Atlanta Contempt Lawyers
Effective Legal Representation in Family Court Order Enforcement Actions
When a family law settlement or trial verdict is turned into a final court order, it becomes legally binding. This means that you and the other party are legally obligated to abide by the terms and conditions stated in the order. If you fail to comply, you open yourself up to negative legal action that can have various and significant financial and other consequences. These consequences are used as remedies by the court to have their orders enforced. Unfortunately, in many divorce and family law cases, one or both parties may violate the court order terms for various reasons. No reasons justify this and they often provide grounds for the opposing party to file a contempt action against you.
If your ex-spouse or the other party has violated the terms of your divorce decree or other family law court order, you can retain the services of one of our experienced family law attorneys at KF Law, LLC for legal assistance. We can file a motion for contempt of court against the offender. Alternatively, for those facing potential contempt actions, we can provide a diligent legal offense. Our team is composed of seasoned trial lawyers who have the skills and commitment need to vigorously pursue your best interests in any family law matter.
Family Law Contempt Proceedings in Georgia
Contempt of court occurs when you have been ordered to comply with the terms and conditions set forth in a standing court order, you willfully failed to comply, and you could have complied given the circumstances. You can be found to be in contempt over any court order provision whether it was a settlement agreement written into the court’s final judgment or a final judgment or decree found by the court after a trial.
Contempt actions can be taken in a variety of scenarios including the following:
- You failed to pay child support
- You failed to pay alimony/spousal support
- You failed to pay off debts you were ordered to satisfy in a marital property division case
- You failed to follow other terms of marital property division such as failure to turn over certain property
- You denied child visitation rights to the other parent
- You failed to return a child to the other parent after your scheduled parenting time
- You failed to comply with some other aspect of a child visitation/parenting plan order
An example of a failure to comply would be if a mother blocks visitation because she has not been paid child support or the payments have been consistently late. Child support and visitation/parenting plans are separate issues. You cannot enforce child support payment through this method. You must file a contempt action against the non-paying parent in order to have support payments enforced.
Remedies That Can Be Applied in a Contempt Action
Courts have discretion in the “remedies” they can apply to force compliance from an offending party. Once an individual is found to be in contempt of court, the court can order up to 20 days in jail, a fine, or any other action it deems appropriate to enforce a court order. Jail time can be avoided through a “purge,” which can be any action the court demands. This action can be the payment of child support arrearages, ordering parenting classes in cases of visitation offenses, ordering immediate compliance with a marital property division provision, ordering the payment of attorney fees on behalf of the aggrieved party, or any other action taken to remedy the situation.
Talk to an Atlanta Contempt Attorney Today
In any family law case that has been finalized, court orders will be issued and must be followed by both parties. Georgia’s family courts expect compliance and, when a contempt action has been filed, will not hesitate to take action against the offending party. Should you be unable to comply with a family court order or believe compliance could be detrimental to your child’s best interests, it is strongly urged that you seek legal guidance from KF Law, LLC.