Contempt, Security & Sequestration


Quick Facts
  • A support order is evidence that the obligor is able to pay the obligation.
  • Disobeying an order is evidence of contempt.
  • Contempt charges are serious.

When spousal maintenance or child support payments are ordered, the court may require sufficient security to be given for the payment of the obligation according to the terms of the order. If the obligor neglects to or refuses to give security, or fails to pay the spousal maintenance or child support, the court may sequester the obligor's personal estate and the rents and profits of real estate of the obligor, and appoint a receiver of them.

The court may cause the personal estate and the rents and profits of the real estate to be applied according to the terms of the order.

The obligor is presumed to have an income from a source sufficient to pay the maintenance or support order. A child support or maintenance order constitutes prima facie evidence that the obligor has the ability to pay the award. If the obligor disobeys the order, it is prima facie evidence of contempt. The court may cite the obligor for contempt.

See also: contempt by employer, contempt by nonpayment of support.