A Nevada divorce decree or family court order is not self-executing — when a spouse fails to pay court-ordered spousal support, refuses to comply with a child custody parenting schedule, fails to transfer property ordered divided in the decree, or violates any other specific provision of a family court order, the remedy is a contempt of court proceeding under NRS 22.010 et seq. Contempt is one of the most powerful tools in a family law attorney’s enforcement arsenal because it can result in monetary sanctions, attorney fee awards, and — in appropriate cases — incarceration of the non-complying party. Las Vegas family courts take order compliance seriously, and a well-prosecuted contempt motion sends a clear message that the court’s orders will be enforced. Hauser Family Law represents Las Vegas clients in contempt proceedings — both prosecuting contempt against non-complying former spouses and defending clients against contempt allegations.
Nevada Contempt Procedure, Criminal vs. Civil Contempt, Sanctions Available, and Defenses to Contempt Allegations
Nevada recognizes two forms of contempt in family court proceedings: civil contempt, which is remedial in nature and designed to coerce compliance with the court’s order, and criminal contempt, which is punitive and designed to sanction past violations of the court’s authority. Family court contempt proceedings for failure to comply with a divorce decree are almost always civil contempt proceedings — the purpose is to get the non-complying party to comply, not purely to punish. The procedure for civil contempt in Nevada family court begins with filing a Motion for Order to Show Cause — the moving party files a motion asking the court to issue an order requiring the alleged contemnor to appear and show cause why they should not be held in contempt. The motion must identify: the specific order that was violated (citing the decree provision or prior court order); the specific manner in which the order was violated (e.g., “Respondent failed to pay $2,500 in court-ordered spousal support for the months of February and March 2026”); and the relief requested. If the motion establishes a prima facie violation, the court issues an Order to Show Cause (OSC) scheduling a hearing. At the hearing, the moving party must prove the violation by clear and convincing evidence. The burden then shifts to the alleged contemnor to show compliance was impossible — the inability to comply is a defense to civil contempt (a party cannot be imprisoned for failing to do something genuinely beyond their ability), but the impossibility defense requires proof of genuine inability, not merely inconvenience or financial pressure that could have been addressed differently. Sanctions available in Nevada family court contempt proceedings include: monetary fines; attorney fee awards against the contemnor; makeup parenting time orders when parenting time violations are proven; specific performance orders requiring transfer of property; and in appropriate cases, incarceration in the county jail for up to 25 days per contempt count under NRS 22.100 (with release conditioned on compliance — the “keys to the jail” are in the contemnor’s pocket). Attorney fee awards in contempt proceedings are particularly significant: when the court finds contempt, it commonly orders the contemnor to pay the moving party’s attorney fees incurred in bringing the contempt motion — creating a financial deterrent against repeated non-compliance. Hauser Family Law files and prosecutes contempt motions in Clark County Family Court for Las Vegas clients whose former spouses are not complying with divorce decrees and orders.