Dealing with a divorce is undoubtedly a difficult and emotionally challenging time for all parties involved. Among the numerous issues that arise during this process, child custody and support can be particularly contentious. When one spouse fails to uphold the terms of court orders pertaining to custody or support, the consequences in the state of Mississippi can be quite severe.
The Ramifications of Custody Violations
During a divorce involving children, the court decides on custody arrangements, either selecting one parent or granting joint custody based on the agreement reached or the court’s ruling. Should one spouse violate the custody order, the other spouse has the right to take legal action to enforce it. The violation of a custody order can result in a range of consequences, including:
Contempt of Court
If the court determines that a spouse willfully disregarded the custody order, they may hold that spouse in contempt of court. Being found in contempt can lead to fines, imprisonment, or both, depending on the severity of the violation. Furthermore, the offending spouse may be required to attend counseling or anger management classes to address their behavior.
Suspension of Parental Rights
When a spouse repeatedly and flippantly disregards the custody order without considering the well-being of the children involved, the court may decide to suspend their parental rights. This action effectively revokes the offending spouse’s legal authority over their children, potentially leading to limited or no visitation rights.
Consequences of Support Violations
Divorce often involves the payment of child support or spousal support, depending on the specific circumstances. If one spouse neglects to fulfill their obligations in this regard, the other spouse has the option to pursue legal action for enforcement. The consequences for the spouse failing to provide support may include the following:
Wage Garnishment
To ensure payment of past-due support, the court can issue an order for the offender’s employer to withhold a portion of their wages. This method, known as wage garnishment, serves as a means to collect the unpaid support.
Liens on Property
In addition to wage garnishment, the court may opt to place liens on the offending spouse’s property. By doing so, the other spouse gains the ability to collect the overdue support when the property in question is eventually sold.
Contempt of Court
Similar to custody violations, failure to fulfill the required support can also lead to a spouse being found in contempt of court. This outcome carries the possibility of fines, imprisonment, or both, acting as a means to enforce compliance.
Conclusion
Violating court orders pertaining to custody or support during a divorce in Mississippi can result in significant consequences. Offending spouses may face contempt of court charges, suspension of parental rights, wage garnishment, liens on their property, or fines and imprisonment. The most advisable course of action for couples going through a divorce is to respect and adhere to the terms of the court orders and seek legal assistance promptly should any issues arise.