Order-enforcement help for Johns Creek families.
For Johns Creek families, an ignored custody or support order does not just break the rules, it disrupts the kids’ stability. We move quickly to enforce it, filing for contempt so the order is followed and your children’s routine is protected.
Daniels & Taylor serves Johns Creek families from our office in Lawrenceville.
What most people pay for a consultation to learn
Contempt is how you enforce an order that already exists, not how you change it. If the other person is ignoring your custody, support, or divorce order, you ask the court to enforce it; to change the order you file a separate modification (O.C.G.A. 19-9-23(b)).
The violation has to be willful. An honest inability to pay is a defense to a support contempt; the question is whether the other person could comply and chose not to
(O.C.G.A. 19-6-28).
How a Georgia contempt case works
Contempt is how you enforce an existing order when the other person refuses to follow it. The court can compel compliance, and for a willful refusal it can order jail until the person complies, a purgeable and coercive remedy, so no one can promise that the other side will be jailed (O.C.G.A. 19-6-28).
Contempt is filed in the same court that entered the order you are enforcing, the court that issued your order, not necessarily where either of you lives now (O.C.G.A. 19-9-23(b)). If your order came from the Superior Court of Gwinnett
County, that is where your contempt case belongs; if it came from another county, that is where it belongs.
If circumstances have genuinely changed, the proper step in Georgia is generally a modification, not contempt, because contempt enforces an existing order rather than changing it (O.C.G.A. 19-9-23(b), 19-9-3), so a parent in Johns Creek whose situation has changed typically files for modification.
A contempt action in Georgia enforces an existing custody order rather than creating new terms (O.C.G.A. 19-9-23(b)), so a parent in Johns Creek uses contempt to hold the other parent to the current custody arrangement.
Common questions about contempt in Johns Creek
Where is a contempt case filed?
A contempt action belongs in the court that entered your original order: if your order came from a particular county’s Superior Court, that is where the contempt is filed, even if you have since moved to another county. We confirm which court that is for you.
Does this cover both support and custody violations?
Yes, missed child support and a co-parent who ignores the parenting schedule alike.
What is the first step?
A free case evaluation, where we look at your order and what is being ignored.
Protect your kids’ routine by enforcing the order. Call (770) 285-1673 for a free case evaluation.
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