What Is a Purge Payment in a Contempt of Court Case?

A purge payment is a specific sum of money an individual must pay to rectify a finding of contempt of court. Its primary purpose is to clear the contempt and avoid or end a court-imposed sanction, such as incarceration. This mechanism encourages compliance with judicial orders rather than simply punishing past disobedience. Purge payments are most commonly encountered in family law cases, particularly those involving child support or alimony, but can also apply to other court orders.

Understanding the Legal Context

A purge payment is related to the concept of civil contempt of court. Civil contempt arises when an individual disobeys a court order, such as failing to pay court-ordered child support or alimony, or not appearing in court as required. Unlike criminal contempt, which aims to punish past behavior, civil contempt seeks to compel future compliance with a court’s directive. The court aims to persuade the non-compliant party to fulfill their obligations.

When a court issues a civil contempt order, it includes conditions the individual must meet to “purge” the contempt. These conditions often involve making a payment, which serves as a means for the individual to regain compliance. The payment demonstrates a willingness to adhere to the judicial mandate, allowing the individual to avoid or terminate penalties. This mechanism emphasizes that the “key to the cell is in the contemnor’s own pocket,” meaning the individual can end their sanction by complying.

Calculating the Purge Amount

Courts determine the amount of a purge payment, which is tied to the action needed to clear the contempt. This amount often includes overdue sums, such as child support arrears or unpaid alimony. The court might also include court-imposed fines, administrative fees, or attorney’s fees due to non-compliance. Sometimes, the purge amount is less than the total outstanding debt, allowing for immediate partial compliance.

When setting the purge amount, a judge considers several factors. These factors include the individual’s ability to pay, their history of non-compliance, and the terms of the original court order. The court must ensure the purge amount is reasonable and that the individual has the present ability to pay it; otherwise, any associated incarceration could be deemed punitive rather than coercive. The goal is to encourage compliance without being impossible to meet.

Making the Payment

Once a court has determined the purge amount, the individual must follow procedures for making the payment. Common methods for submitting a purge payment include certified checks, money orders, or cashier’s checks. Some courts may also accept credit or debit cards, often with an associated processing fee, or cash for in-person payments. Personal checks are not accepted for these types of payments.

The payment should be made to the court clerk or an agency, such as a child support enforcement office, as directed by the court. Payment should be made to the designated entity rather than directly to the aggrieved party. After making the payment, obtain and retain proof of payment, such as a receipt or transaction confirmation. This documentation might need to be filed with the court to acknowledge compliance and initiate the lifting of sanctions.

Outcomes of the Order

Making the full purge payment results in the contempt finding being cleared. When the payment is made as ordered, any associated sanctions, such as incarceration, can be lifted. This compliance resolves the immediate contempt issue, and any warrants for arrest related to the contempt may be recalled. The legal system uses purge payments to ensure adherence to court directives, so fulfilling the payment satisfies this objective.

Conversely, failing to make the purge payment can lead to significant legal consequences. These can include continued incarceration. An active warrant for arrest may remain in effect or be issued if the individual has not yet been taken into custody. Additional fines or other court-ordered sanctions may also be imposed for ongoing non-compliance with the contempt order. The court’s authority to enforce its orders is maintained through these mechanisms.