As I state in all of my posts, the answer to the title of this post depends on where you live, and you should speak with a licensed family law lawyer in your area for further questions on this issue.
I have litigated many post-dissolution motions brought by my own clients and I have defended motions for contempt brought by opposing counsel’s clients. In many cases, a motion for contempt is based on a violation of a child support, custody, or parenting time provision of the divorce decree.
However, there are many instances when a person will be in violation of agreements related to the division of marital property which are contained in the parties’ property settlement agreement.
For example, if the divorce decree awards a parcel of real property to one of the divorcing parties, and it states that one of the parties is obligated to pay the real estate taxes on said property, what happens when the person responsible doesn’t pay the taxes? Can the other side simply file a Motion for Contempt of Court and ask the court to find the non-paying person in contempt?
In Minnesota, the answer appears to be no – unless certain criteria for opening up the decree such as fraud or mistake of fact are alleged within one year of the decree being entered.
“Because the property division in a dissolution judgment “is final,” the district court lacks authority to alter the division unless section 518.145, subdivision 2, is satisfied. Minn. Stat. § 518A.39, subd. 2(f) (2006); Stolp v. Stolp, 383 N.W.2d 409, 411 (Minn. App. 1986).”
Unless Minn. Stat. § 518A.39 is satisfied, contempt cannot ordinarily be used as a remedy. Why? Because, in Minnesota, contempt is an extraordinary remedy that must be exercised with caution. Hamptonv. Hampton, 229 N.W.2d 139, 140-41 (1975). In most instances, a judgment that requires the payment of money is enforceable by execution, not contempt proceedings. Minn.Stat. 237 § 550.02 (1990).
As the MinnesotaCourt of Appeals held in the unpublished opinion of Saby v. Saby No. A07-2421:
“[b]ecause contempt is an extraordinary remedy and property settlements are generally treated as ordinary debts under Minnesota law, we decline to permit the use of contempt to enforce a property settlement that requires the payment of money in the absence of express statutory authority to do so. Execution is the remedy available to Ramona to enforce her judgment.”
There are some cases in Minnesota which hold that contempt is available as a remedy when the alleged contemnor does something like failing to transfer title to an asset when all that is required is a signature.
In sum, Apple Valley MN family law lawyers and their clients need to be aware of the use and misuse of contempt of court motions.
