Contempt and enforcement help for Madison families.
Madison’s storybook antebellum streets don’t spare its Morgan County parents the headache of an ex who won’t follow a court order. We help you hold them accountable through a contempt action.
Daniels & Taylor serves Madison 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 Madison 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 Madison uses contempt to hold the other parent to the current custody arrangement.
Contempt also enforces the terms of a Georgia divorce decree, such as support, property, and parenting obligations (O.C.G.A. 19-6-28), so a party in Madison can use contempt to enforce what the divorce ordered.
Common questions about contempt in Madison
Where is a Madison contempt case decided?
Right here in the Superior Court of Morgan County, in Madison.
My ex won’t follow the order, what can the court do?
Compel compliance, set repayment, and penalize willful violations.
What if I’m accused of contempt?
We defend parents in that position too.
Let’s get your order respected. Call (770) 285-1673 for a free case evaluation.
Contact Us
"*" indicates required fields