Who Are The Best Contempt Lawyers For Gwinnett Families?
Contempt Actions: Enforcing The Court’s Order
Is your ex-spouse failing to live up to his or her obligations under the divorce decree? Are you having difficulty collecting child support? Divorce decrees and legitimation orders are legally binding on both parties, but that doesn’t mean they will always be followed. When one of the parties fails to comply with the terms of a divorce or legitimation order, usually the proper recourse is an action for civil contempt.
Some circumstances frequently leading to civil contempt actions are:
- Failure to pay alimony and/or child support
- Failure to abide by custody or visitation orders
- Failure to take necessary steps to facilitate property division (such as quit claim deeds or QDROs)
- Failure to provide life or health insurance for a child or spouse
A contempt action is usually an extension of the original order. This means, for example, that if your divorce was in Gwinnett County, the contempt action will usually have to be brought in Gwinnett County, regardless of where the other party currently lives. You should consider this when selecting your attorney.
Be aware that there are numerous defenses to contempt available; therefore, it is essential you contact a lawyer if you are pursuing or defending a contempt action.
Atlanta Divorce Judgment Contempt Attorneys · Child Support Enforcement
From our office in Lawrenceville, our lawyers represent clients in communities throughout Gwinnett County, Walton County, Fulton County, Cobb County, DeKalb County and other counties throughout the Atlanta, Georgia, metro area. Call us at (770) 285-1673 or contact us by email to arrange a free case evaluations today.
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Frequently Asked Questions: Contempt & Enforcement in Georgia
How do I enforce a child support or alimony order in Georgia?
When the other party stops paying court-ordered support, Daniels & Taylor, P.C. files a motion for contempt in the Superior Court that issued the order. Georgia judges can compel payment, award past-due support (arrears) with interest, order wage garnishment, and require the violating party to pay your attorney's fees. We handle enforcement in Gwinnett, Fulton, and across metro Atlanta.
What happens at a contempt hearing in Georgia?
At a contempt hearing the judge decides whether a party willfully disobeyed a court order. If found in contempt, consequences can include paying arrears, fines, makeup parenting time, the other side's attorney's fees, and in serious cases jail until they comply. Daniels & Taylor, P.C. assembles the payment records and communications that prove the violation.
Can I still collect child support that is years overdue?
Yes. In Georgia, past-due child support does not expire and accrues 7% interest. Daniels & Taylor, P.C. recovers arrears through contempt actions and income deduction (wage withholding) orders so your children receive what they are owed.
Who pays the legal fees in a contempt case?
Georgia law allows the court to order the party who violated the order to pay the other side's attorney's fees in a successful contempt action. Daniels & Taylor, P.C. requests this fee-shifting so holding the other party accountable does not come at your expense.