt the same as violating a Property Settlement Agreement (PSA) or custody and support agreement?
A: Yes. Violating a Property Settlement Agreement (PSA) or custody and support agreement may lead to contempt if it’s part of a court order.
Q: Can I file for contempt without a lawyer?
A: Technically yes, but proving contempt requires presenting proper evidence and legal argument. A lawyer can greatly increase your chances of success.
Q: How long does a contempt case take?
A: It depends on the court’s schedule and complexity of the case. Some cases resolve quickly and others take months.
Need Help With a Contempt Case in Mississippi?
Whether you’re seeking to enforce a court order or defend against one, Gulf Coast Family Law, PC is here to help. We understand how stressful and emotional these cases can be—and we know how to get results in Chancery Court.
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