Contempt of Court in Long Island, NY Divorce, Penalties & Legal Remedies Explained
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Contempt of Court in Long Island, NY Divorce, Penalties & Legal Remedies Explained
When a Long Island, New York court issues an order for child support, child custody, spousal support, property division, orders of protection, or anything else in a divorce, that order carries the full force of New York state law. It’s not a suggestion or optional; it’s an order. Unfortunately, many Long Island residents find themselves dealing with an ex-spouse who doesn’t understand the legality of these orders and simply refuses to comply.
If that sounds familiar, you may be wondering: What can I do?
The answer often lies in contempt of court, one of the strongest enforcement tools available under New York state law.
At Hornberger Verbitsky, P.C., our experienced Nassau and Suffolk County divorce and family law attorneys help clients on both sides of this issue: those seeking to enforce orders, and those accused of non-compliance. This guide explains everything you need to know about contempt of court, including what it means, how it’s proven, what penalties the court can impose, and how to protect your family and finances while restoring accountability.
Key Takeaways from This Article
- Contempt of court arises when someone willfully disobeys a valid Long Island court order.
- Civil contempt compels compliance; criminal contempt punishes defiance.
- Nassau and Suffolk courts can impose fines, compel payment of attorney’s fees, or even jail for serious violations.
- Willfulness must be proven, so documentation is everything.
- Contempt can alter child custody, your finances, and your reputation.
- Alternatives like wage garnishment or mediation may resolve disputes faster.
- Filing for modification of court orders early prevents arrears from becoming contempt.
- Nassau and Suffolk Family Courts enforce orders daily, so preparation counts.
- An experienced Long Island family law lawyer can ensure effective strategy and compassion to guide your case.
- The goal shouldn’t be punishment, but compliance, stability, and fairness.
What ‘Contempt of Court’ Means in a Long Island, New York Divorce
A person is in contempt of court on Long Island when they willfully disobey a lawful order issued by a New York state judge. Under Judiciary Law § 753 and Domestic Relations Law § 245, contempt applies whenever someone has the ability to comply but chooses not to.
Judges do not take this lightly. New York’s family-law system relies on obedience to maintain fairness between ex-spouses and stability for children. When a parent or former partner defies those rules, Nassau County and Suffolk County Family Courts must intervene to enforce respect for its authority.
Two Main Types of Contempt of Court in Nassau County and Suffolk County, NY
Civil Contempt
Civil contempt is meant to compel obedience or compensate the injured party. The goal isn’t punishment; it’s to make the wrongdoer comply.
Example: if your ex refuses to pay child support, the judge may jail them until they pay or may garnish wages to satisfy arrears. The key phrase is “the contemnor holds the keys to their own cell.”
Criminal Contempt
As opposed to civil contempt, criminal contempt is punitive. Criminal contempt punishes behavior that insults or obstructs the authority of the court.
Examples: threatening a judge, ignoring subpoenas, or repeatedly defying orders despite prior warnings.
In divorce cases, criminal contempt is rare. Most matters focus on civil enforcement to get results, not retribution.
Common Grounds for Contempt in Divorce and Family Law Cases on Long Island, NY
Contempt can arise in almost any post-divorce situation:
- Failure to pay child support or spousal maintenance.
- Violating child custody or visitation orders, including denying parenting time.
- Refusing to transfer marital assets after property division.
- Ignoring restraining or protection orders.
- Hiding income or assets required for financial disclosure.
- Failure to pay attorney’s fees ordered by the court.
- Disobeying settlement agreements incorporated into a judgment.
In Nassau County and Suffolk County Family courts, the most frequent contempt petitions involve unpaid support and visitation interference. Nassau and Suffolk judges view these as direct threats to a child’s well-being.
How the Contempt Process Works on Long Island, NY
Step 1 – Consultation and Assessment
If you think your ex should be held in contempt of court, the first step is meeting with an experienced Long Island divorce and family law attorney. You’ll review the order, evidence of violations, and your goals, which could be to compel payment, restore parenting time, or stop harassment.
