MARIETTA AND METRO ATLANTA DIVORCE AND FAMILY LAW BLOG

Enforcing Court Orders

Posted by Diane Cherry, Managing Partner | Feb 26, 2021 | 0 Comments

Contempt
Contempt of Court in Georgia

Where there's a Court Order, there is someone willing to violate it.

After the ink has dried, you may encounter reluctance, delay or outright refusal to abide by a Settlement Agreement, Parenting Plan or other Court Order.  Typical noncompliance issues include not paying child support, failing to adhere to a parenting time schedule, not completing post-divorce property transfers or not paying Court ordered alimony. 

Disagreements as to how to interpret a parenting time schedule or holiday visitation are not uncommon and may simply be a misunderstanding that warrants clarification.  However, an intentional disregard of a Settlement Agreement, Parenting Plan or Court Order is more serious and you may need to file a contempt of court or take other actions depending upon the severity of the violation.

You have the right to enforce all Agreements, Parenting Plans and Court Orders and acting promptly may be a help set the tone and avoid future violations.  Being called into Court for contempt will typically result in a monetary sanction and reprimand against the party who violated the Court Order.  More severe violations can result in a finding of willful, criminal contempt resulting in incarceration.  Letting your ex know that you will hold him or her to their obligations is sometimes a necessary first step for ensuring future compliance.

If you believe a Settlement Agreement, Parenting Plan or other Court Order is not being followed, our attorneys can guide you through the contempt process to help protect your interests and find the best solution in your case.

About the Author

Diane Cherry, Managing Partner

I am an Atlanta area Family Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.

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