Section 24.9 Contempt

• Library: Family Law Deskbook and 2014 Supp

G. (§24.9) Contempt

Judgments for child support and maintenance can also be enforced through civil contempt proceedings. A prima facie case of contempt is made merely by proving that court-ordered child support or maintenance payments have not been made. The burden then shifts to the nonpaying party, who must show that failure to make payments was because of an inability to pay and that the inability did not occur intentionally or contumaciously. Owsley v. Owsley, 693 S.W.2d 897 (Mo. App. S.D. 1985); In re Marriage of Petersen, 22 S.W.3d 760 (Mo. App. S.D. 2000). If found in contempt, nonpaying parties may be imprisoned until they purge themselves of that contempt. See Johnson v. Johnson, 722 S.W.2d 136 (Mo. App. E.D. 1986). A trial court has discretion to condition a contempt adjudication on a prior reasonable effort to use other means of enforcement. Smith v. Smith, 743 S.W.2d 476, 479 [10, 11] (Mo. App. S.D. 1987).

In addition to ordering imprisonment, the circuit court has the authority to assess attorney fees and expenses. McNeill v. McNeill, 708 S.W.2d 751 (Mo. App. E.D. 1986); see also Bruns v. Bruns, 186 S.W.3d 449, 453 (Mo. App. W.D. 2006); Rodieck v. Rodieck, 265 S.W.3d 377 (Mo. App. W.D. 2008) (the court retains inherent power to award attorney fees in civil contempt cases for willful disobedience of a court order). Instead of imprisonment, the court can impose a fine as long as it is reasonably related to the actual damage suffered by the injured party and is payable to that party. See Smith, 743 S.W.2d at 479 [10, 11].

A civil contempt order is not a final judgment and therefore is not appealable until it is enforced. Muegler v. Muegler, 784 S.W.2d 839 (Mo. App. E.D. 1990). When a trial court heard both parties’ motions to modify the dissolution decree and respective motions for contempt and when the court ruled on all motions but the husband’s motion to hold the wife in contempt, the court’s order was not a final appealable judgment. Reed v. Reed, 803 S.W.2d 181 (Mo. App. S.D. 1991). There can be no final appealable judgment until the order of commitment has been signed.

The general principle is that a contempt order with no punishment is not final and appealable unless the issue on appeal is whether the court had jurisdiction to hear the contempt motion. Happy v. Happy, 941 S.W.2d 539 (Mo. App. W.D. 1997). But in A.B.C. v. C.L.C., 968 S.W.2d 214 (Mo. App. S.D. 1998), the trial court declined to issue a punishment in a contempt order because the father’s motion for change of custody was sustained and there would be no future threat of the mother interfering with the father’s visitation. On the mother’s appeal of the contempt order, the appellate court found the order appealable because the trial court expressly dealt with the issue of punishment in its order even though it declined to impose one.

Although a party’s conduct can constitute contempt, if the court declines to punish the party, the contempt finding is not appealable. A.B.C., 968 S.W.2d 214...