Georgia Contempt, Divorce and Family Lawyers | 770-609-1247
Coleman Legal Group, LLC
Phone: 770-609-1247
What is Contempt in a Georgia Divorce or Family Law Case?
Contempt, in the context of a divorce / family law case is the willful violation of a court order issued in the case. In contempt cases, the parties will frequently disagree about the “willfulness” of a party not following a court order – or – whether the activity was technically a violation of the order. This will usually mean that the court will have to decide if there was “willful contempt” at a court hearing. Because the attorneys in the original divorce or family law case usually have much input into the drafting of the court orders and settlements, it is important to make sure your attorney is working hard to make sure the order is drafted with your best interesting in mind when possible.
This is important to consider because, it is common for the same judge who issued the court order – will likely review accusations that someone is now in contempt of the order. However, as the parties may move and time may pass – it is more likely that a new judge or a new jurisdiction (state or county court) may hear an accusation of contempt.
What are the defenses to allegation of Contempt in a Georgia Divorce or Family Law Case?
Defenses to an alleged contempt citation may include:
• the person accused of contempt did not violate the court order; and / or
• the violation of the court order was not willful – usually due to circumstances beyond the party’s control.
What are common causes of contempt cases in Georgia divorce and family law cases? Contempt allegations are usually about the willful failure to:
• pay child support in total or in a timely manner;
• pay spousal support / alimony in total or in a timely manner;
• take the actions necessary to transfer of property to a former spouse;
• continue to provide their children with healthcare / health insurance benefits;
• pay court ordered attorney fees;
• surrender property to the former spouse or allow access to property;
• follow a child custody order;
• abide by the Domestic Standing Order that is automatic in many Georgia divorce and family law cases;
• abide by miscellaneous provisions of a divorce decree or parenting plan, such as a child’s extracurricular activities; a morality clause; the paying for custody related expenses.
If any activity is covered by a court order, it can usually be the subject of a contempt allegation. This is why when a party’s circumstances change – it is usually wise to seek a modification of child support or a modification of custody before one starts to violate the existing court orders.
What will happen if a Judge finds someone in willful contempt of a divorce or family law court order?
The court may order the person found in contempt to cooperate with the court’s order or be incarcerated. A Judge may even order a person to be incarcerated until compliance with the court’s order begins. For example, the court may order a person jailed until they pay all back child support or alimony / spousal support. In addition, the court may also order the offending party to pay the other party’s attorney’s fees.
What other Court remedies are available for Contempt?
The court can also take additional measures to ensure compliance with its court orders. For example, the court can hold an offending party in criminal contempt imposing fines and incarceration in jail. In addition, the garnishment of bank accounts, wages and other assets can be used to collect past due child support, alimony / spousal support and attorney’s fees payments. In addition, liens can be filed on the property of an offender to remedy past due payments.
How long does a Georgia Divorce or Family Law Contempt case take to complete?
Contempt cases typically move much faster than a divorce or family law case since the subject of the action is usually one issue: did the other party violate an existing Court Order – and if so – what will the court do to help remedy the situation.
What if I am accused of contempt and I prove that the other person lied?
If you can show the court that you have been falsely accused, you can also ask the Court to order the other party that made the false accusations to pay your attorney’s fees. As in most requests for attorney’s fees, the award is at the sole discretion of the court – so this is not a guarantee. Knowing that you could possibly be falsely accused of contempt, it is wise to be proactive and maintain thorough records of support payments and keep all receipts. Document and video record visitation exchanges. Have a witness whenever possible. Keep copies all emails, text messages and voice messages that are relevant to the divorce or family law court orders.
When should I file for Contempt?
If the other party is in actual violation of the Court order, it will depends on the following:
• how important it is to you that the other party obey the Court Order;
• how much money has accumulated in past due support payments;
• how late is the other party in past due support payments;
• what is the risk of harm financially to you for the other party not following the courts order;
• what is the emotional harm to you or your children due to the other party not following the court’s order.
It is important that you do not rely on the other party ordered to reimburse you for your attorney’s fees. Keeping this in mind, it is best not to file for contempt for one minor miscellaneous infraction of the court’s order. However, several small ongoing violations of the court’s order or one major violation is usually worth at least talking to an attorney about. At Coleman Legal Group, LLC – our divorce and family law attorneys can examine your existing court order and your current situation and help you decide when will be the best time to file for citation for contempt.
Likewise, if you have been accused of contempt, the lawyers at Coleman Legal Group, LLC can help. It is best to have a divorce / family law attorney at your side when you have been accused of contempt. The risk of taking on such a case alone is usually not worth the possible outcome. An attorney can help you put forth the best possible defenses to an accusation of contempt and usually help you settle out of court an actual contempt violation.
Call 770-609-1247 or use the Email Submission Form Below
Weekend and Evening Appointments and Consultations Available.
[contact-form-7 id=”1180″ title=”CLG Contact – Body”]
Main Office, Alpharetta, Georgia: 5755 North Point Parkway, Suite 52, Alpharetta, GA 30022
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
| Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 52 Alpharetta, GA 30022 Phone: 770-408-0477 | Map |
Atlanta Georgia |
| Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-408-0477 | Map |
Cumming Georgia |
| Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Advice for Father’s in Divorce
Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated. This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit. Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family. However, there are ways...
read moreIs Separation Right For You?
We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce. The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action. And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage. Below is a discussion of other...
read morePets and Divorce in Georgia
Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...
read moreWhat is a Standing Order in a Divorce Case?
When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders. In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct. A violation of any of the standing orders can result in some jail time due to being in contempt of the court. The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...
read moreDivorce Advice for Spouses of Professionals and Business Owners
Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...
read moreWhat is a Motion to Dismiss?
What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...
read moreCan Child Support be Discharged in Bankruptcy?
Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...
read moreThe Good, Bad and Ugly Parts of a Divorce
When going through a divorce there is the good, the bad, and the ugly; it is important to know ahead of time what you are in for. Sometimes the good greatly outweighs the bad instantly, but in most situations it may take some time to see these types of results — so be patient and keep an eye out. The following are the good, the bad, and the ugly about going through a divorce. The Good Parts of Divorce You will get a new start with a divorce and a chance to rediscover yourself at a new stage in your life. A fresh start will allow you to get...
read moreWhat is the Best Time for a Divorce?
When the Kids are Older Generally, kids will handle a divorce better if they can maturely handle it. Younger children typically will not handle the changes or relationship dynamics and the splitting of parents as well as older children. In addition if the children are younger it is more likely that parenting conflicts between the parents will be more prevalent and co-parenting will be more difficult. Younger children are less likely to want to transition during visitation and are more reliant on a steady care taker. As children mature they...
read moreProtecting Your Business in a Divorce
Dividing a Business in a Georgia Divorce Equitable division does not mean an equal division. In the case of divorce in Georgia your business and practice can be considered for equitable division between the spouses. Any type of business that is referred to a “closely held” such as a partnership, LLC, professional practice, and or corporation that’s shares are not publicly traded can be considered a marital asset during a divorce proceeding. Even if the business was initiated prior to the marriage the business can still be viewed as marital...
read more
Danny Coleman, MBA, Attorney
Susan Martin, PE, MBA, Attorney
RSS 2.0 Feed URL
