A court order for custody, child support, or spousal support is legally binding the moment it is entered — but it is only as effective as the parties’ willingness to comply and the court’s readiness to enforce it. When a co-parent refuses to follow a court order in Nevada, contempt of court is the mechanism that gives the order actual teeth. Understanding how Nevada contempt proceedings work, what remedies are available, and what evidence you need is essential to protecting your rights when the other parent won’t follow the rules.
Civil vs. Criminal Contempt in Nevada Family Court
Nevada law under NRS 22.010 recognizes two types of contempt relevant to family court proceedings:
- Civil contempt is coercive — designed to compel future compliance with the order. It allows the court to impose fines and, in appropriate circumstances, brief incarceration until the contemptuous party purges the contempt by complying. Civil contempt is the most common form in Nevada family court and is used to enforce child custody schedules, support payment obligations, and property division orders.
- Criminal contempt is punitive — designed to punish past conduct that defied the court’s authority. It carries due process protections including a right to counsel and a higher standard of proof (beyond a reasonable doubt for serious criminal contempt). Criminal contempt in family court is less common and typically reserved for egregious, willful violations.
Elements of Contempt in Nevada Family Law
To establish civil contempt in Nevada family court, you must prove three elements: (1) a valid, existing court order; (2) the respondent had knowledge of the order; and (3) the respondent willfully violated the order. The willfulness element means the violation was intentional — not the result of an inability to comply. A parent who genuinely cannot afford to pay child support may not be in contempt, but a parent who chooses to spend money on discretionary purchases instead of paying court-ordered support is acting willfully and can be found in contempt.
Common Contempt Violations in Nevada Family Court
The most frequent grounds for family court contempt in Clark County and across Nevada include: refusing to exchange the children at the court-ordered time and location; denying the other parent their scheduled parenting time without authorization or emergency justification; failing to pay child support as ordered; failing to pay spousal support as ordered; refusing to execute court-ordered property transfers (deeds, account transfers, QDRO documents); violating a domestic violence restraining order; relocating with the child without court authorization; and failing to provide court-ordered access to the child for phone or video calls.
Remedies Available in Nevada Contempt Proceedings
Nevada courts have broad discretion in fashioning contempt remedies. Available remedies include:
- Monetary fines: NRS 22.100 authorizes fines for civil contempt. Fines may be imposed per violation or per day of ongoing violation, creating a financial incentive for the contemnor to come into compliance.
- Attorney fee awards: Courts routinely award the prevailing party’s attorney fees in contempt proceedings as an additional sanction against the violating party.
- Make-up parenting time: For custody violations, courts commonly order additional parenting time to compensate for denied visits.
- Modification of custody arrangement: Persistent violation of a custody order — particularly repeated denial of parenting time or interference with the other parent’s relationship with the child — is a changed circumstance that can support a motion to modify custody in favor of the complying parent.
- Income withholding order: For unpaid child support, courts can issue income withholding orders (wage garnishment) directing the obligor’s employer to deduct support payments directly from wages and transmit them to the other parent or the Nevada State Disbursement Unit.
- Incarceration: As a last resort for coercive civil contempt, a court may order brief incarceration until the contemnor purges the contempt — typically by paying overdue support or complying with a specific court directive. The incarceration must be conditional on the ability to purge (a “key in the pocket” — the contemnor can end the incarceration by complying).
Filing a Contempt Motion in Clark County Family Court
Contempt proceedings in Clark County Family Court are initiated by filing a Motion for Order to Show Cause with accompanying affidavit documenting the specific violations with dates, times, and evidence. The court then issues an Order to Show Cause requiring the other party to appear and explain why they should not be held in contempt. You must appear at the hearing with documentation of each violation — text messages, emails, bank records showing non-payment, witness statements, or photographs. The burden of proof is on the moving party to establish the elements of contempt by clear and convincing evidence in most civil contempt scenarios.
Contact Hauser Family Law to Enforce Your Court Order
Hauser Family Law represents parents seeking to enforce custody and support orders in Nevada family court contempt proceedings, and parents who have been wrongly accused of contempt. If the other parent is not following the court’s orders, contact us to discuss your enforcement options and protect your rights.