Attorneys look for three things:
#1. Is there a clear written order?
#2. Did the other party know about it?
#3. Can we prove willful disobedience?
If those answers are yes, a contempt action may be appropriate.
Step 2 – Filing a Motion or Petition
Your divorce or family law attorney will file a motion for contempt (or in Family Court, a Violation Petition) detailing the violation, attaching proof, and requesting specific remedies, including payment, sanctions, or make-up visitation. The court will then schedule a hearing date and ensures the accused party is properly served.
Step 3 – Response and Evidence Exchange
The accused may respond, claiming misunderstanding, inability, or lack of notice. Both sides exchange documents: bank statements, text messages, receipts, calendars, etc.. Ensure you have your documents in order. Credibility matters. Judges favor parents who appear organized, factual, and respectful.
Step 4 – Hearing Before the Judge
At the hearing, each side testifies under oath. The petitioner must show:
- a valid court order existed
- the other party knew of it
- their violation was willful
The judge may question both parties directly, especially in Nassau County and Suffolk County where judges expect clarity on financial ability and intent.
Step 5 – Findings and Remedies
If contempt is proven, the court issues a written decision imposing penalties. These can include fines, reimbursement, attorney’s fees, modification of custody, or jail.
If contempt isn’t proven, the court may still clarify obligations or issue warnings to prevent recurrence.
Real-World Examples from Long Island Courts
Case Study 1 – Support Arrears
A Commack father fell $25,000 behind in support, claiming reduced income. Suffolk County court reviewed his bank deposits, found luxury spending, and held him in contempt. He was ordered to pay the arrears plus his ex-wife’s attorney’s fees within 30 days or face jail.
Case Study 2 – Custody Violations
In a Suffolk County case, a mother repeatedly canceled her child’s weekend visits with the father. After three documented incidents, the judge imposed a $1,000 fine and granted make-up time. Continued defiance led to a temporary custody modification.
Case Study 3 – Property Division
A Nassau County husband refused to transfer title to the marital home as ordered. The judge found him in contempt and directed the sheriff to execute the deed transfer, plus awarded $5,000 in legal fees to the wife.
Penalties Available to Nassau and Suffolk County Courts
Judges have broad discretion to tailor penalties to fit the violation:
- Fines or Restitution – repayment of losses or missed payments
- Attorney’s Fees – reimbursement for costs of enforcement
- License Suspension – driver’s, business, or professional
- Wage Garnishment or Asset Seizure
- Community Service or Probation
- Modification of Custody or Support Orders
Courts usually escalate consequences. A first-time violation may result in a warning or payment schedule; repeated defiance may lead straight to jail.
Civil vs. Criminal Contempt: Understanding the Difference
| Aspect | Civil Contempt | Criminal Contempt |
| Purpose | To compel compliance or compensate losses | To punish defiance of court authority |
| Who Initiates | The injured party | The court or prosecutor |
| Duration of Jail | Until compliance | Fixed sentence |
| Standard of Proof | Preponderance of evidence | Beyond a reasonable doubt |
| Result | Payment, compliance, release upon satisfaction | Punitive fine or incarceration |
Civil contempt ends when the violator complies. Criminal contempt stands as a conviction, with long-term consequences.
Defenses Against Contempt of Court Charges on Long Island, NY
Being accused of contempt is serious, but there are valid defenses.
- Inability to Comply – genuine lack of means due to job loss or illness
- Ambiguous Orders – unclear language creates confusion
- Lack of Notice – the party never received the order
- Substantial Compliance – partial but good-faith effort
- Unclean Hands – the petitioner also violated the order
An attorney can gather pay stubs, correspondence, and testimony to demonstrate that non-compliance wasn’t willful.
How Contempt Impacts Child Custody and Support
Contempt findings can dramatically affect family dynamics. A parent who withholds visitation may lose joint custody. A parent who withholds support may lose credibility in future hearings.
Judges look for patterns: Is this an isolated lapse or ongoing defiance? Parents who quickly correct mistakes often avoid severe penalties. Those who continue to disregard orders may face permanent changes in custody.
