Have a court order by which your ex-spouse refuses to abide?
We can help you.
A court has the authority to punish a person who violates its order. The willful refusal to follow a court order can take many forms. The most common forms of contempt of a court order are:
- Failure to pay child support or spousal support
- Refusal to provide visitation as directed by the court
- Refusal of the opposing party to remove your name from a loan
- Failure to obey a Temporary Protective Order (TPO)
- Acts of defiance against specific court orders
The Gunn Firm focuses on family law, and we are experienced in managing contempt of court issues related to family law. We understand that family law is a difficult area of law as the issues hit very close to home. Because we have work exclusively in family law we understand the real impact these issues place on our clients' lives. Therefore we handle every contempt of court issue with the utmost of care.
Contempt can become deeply entwined in family law cases. When a final settlement is reached, or the court issues an order, it is very important to the court that the order is obeyed. You may have an order requiring the division of property, the cooperation for visitation, or the payment of support. If support payments are not paid in accordance with a court's order, the court may take great offense to the violation of its orders. The mechanism the court uses to enforce the order is by finding an individual in contempt and the court may sanction (punish) an individual for violating a court order. The sanctions are typically contingent upon the payment of the support due or compliance with other terms of the final order or settlement agreement. Court imposed penalties may include fines, license suspensions, and even incarceration.
If you have a final order of the court, and the other party is in violation of the order, you may have grounds for contempt. If the court finds the other party is in contempt of the court's order the court has the authority to order the other side to pay your attorney's fees on your behalf. This is particularly common if the violation is a failure to pay support. This helps to ensure that the party in violation or contempt of the order pays you back for the costs you have to incur to ensure they comply.
Because of the likelihood that the court may order the other party to pay your attorney's fees, we have more flexibility to work with our clients on our fees when the issue is the failure to pay support. The award of attorney's fees can lessen the burden placed on you to obtain support, property, or visitation due to you.
Use these quick links to view specific information on common contempt issues. >>
What is Contempt? | Contempt Procedure | Trial or Hearing? | Risks of Contempt | Potential Penalties
Cost To File Contempt | Safeguards Against Repeat Violations | Withholding Visitation
Contempt can become deeply entwined in family law cases. When a final settlement is reached, or the court issues an order, it is very important to the court that the order is obeyed. You may have an order requiring the division of property, the cooperation for visitation, or the payment of support. If support payments are not paid in accordance with a court's order, the court may take great offense to the violation of its orders. The mechanism the court uses to enforce the order is by finding an individual in contempt, and the court may sanction (punish) an individual for violating a court order. The sanctions are typically contingent upon the payment of the support due or compliance with other terms of the final order or settlement agreement. Court imposed penalties may include fines, license suspensions, and even incarceration.
If you have a final order of the court, and the other party is in violation of the order, you may have grounds for contempt. If the court finds the other party is in contempt of the court's order the court has the authority to order the other side to pay your attorney's fees on your behalf. This is particularly common if the violation is a failure to pay support. . This helps to ensure that the party in violation or contempt of the order pays you back for the costs you have to incur to ensure they comply.
Because of the likelihood that the court may order the other party to pay your attorney's fees, we have more flexibility to work with our clients on our fees when the issue is the failure to pay support. The award of attorney's fees lessens the burden placed on you to obtain support, property, or visitation due to you.
CONTEMPT OF COURT FAQ
What is Contempt - When is it appropriate?
If you have been awarded property, alimony, child support, or attorney's fees in a court order such as a final divorce decree, you have the authority to ask the Court to enforce the award through an action for contempt. Contempt is the mechanism the court may use to enforce its own orders and it is a very serious finding. If an individual fails to perform the duties required by a divorce decree, settlement agreement, parenting plan, or other court order, the court may find that individual in contempt and punish them for willful violation of its order.
Procedure for Contempt in Georgia
Typically, your contempt action will be brought in the same Superior court that issued your final decree even if the opposing party has since moved away. Once the Motion for Contempt is filed on your behalf, the court will usually hold a hearing to determine whether a finding of contempt is appropriate.
Trial or hearing for a Contempt Action
The individual who is suspected of violating a court order has the right to a hearing. The contempt hearing is conducted solely by the Judge. There is no right to have a jury trial in a contempt action. Once we have presented your case in support the action for contempt, it is solely in the hands of the Judge to make a finding of fact pertaining to the violation of the court's order.
Risks of bringing a Contempt Action
Unlike in your previous action, your contempt is not generally subject to a "counterclaim" for modification of the order. In other words, the opposing party may not ask the Judge to modify their support obligation at the same time as the contempt. A modification action would have to be brought separately. Your original generally will not be modified at the same time as the contempt unless you actually agree to such a modification. The court does have authority to modify visitation rights, but not custody in a contempt action. Also, if the court finds that your claim is frivolous they may require you to pay the opposing party's attorney's fees for having to defend against your claim. To protect against this we review your rights and the opposing party's failure to comply carefully before proceeding on your behalf.
What does the Judge Want to know to decide if a finding of contempt is appropriate?
The court will look at the following issues:
- That an original order (e.g. support or division of property) has been issued by the court
- That there has been a failure to comply with the order
- That the failure to comply was willful. In other words did the individual make every possible attempt to comply?
- What is the severity of the violation
- What sanction is necessary to ensure compliance with the order.
Possible penalties for contempt?
The Judge is authorized to order fines or incarceration as a sanction for contempt. If the Judge does order incarceration, release is typically contingent upon compliance with the contempt order. In a case where finances are involved this often means that the Judge sets a dollar value which the individual must pay toward an arrearage in order to be released from jail. The Judge may order the individual's release for inability to pay or good faith willingness to pay even if the individual has truly missed support payments. In addition to fines and incarceration, the court may order the suspension, denial, or revocation of certain licenses (such as driver's license) where the violation has extended for 60 days.
Cost to bring a Contempt Action?
Typically, contempt is not considered an initial, brand new action. It is a motion on the action that resulted in your final order (such as your divorce, legitimation, or custody case). It costs only one dollar to file the action in court. The attorney's fees may vary for the action. In many cases, the Judge will award attorney's fees in a contempt action where the violation of the court order was the cause of the accrual of caused the attorney's fees. We can discuss payment options with you when we meet with you.
Safeguards against repeat violations
In cases involving child support, the Judge may require a compliance hearing down the road to ensure that the violator of the order continues to cooperate. Just like a contempt action, a motion for compliance is not a new action, but is considered part of the original action, and likewise does not require an initial filing fee.
Withholding visitation - a bad idea
The nonpayment of support is wholly separate from any rights of visitation. It is important to the court that you arrive with clean hands, i.e. that you have not compounded the issues by begrudgingly violating the visitation schedule ordered by the court. The withholding of court-ordered visitation is as much a violation of the order as the nonpayment of support and carries the same consequences of contempt described with respect to nonpayment. In other words you should never withhold a child's visitation to try and punish the other party for violating an order. It only ensures that the court may sanction you both!
We offer free consultations. If you would like to learn more about THE GUNN FIRM or make an appointment call 404-969-4505.
