## Family-court contempt in South Dakota When ex-spouses violate court orders — refusing visitation, withholding support, denying property — **contempt of court** is the primary enforcement mechanism. South Dakota family courts have broad authority to enforce orders through contempt proceedings. ## Civil vs criminal contempt **Civil contempt:** - Purpose: COERCE compliance - Defendant holds "keys to jail" — purge by complying - Lower burden of proof (preponderance / clear-and-convincing) - Indefinite jail time possible (until compliance) - Most common in family law **Criminal contempt:** - Purpose: PUNISH past violations - Fixed sentence (cannot purge) - Higher burden (beyond reasonable doubt) - Constitutional protections apply - Less common in family court ## Common contempt scenarios **Child support:** - Failure to pay ordered support - Willful refusal despite ability - Most common contempt **Visitation:** - Denying visitation rights - Failing to deliver child for visitation - Bad-mouthing other parent - Interfering with relationship **Custody:** - Violating custody arrangement - Unauthorized relocation - Withholding child - Refusing to follow specific provisions **Property division:** - Failure to transfer property - Disposing of marital assets - Refusing to refinance / sell - Hiding assets **Alimony:** - Failure to pay ordered support - Quitting job to avoid - Willful underemployment **Discovery:** - Failure to produce documents - Failure to respond to interrogatories - Failure to appear at deposition **General orders:** - Refusing to comply with court directives - Failing to perform required actions - Disrupting court proceedings ## Elements (civil contempt) **Petitioner must prove:** 1. **Valid court order** existed 2. **Other party knew** of order 3. **Violation occurred** 4. **Willful** violation (often) 5. **Ability to comply** at time of violation ## Process **1. Motion for contempt:** - File with original court - Specific allegations - Requested relief (jail, fine, fees) - Supporting affidavits **2. Notice + service:** - Personal service of contempt motion - Show cause order issued - Specific date for hearing - Time to retain counsel **3. Show cause hearing:** - Both parties appear - Evidence presented - Witnesses if needed - Court rules **4. Findings:** - Specific violations identified - Willfulness determination - Ability to comply finding - Sanctions imposed **5. Purge conditions:** - Civil contempt: how to purge - Specific actions required - Deadline to comply - Consequences of non-compliance ## Possible sanctions **For civil contempt:** - **Jail** until purge (often coercive) - **Fines** — daily, weekly, total - **Wage withholding** — automatic - **Property liens** - **License suspension** (driver's, professional) - **Passport revocation** (federal — for $2,500+ child support arrears) - **Credit reporting** - **Tax refund interception** - **Lottery winnings interception** - **Make-up visitation** - **Order to perform specific acts** - **Modification of orders** - **Criminal referral** (for repeat / severe) **For criminal contempt:** - **Jail** (fixed term) - **Fines** - **Probation** **Plus typically:** - **Attorney's fees + costs** to petitioner - **Statutory penalties** - **Interest** on overdue amounts ## Defenses **Common defenses to contempt:** **1. Lack of knowledge:** - Not properly served - Order ambiguous / unclear - No notice of hearing **2. Inability to comply:** - Unemployment / disability - Insufficient income - Loss of employment - Hospitalization - Genuine financial hardship - MUST be financial reality, not voluntary **3. Substantial compliance:** - Good-faith effort - Attempted compliance - Other party's cooperation lacking - Reasonable interpretation of ambiguous order **4. Other party's actions:** - Petitioner's conduct prevented compliance - Petitioner's failure to cooperate - Mutual modification (informal) - Unclean hands doctrine **5. Procedural defects:** - Improper service - Lack of jurisdiction - Statute of limitations - Failure to specify specific violations **6. Vague / overbroad order:** - Order too unclear to enforce - Constitutional vagueness - Order not specific enough ## Inability vs unwillingness **Critical distinction:** **Inability (defense):** - Cannot comply despite efforts - Genuine lack of resources - Documented unemployment - Disability - Reduced income - Provable hardship **Unwillingness (NOT a defense):** - Voluntarily reduced income - Quit job to avoid - Spent money on others first - Hidden assets - Bad-faith underemployment - Refused reasonable employment **Court analyzes ABILITY at time of violation.** ## Child support contempt — special rules **Federal Bradley Amendment (1986):** - Child support arrears NOT modifiable retroactively - Each missed payment becomes judgment - Strong enforcement - Limited equity defenses **Federal enforcement:** - Office of Child Support Enforcement (OCSE) - Federal child support enforcement - Tax refund interception - Passport revocation ($2,500+ arrears) - License suspension - Credit reporting - Wage withholding (federal mandate) **Criminal nonsupport:** - Federal Deadbeat Parents Punishment Act - $5,000+ arrears + 1 year unpaid + interstate elements - Federal felony in some cases - Up to 2 years prison ## Visitation contempt — different remedies **Custodial parent denying visitation:** - Make-up visitation - Modification of custody - Sometimes change in custody - Sanctions (fines, fees) - Criminal contempt (rare) **Critical:** - Cannot use child support payments as leverage - Cannot withhold visitation if support unpaid - Each enforced separately ## Property division contempt **Common scenarios:** - Failure to refinance home - Failure to pay debts assigned - Failure to transfer assets - Disposing of marital assets - Hiding income / assets **Remedies:** - Court-ordered transfers - QDRO enforcement - Sale of property by court - Receivership - Sanctions ## Modifying orders to address compliance **Sometimes better than contempt:** - Substantial change in circumstances - Modify support / custody / visitation - Address root causes - Avoid coercive measures - Move forward constructively ## Strategic considerations **For petitioning party:** - Document violations meticulously - Save communications - Track missed payments / visitations - File promptly (don't delay) - Multiple violations may help - Be reasonable in demands - Consider negotiation first **For responding party:** - Respond promptly to motion - Document inability defenses - Show good-faith efforts - Seek counsel immediately - Consider modification motion - Negotiate if possible - Don't ignore — defaults are bad ## Costs **Contempt proceedings:** - Filing fees: $50-$300 - Attorney's fees: $1,500-$10,000+ - Often shifted to losing party - Travel + time costs **Judgment-proof respondents** make recovery difficult. ## Long-term consequences **Beyond immediate sanctions:** - Court record - Reputation in family court - Future modifications harder - Custody / visitation limitations - Employment effects - Professional license issues - Travel restrictions - Credit score damage ## What you should do If your ex violates a court order in South Dakota: document specifically, send written notice giving chance to cure, then file motion for contempt with detailed evidence. Most South Dakota family attorneys handle contempt motions. Often attorney's fees recoverable. If accused of contempt: respond promptly, seek counsel, document inability defenses. Don't ignore — defaults often result in jail. --- *This guide is general information about South Dakota law as of mid-2026 and is not legal advice. Family-court contempt is technical + serious. Talk to a licensed South Dakota family-law attorney about your specific situation.*