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If the Court finds that the Petition sets forth factual allegations which support a finding of contempt, it shall set the matter for hearing and order that Notice be given to Respondent alleged to have committed contempt.

The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.

Writs of habeas corpus are also used in situations where there is statutory custody, such as in a paternity action. If the child is detained away from the mother, and there's no custody order, then she can seek out a writ of habeas corpus to recover the child and get custody under the statute.

If a parent is held in contempt, he or she may receive a jail sentence, which typically lasts between 30 to 90 days. The purpose of the sentence is to encourage payment, so the delinquent parent can get out of jail by paying an agreed-upon amount of his or her support obligation, usually in one lump sum.

Doing it yourself: You can write up court papers yourself and file them with the court clerk, asking that the judge set a hearing to decide if a modification of child support will be ordered. You should always talk to a lawyer and have your paperwork reviewed before you do this.

A contempt is indirect when it occurs out of the presence of the court, thereby requiring the court to rely on the testimony of third parties for proof of the offense. It is direct when it occurs under the court's own eye and within its own hearing.