For more information read, What Happens if My Ex Refuses to Follow a Custody Agreement
Financial Consequences Beyond a Nassau or Suffolk Courtroom
Even without jail, contempt can harm you financially:
- Judgments can appear on your credit report
- Professional licenses may be suspended
- Tax refunds can be intercepted
- Passport applications may be denied for child-support arrears
- Interest accrues on unpaid amounts, increasing total debt
For business owners, enforcement orders can disrupt cash flow and reputation. Judges often balance these impacts with the need to ensure fairness.
Emotional Toll of Contempt of Court on Families
Contempt cases reopen old wounds. They pit former partners against each other again and often involve the children indirectly.
Parents describe feeling:
- Frustrated by constant court returns
- Embarrassed when arrears are discussed publicly
- Angry or helpless watching their ex disregard orders
Children feel that tension. The best approach is to stay calm, focus on compliance, and avoid emotional retaliation. Judges appreciate maturity.
Alternatives to Contempt Actions on Long Island, NY
Contempt is powerful but should be a last resort. Other remedies often achieve faster results:
- Income Execution: Automatically withholds child or spousal support from the payer’s wages.
- Money Judgment: Turns arrears into a collectible judgment for liens or bank levy
- Property Turnover Orders: Allows a sheriff to seize or transfer specific property
- License Suspension: For long-term arrears exceeding statutory limits
- Mediation and Collaborative Law: When both sides remain communicative, mediation can rebuild trust and avoid escalating conflict
For more information, read Alternatives to Court: Mediation and Collaborative Law
How to Prevent Contempt Before It Happens
- Understand Every Order Clearly. Ask your attorney to explain obligations
- Document Everything. Keep payment proofs, emails, and call logs
- Request Modifications Promptly. Don’t wait until you’re in violation
- Follow Deadlines. Courts appreciate punctuality
- Communicate Respectfully. Judges notice tone and effort
- Keep Children Out of It. Never use them as messengers
- Seek Counsel Early. An experienced lawyer can prevent minor mistakes from escalating into contempt
For more information, read Divorce Mediation Tips & Tricks Checklist
The Role of an Experienced Long Island Divorce Attorney in Contempt of Court on Long Island, NY
At Hornberger Verbitsky, P.C., our attorneys regularly:
- File and defend contempt motions in Nassau and Suffolk Family Courts
- Pursue wage garnishments, arrears collection, and property enforcement
- Represent clients accused of contempt to protect against jail or license loss
- Negotiate payment plans or alternative resolutions that maintain dignity
Our goal is simple: to restore fairness while keeping your family’s emotional and financial stability intact.
For more information, read our practice page on Family Law
Extended Case Study: When Enforcement Restores Order
A Farmingdale couple finalized their divorce in 2021. The father was ordered to pay $1,500 monthly support and alternate-weekend visitation. Within six months, he stopped paying support and canceled his visits with the children.
After three ignored requests, the mother contacted Hornberger Verbitsky, P.C. We filed a contempt motion supported by bank records and text messages.
At the hearing, the judge found willful disobedience, ordered $9,000 in back support, attorney’s fees, and required the father to attend a co-parenting program. Within weeks, payments resumed, and the parents re-established a workable schedule.
This case shows that contempt isn’t about punishment; it’s about restoring balance and accountability so children can thrive.
Contempt and Property Division in Nassau and Suffolk
While support and custody dominate contempt filings, property issues also qualify. A spouse who refuses to transfer funds, titles, or assets ordered in a settlement is defying the court and thus in contempt of court.
In these cases, judges can:
- Order a turnover of the property
- Impose fines or daily penalties until transfer
- Authorize sheriff execution to seize the asset
- Award attorney’s fees to the compliant spouse
For more information, read How To Enforce Court Orders & Protect Property After Divorce on Long Island, NY
Interplay Between Contempt and Modification
Sometimes, what looks like contempt is really a need for a modification of the original order. If a payer loses their job, becomes disabled, or faces unavoidable hardship, the proper action is filing for modification before arrears accumulate.
