Getting a court order is half the battle. Sometimes it is the easier half.

I remember a case a few years back. We spent months in litigation. Settlement conference. Failed mediation. Trial. My client won on almost every issue. The judge’s order was clear as day.

And then the other side just… did not do what the order said.

My client looked at me like I should have a button to push that makes the order happen. I wish I did. There is no button. But there are tools. Here is what they are and when to use them.

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Contempt of Court

Civil contempt is the primary enforcement mechanism for family court orders in Tennessee. If a party willfully fails to comply with a valid court order, the court can find them in contempt.

Penalties for contempt include fines, payment of the other party’s attorney’s fees, and incarceration. Incarceration is coercive, not punitive, meaning the contemnor can purge the contempt by complying, which theoretically gets them out of jail.

Willfulness matters. If someone cannot comply because of genuine inability, that is a defense to contempt. But inability has to be proven. Choosing not to comply is not the same as being unable to. Courts in Shelby County see this excuse frequently and are good at distinguishing the real from the convenient.

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Wage Assignment for Child Support

For child support enforcement, Tennessee has a particularly effective tool: the income assignment. Child support orders in Tennessee typically include a provision for withholding support directly from the obligor’s paycheck, administered through the state.

If support is not being paid, you can activate the income assignment, which requires the employer to withhold the amount from the paycheck and remit it through the state’s child support system. This bypasses the need for the payor to voluntarily write a check every month. (I, Bill Jones, recommend this approach to almost every client with a support order.)

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License Suspension and Other State-Level Enforcement

Tennessee has authority to suspend driver’s licenses, professional licenses, and recreational licenses of parents who are significantly delinquent in child support. This gets people’s attention in ways that court orders sometimes do not.

The Tennessee Department of Human Services administers child support enforcement and has tools available without requiring a separate court filing in every instance.

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When to File vs. When to Wait

Not every violation warrants an immediate court filing. One missed payment, one late pickup, one miscommunication about school does not require a motion. A pattern does.

Document first. Communicate. Then, if the behavior continues, file. Courts respond better to parties who demonstrate patience and proportionality.

Lawyer Bill’s Advice

A court order is worth exactly as much as you are willing to enforce it.

The law gives you tools. Use them when the situation calls for it.

But enforcement is a process, not an event.

Document, communicate, then escalate. In that order.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.