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Last week, you read our blog about Separation Agreement and Property Settlement.

So, how does Separation Agreement differ from a court order?

The main difference is that a court order is enforced by filing a motion for criminal or civil contempt while a Separation Agreement can be enforced by filing a breach of contract action. The remedies might be specific performance, monetary damages, or some other appropriate fix.  Monetary damages, instead, are financial compensation for a breach.

The purpose of civil contempt is to force compliance when there is ongoing conduct. For example, if a husband was ordered to turn over to a wife’s car title but failed to do so, while he has the immediate ability to do so, the court can imprison the him until he turns over the title. So, a motion for civil contempt requests the judge find that the other party has willfully failed to comply with a court order while the party is currently able.  To achieve compliance a judge can, after finding a party in contempt, put the person in jail until he or she does what was ordered.

A motion for criminal contempt, however, has a different purpose.  In criminal contempt situations, the person who violated a court order is punished for the past violation.  North Carolina statutes generally allow three punishments, in any combination:  censure, imprisonment for up to 30 days, or a fine up to $500.

These options are not always straightforward.  For instance, if two parents sign a Separation Agreement that establishes joint custody with a 50/50 schedule, the other party can sue for custody in court if the circumstances require it.  Whether a court would defer to the Separation Agreement or change the custody schedule depends on the case’s facts.

Do you have further questions about Separation Agreement or criminal or civil contempt? Call our office to consult an attorney about what this means for your situation today.

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