Nassau and Suffolk courts cannot retroactively forgive arrears that accrued before filing, even if your reason was valid. Act early; the law rewards proactive behavior.
For more information, read Can I Modify My Child Support After My Long Island Divorce
Long-Term Consequences of Repeated Contempt
Chronic non-compliance can have lasting repercussions:
- Loss of credibility in future motions before the court
- Harsher penalties for subsequent violations
- Increased attorney’s fees and costs
- Reduced custody or visitation rights
- Public record of sanctions
Judges in Nassau and Suffolk courts remember repeat offenders. Building a reputation for cooperation and honesty is invaluable.
There Are Penalties and Remedies for Contempt of Court in Long Island, New York Divorce Cases
Contempt of court in a Long Island, New York divorce is serious, but it can also be a path to resolution. New York state law exists to protect fairness, stability, and respect for judicial authority. Whether you’re enforcing a judgment or defending against allegations, the key is preparation, documentation, and professional guidance.
At Hornberger Verbitsky, P.C., we’ve spent decades helping Long Island families through these challenges. Our attorneys know the local courts, the judges, and the human side of every case. We’ll work tirelessly to restore compliance and peace of mind for you and your children.
📞 Contact us for a free consultation and case evaluation, call 631-923-1910 or fill out the short form on this page.
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About the Author
Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.
- Over 20 years practicing matrimonial law
- Over 1,000 cases successfully resolved
- Founder and Partner of Hornberger Verbitsky, P.C.
- Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
- Licensed to practice law in the State of New York
- New York State Bar Association member
- Nassau County Bar Association member
- Suffolk County Bar Association member
- “Super Lawyer” Metro Rising Star
- Nominated Best of Long Island Divorce Attorney four consecutive years
- Alternative Dispute Resolution Committee Contributor
- Collaborative Law Association of New York – Former Director
- Martindale Hubbell Distinguished Designation
- America’s Most Honored Professionals – Top 5%
- Lead Counsel Rated – Divorce Law
- American Institute of Family Law Attorneys 10 Best
- International Academy of Collaborative Professionals
- Graduate of Hofstra University School of Law
- Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
- Full Robert E. Hornberger, Esq. Bio
Frequently Asked Questions About Contempt of Court on Long Island, NY
Q. What qualifies as contempt in a divorce on Long Island, NY?
Willful violation of a clear order, including missing payments, ignoring visitation, or refusing property transfers.
Q. How do I file for contempt of Court in Nassau and Suffolk?
Through a motion or violation petition in the same county court that issued your original order.
Q. Can contempt lead to jail time?
Yes, though jail is usually the last resort after warnings and fines fail to produce the intended action.
Q. How long can someone be jailed for Contempt of Court?
Civil contempt lasts until compliance; criminal contempt carries a fixed term (up to 30 days for first offense).
Q. Can I avoid contempt of court charges if I lost my job?
You must file for modification of your original order immediately and show proof of hardship.
Q. Does contempt affect my child custody rights?
Often yes, Nassau and Suffolk courts can change custody rights when violations forced enforcement.
Q. Can contempt of court charges hurt my credit?
Yes, unpaid judgments and arrears can appear on credit reports.
Q. What’s the difference between civil and criminal contempt of court?
Civil contempt of court enforces compliance; criminal contempt of court punishes the act itself.
Q. How long does a contempt of court case take?
Although court calendars vary Nassau and Suffolk Family Court cases in usually take 6–12 weeks, Supreme Court cases usually take significantly longer.
Q. Is a contempt of court conviction permanent on my record?
Civil contempt is purged once resolved; criminal contempt may remain.
Q. Do I need an attorney if I'm charged with contempt of court?
It is highly recommended that you hire an experienced family law attorney if you are charged with contempt of court. The process is complex and mistakes can be costly.
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Lead attorney Rob was also fantastic—personable, friendly, and genuinely supportive throughout. He made a tough process feel manageable and always took time to check in and make sure I felt heard and supported.
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Highly recommend Hornberger Verbitsky if you want trusted guidance and a team that gets results with integrity and compassion.”