What is the effect of an obligor being found in criminal contempt?

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When an obligor is found in criminal contempt for willingly failing to pay, the court distinguishes between civil and criminal contempt. Criminal contempt is a punitive measure intended to punish the obligor for their willful failure to comply with a court order, such as payment of support. This means that they can indeed face jail time as a consequence of this willful non-compliance.

The purpose of imposing jail time in this context is to deter not only the obligor from future non-compliance but also to send a message to others about the seriousness of adhering to court orders. A finding of criminal contempt implies that the court has determined the obligor's disregard for the court's authority was willful and intentional, warranting a more severe consequence than merely being fined.

In contrast, civil contempt typically involves coercive measures to compel compliance, such as fines or community service, without the punitive aspect of incarceration. Additionally, while appeals can be made in certain contexts, the immediate consequences of criminal contempt specifically include the possibility of jail time, supported by the court's ability to enforce its orders through this mechanism. Understanding this distinction reinforces the importance of fulfilling obligations mandated by court orders in family law cases.

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